QLDIn ForceAct
Planning Act 2016
sec.88Lapsing of approval for failing to complete development
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### sec.88 Lapsing of approval for failing to complete development
A development approval, other than a variation approval, for development lapses to the extent the development is not completed within any period or periods required under a development condition.
A variation approval for development lapses to the extent the development is not completed within—
if a development condition required the development to be completed within a stated period or periods—the stated period or periods; or
if paragraph (a) does not apply—the period or periods the applicant nominated in the development application; or
otherwise—5 years after the approval starts to have effect.
However, despite the lapsing of the development approval, any security paid under a condition stated in section 65 (2) (e) may be used as stated in the approval or agreement under section 67 (to finish the development, for example).
(sec.88-ssec.1) A development approval, other than a variation approval, for development lapses to the extent the development is not completed within any period or periods required under a development condition.
(sec.88-ssec.2) A variation approval for development lapses to the extent the development is not completed within— if a development condition required the development to be completed within a stated period or periods—the stated period or periods; or if paragraph (a) does not apply—the period or periods the applicant nominated in the development application; or otherwise—5 years after the approval starts to have effect.
(sec.88-ssec.3) However, despite the lapsing of the development approval, any security paid under a condition stated in section 65 (2) (e) may be used as stated in the approval or agreement under section 67 (to finish the development, for example).
- (a) if a development condition required the development to be completed within a stated period or periods—the stated period or periods; or
- (b) if paragraph (a) does not apply—the period or periods the applicant nominated in the development application; or
- (c) otherwise—5 years after the approval starts to have effect.