53When does a permit take effect?

53 When does a permit take effect?

(1)  Where a planning authority grants a permit, the permit, subject to subsections (2) , (3) and (4) , takes effect on the day on which it is granted by the authority or, where there is a right of appeal against the granting of the permit, at the expiration of 14 days from the day on which the notice of the granting of the permit was served on the person who has the right of appeal.

(1A)  *[Section 53 Subsection (1A) inserted by No. 104 of 1995, s. 18 ]*If the applicant is the only person with a right of appeal under section 61 in relation to a permit and does not intend to exercise that right, the use or development in respect of which the permit is granted may, subject to subsections (1B) and (4) , be commenced before the expiration of the 14 day period specified in subsection (1) .

(1B)  *[Section 53 Subsection (1B) inserted by No. 104 of 1995, s. 18 ]*If the applicant referred to in subsection (1A) proposes to commence the use or development before the expiration of the 14 day period specified in that subsection, the applicant must notify the planning authority in writing of his or her intention to commence that use or development.

(1C)  *[Section 53 Subsection (1C) inserted by No. 104 of 1995, s. 18 ]*If the applicant notifies the planning authority under subsection (1B) , the applicant is taken to have forfeited the right to appeal in relation to the permit.

(2)  A day later than the day on which a permit would otherwise have taken effect under subsection (1) may be specified in the permit as the day on which it takes effect.

(3)  Where an appeal has been instituted against the planning authority's decision to grant a permit, the permit does not take effect until the determination or abandonment of the appeal.

(4)  Where any other approvals under this Act or any other Act are required for the proposed use or development to which the permit relates, the permit does not take effect until all those approvals have been granted.

(5)  [Section 53 Subsection (5) substituted by No. 49 of 2001, s. 27, Applied:16 Jul 2001] If the use or development in respect of which a permit was granted is not substantially commenced, the permit lapses –