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Last Updated: Wednesday, 02 October 2024 14:01

Extensions of time

Under the Sustainable Planning Act 2009 and Planning Act 2016, a development approval has a currency period or relevant period. This means that a development approval has a certain amount of time in which a particular action may need to be undertaken, otherwise it will lapse i.e. no longer valid. Different development applications may have different currency periods.

Generally, Council includes a standard advice note on any development approvals that will refer you to the section of the legislation that outlines the currency or relevant period for that specific application.

As part of it's response to COVID-19, the Queensland State Government has made changes to the Planning Act 2016 to extend currency periods for planning approvals. If your development approval came into effect or was still current between 8 July 2020 and 31 October 2020 you will benefit from an additional six months to undertake the development.

Changes to development approvals

'Minor' changes and 'other' changes

An applicant can make a change to a development approval, either through their appeal period or after the appeal period.

To make a change to the approval in the appeal period, change representations are required to be submitted to Council, along with the relevant fee and any other supporting information. If you require further time to make change representations, you can request to suspend the appeal period which will allow you a further 20 business days to make change representations.

A change can also be made after the appeal period is finished. Depending on the scope of the change, it may be considered a ‘minor’ change, or an ‘other’ change. To be considered as a minor change, the change must meet the requirements of Schedule 1: Substantially different development of the Development Assessment Rules. 

Both a ‘minor’ and ‘other’ change application must be made to the responsible entity for the development application, as per section 78 of the Planning Act. 

Generally in accordance, written advice and confirmation of accepted development status

Council may have to assess plans to determine if they are generally in accordance (or acceptable) relating to previously approved plans or existing land uses. This will usually arise due to a change in the plans and especially prior to a building works approval being issued.

Sometimes it may also be unclear if a proposal meets the 'accepted development' (previously 'self assessable' or 'exempt') criteria. A customer can request written confirmation from Council as to whether their proposal meets the criteria or not.

Cancelling a development approval

Under Section 84 of the Planning Act, the applicant can request a development approval to be cancelled. To cancel a development approval, a cancellation application must be made to the assessment manager. A cancellation application cannot be made if:

• the development has started
• there are unfilled or ongoing obligations under the approval, or
• the obligations have not been superseded under another development approval, or authority.