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)](#GS53@Gs2@EN) , [(3)](#GS53@Gs3@EN) and [(4)](#GS53@Gs4@EN) , 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](#GS61@EN) 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)](#GS53@Gs1B@EN) and [(4)](#GS53@Gs4@EN) , be commenced before the expiration of the 14 day period specified in [subsection (1)](#GS53@Gs1@EN) . > > > (1B)  *\[Section 53 Subsection (1B) inserted by No. 104 of 1995, s. 18 \]*If the applicant referred to in [subsection (1A)](#GS53@Gs1A@EN) 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)](#GS53@Gs1B@EN) , 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)](#GS53@Gs1@EN) 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)  [*\[Section 53 Subsection (5) substituted by No. 49 of 2001, s. 27, Applied:16 Jul 2001\]*](/view/html/inforce/2001-07-16/act-2001-049#GS27@EN) [*\[Section 53 Subsection (5) substituted by No. 3 of 2009, s. 4, Applied:27 Apr 2009\]*](/view/html/inforce/2009-04-27/act-2009-003#GS4@EN) If the use or development in respect of which a permit was granted is not substantially commenced, the permit lapses – > > > > > > (a) at the end of a period of 2 years from – > > > > > > > > > > (i) the date on which the permit was granted; or > > > > > > > > > > > (ii) if an appeal has been instituted against the planning authority's decision to grant the permit, the date of the determination or abandonment of the appeal; or > > > > > > > (b) [*\[Section 53 Subsection (5) amended by No. 24 of 2014, s. 41, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS41@Hpa@EN) if the planning authority has granted an extension under [subsection (5A)](#GS53@Gs5A@EN) , at the end of a further period of 2 years from the end of the relevant period referred to in [paragraph (a)](#GS53@Gs5@Hpa@EN) ; or > > > > > > > (c) [*\[Section 53 Subsection (5) amended by No. 24 of 2014, s. 41, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS41@Hpb@EN) [*\[Section 53 Subsection (5) amended by No. 31 of 2024, s. 5, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS5@Hpa@EN) if the planning authority has granted a further extension under [subsection (5B)](#GS53@Gs5B@EN) , at the end of a further period of 2 years from the end of the further period of 2 years for which the permit was extended under [subsection (5A)](#GS53@Gs5A@EN) ; or > > > > > > > (d) [*\[Section 53 Subsection (5) amended by No. 31 of 2024, s. 5, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS5@Hpb@EN) if the planning authority has granted a further extension under [subsection (5D)](#GS53@Gs5D@EN) , at the end of a further period of 2 years from the end of the further period of 2 years for which the permit was extended under [subsection (5B)](#GS53@Gs5B@EN) . > > > (5A)  [*\[Section 53 Subsection (5A) inserted by No. 49 of 2001, s. 27, Applied:16 Jul 2001\]*](/view/html/inforce/2001-07-16/act-2001-049#GS27@EN) If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under [subsection (5)(a)](#GS53@Gs5@Hpa@EN) , the planning authority may grant (once only) an extension of the period during which that use or development must be substantially commenced. > > > (5B)  [*\[Section 53 Subsection (5B) inserted by No. 24 of 2014, s. 41, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS41@Hpc@EN) If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under [subsection (5)(b)](#GS53@Gs5@Hpb@EN) , the planning authority may grant (once only) a further extension of the period during which that use or development must be substantially commenced. > > > (5C)  [*\[Section 53 Subsection (5C) amended by No. 31 of 2024, s. 5, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS5@Hpc@EN) [*\[Section 53 Subsection (5C) inserted by No. 24 of 2014, s. 41, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS41@Hpc@EN) An application may be made under [subsection (5A)](#GS53@Gs5A@EN) , [(5B)](#GS53@Gs5B@EN) or [(5D)](#GS53@Gs5D@EN) , for an extension of a period during which a use or development in respect of which a permit was granted must be substantially commenced, at any time before the end of the period of 6 months from the day on which the permit has lapsed and, if the extension is granted, the permit is to be taken to not have lapsed on that day. > > > (5D)  [*\[Section 53 Subsection (5D) inserted by No. 31 of 2024, s. 5, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS5@Hpd@EN) The planning authority may grant, only once, a further extension of a permit that would otherwise lapse under [subsection (5)(c)](#GS53@Gs5@Hpc@EN) if – > > > > > > (a) the planning authority is satisfied that, due to the technical or complex nature of the use or development in respect of which the permit was granted, the use or development is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under [subsection (5)(c)](#GS53@Gs5@Hpc@EN) ; and > > > > > > > (b) the further extension of the permit, by the planning authority, would enable that use or development to substantially commence. > > > (6)  *\[Section 53 Subsection (6) inserted by No. 104 of 1995, s. 18 \]*If under a permit an agreement is required to be entered into, the permit does not take effect until the day the agreement is executed. > > > (7)  [*\[Section 53 Subsection (7) amended by No. 59 of 2013, s. 22, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS22@Hpa@EN) [*\[Section 53 Subsection (7) inserted by No. 26 of 2007, s. 18, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-026#GS18@EN) The permit referred to in [subsection (1)](#GS53@Gs1@EN) remains in effect until – > > > > > > (a) it lapses under [subsection (5)](#GS53@Gs5@EN) ; or > > > > > > > (b) [*\[Section 53 Subsection (7) amended by No. 59 of 2013, s. 22, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS22@Hpb@EN) it expires as a result of a condition or restriction contained in the permit; or > > > > > > > (c) [*\[Section 53 Subsection (7) amended by No. 59 of 2013, s. 22, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS22@Hpc@EN) it is cancelled under [section 65G](#GS65G@EN) .