What happens if construction has not started before the DA expires?
A DA generally lasts for 5 years after it takes effect. An extension can be sought, but ACT Planning states that an extension application requires the development to have started and substantially progressed. Therefore, if construction has not started at all, that extension pathway would generally not be available.
A new Development Application would generally be required if you still want to proceed after the approval has expired.
Reference: ACT Possible Outcomes – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply/possible-outcomes
Short Answer
If construction has not started before the DA expires, the approval ends. Because an extension generally requires the development to have started and substantially progressed, a new DA would generally be required to proceed.
Detailed Explanation
Under s 211 of the Planning Act 2023, a Development Approval generally ends at the expiration of the applicable approval period.
ACT Planning states that the ordinary approval period is 5 years after the approval takes effect. Although the Authority may extend an approval period, an extension application must satisfy statutory requirements, including that the development has started and substantially progressed.
Accordingly, where development has not commenced before the approval expires, the existing approval can no longer be relied upon and a new DA would generally be necessary to proceed.
No minimum block size does not remove the need for planning assessment.
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