Can an expired dual-occupancy approval be renewed or extended?
Yes, in limited circumstances. A Development Approval generally lasts for 5 years after it takes effect. An application to extend the approval can be made within 6 months after the end of that 5-year period, but the development must have started and substantially progressed, and the development would still need to be approvable if a DA were lodged at the time of the extension application.
Extensions can be granted more than once, but generally for a combined maximum of 2 additional years.
If the development has not started and substantially progressed, this extension pathway would not satisfy the stated requirements, and a new DA would generally be needed to proceed.
Reference: ACT Possible Outcomes – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply/possible-outcomes
Short Answer
Yes, but only in limited circumstances. An extension may be sought within 6 months after the 5-year approval period ends, provided the development has started and substantially progressed and meets the other requirements. Otherwise, a new DA would generally be required.
Detailed Explanation
An expired Development Approval may be eligible for an extension of its approval period, rather than a “renewal”, where the statutory extension requirements are satisfied.
ACT Planning states that an extension application must be made within 6 months after the end of the ordinary 5-year approval period, the development must have started and substantially progressed, and the development must be capable of approval if it were the subject of a DA at the time the extension application is made. The cumulative extension period is generally limited to 2 years.
Accordingly, expiry does not necessarily prevent an extension, but an expired approval cannot simply be renewed automatically.
No minimum block size does not remove the need for planning assessment.
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