Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 87

87 Assessing and deciding extension applications

(1) When assessing an extension application, the assessment manager may consider any matter that the assessment manager considers relevant, even if the matter was not relevant to assessing the development application.

Note—

For the assessment and deciding of an extension application for a development approval that was a PDA development approval, see also the Economic Development Act 2012 , section 51AL .

(2) The assessment manager must, within 20 business days after receiving the extension application, decide whether to—

(a) give or refuse the extension sought; or

(b) extend the currency period for a period that is different from the extension sought.

(3) The assessment manager and the applicant may agree to extend the 20 business day period.

(4) The assessment manager may decide the extension application even if the development approval was given because of an order of the P&E Court.

(5) The assessment manager must, within 5 business days after deciding the extension application, give a decision notice to—

(a) the applicant; and

(b) any referral agency; and

(c) if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and

(d) if the assessment manager is not a local government and the premises are in a local government area—the local government whose local government area includes the premises; and

(e) if the development approval was given or changed because of an order of the P&E Court—the P&E Court; and

(f) if the development approval was given or changed under a call in provision—the Minister.

(6) If a decision notice is given to the P&E Court, the P&E Court must attach the notice to the court’s file for the court’s order.

(7) Despite section 85 , the development approval lapses—

(a) if the extension application is approved—at the end of the extended period; or

(b) if the extension application is refused and the applicant does not appeal—when the last of the following happens—

(i) the day notice is given under subsection (5) ;

(ii) the end of the currency period; or

(c) if the extension application is refused, the applicant does appeal and the appeal is dismissed or withdrawn—when the last of the following happens—

(i) the day the appeal is dismissed or withdrawn;

(ii) the end of the currency period; or

(d) if the extension application is refused, the applicant does appeal, and the appeal is allowed—at the end of the extended period decided by the court.

(8) If the applicant does appeal, the applicant may not start or carry on development until the appeal is decided, unless allowed by an order of the P&E Court.