Record when a development consent lapses
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the consent the lawyer supplies, copy the date from which the consent operates and any shorter period the consent writes down. Then set out, as rules and not as findings: a consent lapses 5 years after the date from which it operates, unless a shorter period was lawfully fixed; building, engineering or construction work that is physically commenced before that date can keep a consent alive for erection of a building, subdivision of land, or carrying out of a work; actual commencement of the use can keep alive a consent for other development; and a deferred-commencement consent can lapse if the matter in the condition is not satisfied within 5 years of the grant, or any shorter period the consent specifies. Leave the lapse date blank. Do not decide that work has physically commenced.
- What the lawyer must review
- The lawyer decides whether the consent has lapsed. Section 4.53 of the Environmental Planning and Assessment Act 1979 (NSW) says a development consent lapses 5 years after the date from which it operates. The consent authority may reduce that period when granting consent. The reduction does not apply to a consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent. It also does not authorise a reduction that would make a consent to erect or demolish a building, or to subdivide land, lapse within 2 years after the date from which it operates, or a consent of a kind prescribed by the regulations lapse within the prescribed period. The regulations were not opened, so no prescribed kind or period is stated. Subsection (4) says consent for erection of a building, subdivision of land, or carrying out of a work does not lapse if building, engineering or construction work relating to that building, subdivision or work is physically commenced on the land before the date on which the consent would otherwise lapse. Subsection (5) says consent for other development does not lapse if the use of any land, building or work the subject of the consent is actually commenced before that date. Subsection (6) says a 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, or any shorter period the consent authority specifies. Section 4.16 was not opened. Subsection (7) says the regulations may set out when work is or is not taken to be physically commenced. Those regulations were not opened, so physical commencement is not decided here.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Copy the operating date and any written reduction. Do not calculate a calendar lapse date.
- Do not decide that work has physically commenced. The regulations under subsection (7) were not opened.
- Do not state a prescribed kind of consent or a prescribed period. Those regulations were not opened.
- Do not describe how a deferred commencement condition is imposed. Section 4.16 was not opened.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.