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2.2 Development applications and consents

2.2.1	Overview
2.2.2	When is a development consent required?
2.2.3	How is a development application made?
2.2.4	Categories of development
2.2.5	Environmental impact assessment
2.2.6	How is a development application considered?
2.2.7	Post-consent provisions
2.2.8	Appeals

2.2.7 Post-consent provisions

2.2.7.1 Notification of grant of consent

Once a decision has been made, the consent authority must notify:1

• the applicant,
• where the development is designated development, each person who made a written submission or objection during the public submission period, and
• any person who made a submission during a public submission period (whether or not the development was designated).2

Where the consent relates to designated development, the notification which is given to those who objected must also include information about the objector's appeal rights.3

All notices must be sent within 14 days.4 Failure to send the notice within 14 days will not invalidate the consent.5

2.2.7.2 Register of consents

A council must keep a register of the following documents:6

• All applications for development consent,
• All development consents,
• The decisions regarding all applications for complying development certificates, and
• The decision of any appeal regarding a development consent.

The register must be available for public inspection, at the council's offices.7

2.2.7.3 Can a development consent be modified?

Yes. A developer can apply for a development consent to be modified provided that the modified proposal is of minimal environmental impact and is substantially the same development.8

If the original development application was designated development, State significant advertised development or any other advertised development where the council was not the consent authority, then notice of the modification application must be published in a newspaper and those people who made submissions on the original DA must be notified.9

If the modification will result in a substantially different development, a new DA should be lodged.

2.2.7.4 Do development consents lapse or expire?

Yes. A development consent lapses 5 years after the date from which it operates, unless the consent authority reduces the period within which work must be commenced (which cannot be less than 2 years).10 The consent will not lapse if building, engineering or construction work is physically commenced on the land before the lapsing date.11 Commencement of the work must be lawful.12

A development consent runs with the land, and unless the consent has lapsed, any person who has the use of the land in the future (eg a subsequent purchaser of the land) can take advantage of the consent.

2.2.7.5 Construction and occupation certificates

Once a development consent has been granted, further approvals may still be necessary before the development can be used for the proposed purpose.

For example, where a building is to be erected, a construction certificate may be required from the council or an accredited certifier before work can lawfully commence.13 This is to certify that the plans comply with the development consent and with any relevant predetermined standards such as the Building Code of Australia.

An occupation certificate is required before a new building can be occupied or used, unless the development was exempt development.14

1. EPA Act, s 81; EPA Regulation 2000, cl 100 and 102.
2. EPA Regulation 2000, cl 102(2).
3. EPA Act, s 81(3).
4. EPA Regulation 2000, cl 102(1).
5. EPA Regulation 2000, cl 102(3).
6. EPA Act, s 100(1); EPA Regulation 2000, cl 264 - 268.
7. EPA Act, s 100(2).
8. EPA Act, s 96(1A); EPA Regulation 2000, cl 115.
9. EPA Regulation 2000, cl 118.
10. EPA Act, s 95(1), (2).
11. EPA Act, s 95(4).
12. Detala Pty Ltd v Byron Shire Council (2002) 133 LGERA 1.
13. EPA Act, s 81A(2)(a).
14. EPA Act, s 109M.