DA Expiry - Law changes

[twodogs]

Warning to those with DA's that are "physically commenced" ...

bill-sets-twoyear-da-clock-ticking

If this bill change occures, your DA may no longer be valid. This would effect me greatly has I have DA's in the physically commenced phase waiting for the right time to start.

 

[aaarghhh]

This is NSW only.

 

[tcocaro]

workarounds

I would assume a developer could still submit a request 6 months prior to extend and should this not be accepted commence works.

ofcourse none of this would be necessary if developers such as myself could rely on the planning framework to approve the DA in a set time-frame so I could plan from day one rather than see if council takes 6-12 or 18 months to approve and then hope it lands on a day which is appropriate to commence construction.

 

[twodogs]

I would assume a developer could still submit a request 6 months prior to extend and should this not be accepted commence works.

ofcourse none of this would be necessary if developers such as myself could rely on the planning framework to approve the DA in a set time-frame so I could plan from day one rather than see if council takes 6-12 or 18 months to approve and then hope it lands on a day which is appropriate to commence construction.

There is no method to extend the period of a DA (and yes like the article said, that's NSW). You can get a new one, assuming the council's rules have not changed to prevent gaining the same approval.

 

[mystery]

And the NSW Govt can't understand why we have a construction/new housing shortage in NSW ..... hmmm, ..... doesn't look like it is going to improve any time soon with the "substantial construction/2 year development clause". With this sort of govt reasoning it's no wonder other states are booming ahead while NSW wallows ...

Martin ....

 

[lizzie]

very interesting.

nsw has always been a 2 year period - with the potential to apply to extend another 3 years thereafter ... however, the "significant" clause is the major change.

before, if you poured the footing, that was considered begining the development - and then it could sit dormant forever after. now the requirement will be full slab plus beginning framework.

i guess it's to try and force owner/builders and developers who had "poured the footings" and left work for year after year after year to get a move on a complete.

the plan has merit in some way - but, as pointed out, a downer for the very big developments that can take years of planning to get off the ground after da has been approved.

 

[Spectre]

And the da reapplication fee is.........

 

[twodogs]

very interesting.

nsw has always been a 2 year period - with the potential to apply to extend another 3 years thereafter ... however, the "significant" clause is the major change.

before, if you poured the footing, that was considered begining the development - and then it could sit dormant forever after. now the requirement will be full slab plus beginning framework.

i guess it's to try and force owner/builders and developers who had "poured the footings" and left work for year after year after year to get a move on a complete.

the plan has merit in some way - but, as pointed out, a downer for the very big developments that can take years of planning to get off the ground after da has been approved.

All my DA's have been 5 years from the start, and as I said the law does not allow to be extended. Mine can't be re-submitted either as rules have changed.

"Physical commencement" does not have to be as significant as the footings, I have a DA 7 years old now that just had CC surveying and this has been accepted as commenced. We have to wait to find out what "substantial" would require, but I think I have to do some more digging rather soon.

As for "get a move on", that will be hard if your DA lapses under your nose due a law change that you didn't know about or had no time to react to. Years of planning and costs gone up in a puff of law change.

You don't think that has merit do you ?