Survey work and geotechnical investigation work are capable of constituting 'engineering work' for the purposes of the lapsing provisions of the EPA Act. The concept of 'merely preparatory' work, derived from the old 'substantial commencement' requirement, has no application to the current 'physical commencement' requirement. The three questions to be asked are: (1) was the work building, engineering or construction work; (2) did it relate to the approved development; (3) was it physically commenced on the land before the lapsing date. Work that serves more than one purpose is not disqualified provided one purpose bears a real relationship to the approved development.
The full text is available to signed-in members, including the 35 later cases that cite this judgment.
6 of the 35 citing cases carry a classified treatment. How each court treated it is available to signed-in members.