Posted on December 3, 2019 by James Fan

Alert – Reintroduction of Deemed Refusal Periods for Subdivision, Construction and Occupation Certificate Applications

The Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 (Amendments) came into force on 29 November 2019. The Amendments largely provided clarification on the minimum public exhibition periods required for certain categories of applications as set out in Schedule 1 of the Environmental Planning and Assessment Act 1979 (EPA Act).

Whilst the Amendments were entitled “Community Participation Plans”, this amending legislation included the re-introduction of deemed refusal appeal periods for applications for construction, subdivision, and occupation certificates. These new provisions are in clauses 142A, 148J and 151A of the Environmental Planning & Assessment Regulation 2000. With the amendment of the EPA Act in March 2018, the deemed refusal period for such certificates (previously provided in the former s 109K) were not immediately replicated in s 8.16 of the Act.

The re-introduction of the deemed refusal appeal periods for construction, subdivision, and occupation certificates coincided with the commencement of the new Part 6 building and subdivision certification provisions on 1 December 2019.

If you have any questions regarding the above, please do not hesitate to contact James Fan on 8235 9706.