79BExtension of relevant period for compliance with development consent condition for large commercial development

#### 79B Extension of relevant period for compliance with development consent condition for large commercial development 79B Extension of relevant period for compliance with development consent condition for large commercial development > > (1) The person having the benefit of the development consent to which section 79A applies may apply to the consent authority for an extension of up to 12 months of the relevant period. > > > (2) The application must be made through the NSW planning portal. > > > (3) The consent authority may grant an extension only if satisfied that the extension is reasonable in the circumstances. > > > (4) In deciding whether an extension is reasonable in the circumstances, the consent authority— > > > > > (a) must consider the following— > > > > > > > (i) whether less than 75% of the building will be occupied at the end of the relevant period, > > > > > > > (ii) whether the development is staged development, > > > > > > > (iii) the measures already taken by the applicant to comply with the development condition, and > > > > > (b) may consider the following— > > > > > > > (i) a change in ownership of the development, > > > > > > > (ii) delays in the construction of development that is staged development, > > > > > > > (iii) delays in relation to the purchase, surrender or obtaining of offsets, > > > > > > > (iv) other relevant matters. > > > (5) A consent authority is taken to have refused an application for an extension if it has not determined the application within 30 days. > > **s 79B:** Ins 2022 (520), Sch 2\[4\] (am 2023 (531), Sch 1\[16\]).