Planning and Development Act 2005

Subject to any extension granted under subsection (2), the period within which a person to whom approval of a plan of subdivision was given must submit, and request approval of, a diagram or plan of survey of the subdivision under section 145(1) is —

in relation to a plan of subdivision creating more than 5 lots — the period of 4 years beginning on the day on which the Commission approved the plan of subdivision; and

in any other case — the period of 3 years beginning on the day on which the Commission approved the plan of subdivision.

On the application of a person to whom approval of a plan of subdivision has been given, the Commission may, by written notice, grant an extension of 2 years to the period that would otherwise apply under subsection (1).

An application under subsection (2) must be made in the manner and form approved by the Commission.

The Commission must not grant an extension under subsection (2) unless the Commission is satisfied that —

the applicant has done everything that is reasonably practicable to enable the applicant to submit, and request approval of, the diagram or plan of survey in accordance with section 145(1) within the period that would otherwise apply under subsection (1); and

since the approval of the plan of subdivision was granted, there have been no significant changes to the requirements that apply under this Act to the area covered by the plan of subdivision.

The Commission must not grant more than 1 extension under this section in relation to a plan of subdivision.

The Commission must try to deal with an application under subsection (2) within the period of 30 days after the day on which the application is made or within such longer period after that day as may be agreed in writing between the Commission and the applicant.

If an extension is granted under subsection (2) after the expiry of the period that would otherwise have applied under subsection (1) (the original period), the approval of the plan of subdivision is taken not to have ceased to have effect under section 145(7) at the end of the original period.