Substantial commencement of development approved by Commission under s. 274
278 Substantial commencement of development approved by Commission under s. 274
This section applies if the Commission grants approval for development under section 274.
The development must be substantially commenced —
within the period specified in the approval for the purposes of this subsection; or
if no period is specified in the approval — within the period of 24 months beginning on the day on which the approval is granted.
The approval lapses if the development is not substantially commenced within the period referred to in subsection (2).
Note for this subsection:
The period referred to in subsection (2) can be extended by an amendment to the approval made under section 279 or made by an order under section 284 — see, in particular, subsections (4) and (5) and sections 279(2)(aa) and (6A) and 284(2)(aa).
The application referred to in section 279(6A) can be made or determined even if the approval has lapsed under subsection (3) and, if the application is granted after the approval has lapsed, the approval comes back into effect accordingly when the application is granted.
An order under section 284 may make an amendment of the kind referred to in section 284(2)(aa) even if the approval has lapsed under subsection (3), in which event the approval comes back into effect accordingly when the amendment is made.
[Section 278 inserted: No. 26 of 2020 s. 4; amended: No. 17 of 2022 s. 9.]
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