Extension Applications
Need more time to undertake your development? You might consider an Extension Application.
Sometimes, you might want to make changes to a development approval you’ve received or ask for more time to complete the required development before the approval expires.
What is an Extension Application?
Any property developer has the option to request an extension to the currency period of a development approval before it expires. This request can be made in accordance with Section 86 of the Planning Act 2016.
The currency period refers to the designated timeframe during which specific actions must take place before the approval lapses. If you’re coming up to your approval currency period lapsing, get in touch with Steffan Harries so we can discuss your options.
For your reference, development approvals generally specify the applicable currency period:
If not stated then:
- Material Change of Use – six years for the first change of use to start
- Reconfiguring a Lot not requiring Operational Works – four years for the subdivision plan for the reconfiguration to be lodged to Council for plan sealing
- Building Work – two years for the development to substantially start
- Operational Work – two years for the development to substantially start.
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Frequently Asked Questions
Depending on the circumstances, it may be very cheap for your extension application. Get in touch with one of our planners to discuss today!
Nope. They apply automatically!
Unfortunately, no. If circumstances have changed, and the application would not have been supported under the current rules, they may refuse your request.
There isn’t a straight answer to this question. Generally, we find they’ll allow 1-2 years as an extension at a time. That said, we’ll always go for the longest period we can justify for.
Extending the currency of your approval
If you find yourself in need of additional time to carry out your development project, an Extension Application can be a valuable solution. This application allows you to request an extension to the existing timeframe provided in your development approval. By applying for an extension, you can ensure that you have sufficient time to complete the necessary tasks and meet the requirements outlined in your approval.
The Extension Application process is designed to accommodate unforeseen circumstances or delays that may have hindered your progress. It provides an opportunity to explain the reasons behind the need for an extension and present a compelling case for granting additional time. Whether it’s due to unexpected challenges, changes in circumstances, or simply requiring more time for a thorough and successful completion of your project, an Extension Application allows you to address these concerns proactively.
By submitting an Extension Application, you demonstrate your commitment to fulfilling your development obligations while maintaining compliance with relevant regulations. It is important to note that the granting of an extension is subject to assessment and approval, taking into account factors such as the nature of the development, its impact on the surrounding environment, and any potential implications for other stakeholders.
Taking advantage of the Extension Application process can help alleviate time constraints, minimize undue pressure, and ultimately support the successful realization of your development goals.
Ministers Extensions
In 2021, the Minister for planning in Queensland exercised their powers to automatically extend the current period of all valid development approvals. This has occurred 3x since the original extension and Steffan Harries has provided a summary of the events below:
The COVID-19 applicable event 1/2021 was declared on 29 June 2021. During this applicable event, on 29 April 2022, the Planning Minister published an extension notice providing additional time for undertaking approved development to assist local governments, business, industry and the state government manage the impacts of COVID-19 on their operations. The notice applies to the whole of Queensland and is effective until 24 June 2022.
How do you apply for the Ministers extensions to your approval period?
The extension notice extended the periods stated in the notice by one year (12 months). The extension notice applies to development approvals and compliance permits either in effect on 29 April 2022, or those that come into effect between 29 April 2022 and 24 June 2022. See over page for a copy of the notice.
The extension applies in perpetuity, even though the effect of the notice ends on 24 June 2022.
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From which date do the extensions apply?
The extension notice will apply from the day the notice is published on the department’s website until 24 June 2022 (unless revoked earlier).
This means that development approvals which were either in effect on 29 April 2022, or those that come into effect between 29 April 2022 and 24 June 2022, will automatically have an additional one year to undertake the approved development.
Where a development approval had received any of the previous six-month extension notices given by the Planning Minister in July 2020 and/or September 2021, and was still in effect on 29 April 2022, this extension applies in addition to the previous extensions already provided.
Confused? The state government has provided some example of where the extensions may or may not apply which we’ve provided below:
- A development approval that would have ordinarily lapsed on 29 April 2022 will not lapse until 29 April 2023.
- A development approval that was in effect on 29 April 2022 and was due to lapse on 29 April 2023 now won’t lapse until 29 April 2024.
- A development approval that came into effect on 29 April 2022 that would have ordinarily lapsed on 29 April 2026, would now not lapse until 29 April 2027.
- Where an approval was originally due to lapse on 15 June 2022 and an extension application had been in approved in May 2021 extending the currency period until 15 June 2023, this would now not lapse until 15 June 2024.
- Where an approval was originally due to lapse in April 2022 and an extension application had been approved prior to the approval lapsing, the extension notice would apply. Section 87 of the Planning Act outlines how the currency period is affected based on the decision that is given by the assessment manager.
- The extension does not revive development approvals that had lapsed before 29 April 2022.
- The extension does not apply to development approvals granted between 29 April 2022 and 24 June 2022 that only took effect after 24 June 2022.
- The extension does not apply in addition to an extension application decision that is given after 29 April 2022 – for example, where an extension application had been in approved on 2 May 2022 extending the currency period until 23 May 2023, the lapse date remains unchanged as 23 May 2023.
- The extension notice applies to building development approvals except those for building works to which section 71 of the Building Act 1975 applies. Section 71 broadly relates to approvals for building work to demolish or remove a building or structure, or rebuild, after removal, a building or structure.
Read more about the Ministers extensions here.
Frequently Asked Questions
Some approvals will have been extended by up to 2 years, and some only 6 months. It highly depends on when the decision was made.
As the extensions sit outside of the Council decision making process, they are not acknowledged in the decision making of local councils. The extensions will automatically apply.
You need to provide land owners consent, and a good list of reasons as to why you need more time to complete your development. For example, economic turndown, changes to market conditions etc.