Environmental Planning and Assessment Act 1979

A development consent lapses 5 years after the date from which it operates.

However, a consent authority may reduce the period of 5 years in granting development consent.

Subsection (2) does not—

apply to a development consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent, or

authorise a reduction of a period that would cause—

a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or

a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent.

Development consent does not lapse for the following if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section—

the erection of a building,

the subdivision of land,

the carrying out of a work.

Development consent for development other than that referred to in subsection (4) does not lapse if the use of any land, building or work the subject of the consent is actually commenced before the date on which the consent would otherwise lapse.

Despite another provision of this section, a development consent subject to a deferred commencement condition under section 4.16(3) lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within 5 years from the grant of the consent or, if a shorter period is specified by the consent authority, within the shorter specified period.

The regulations may set out the circumstances in which work is or is not taken to be physically commenced for the purposes of this section.