Do councils ever revoke planning permits

Discussion in 'Development' started by Keentolearn77, 25th Dec, 2016.

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  1. Keentolearn77

    Keentolearn77 Well-Known Member

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    hi

    If one has a planning permit from council to remove a tree. And have 2 years to remove it....
    And decides to not remove the tree until later in that 2 year period due to accessibility issues....
    If one then decides to submit an application for a planning permit to develop the site.

    Could council decide to revoke the planning permit to remove the tree which would impact on the likely success of fully realising an approved application for development of the site....
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    If it lapses, the approval no longer exists.

    If the new DA refers to it as to be removed under approval DA123_12017 then provided it hasn't lapsed you might stand a chance.
     
  3. Tufan Chakir

    Tufan Chakir Well-Known Member

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    The recision/revocation of a permit is hugely difficult. It also opens the question of compensation. It is VERY unlikely and uncommon that a Council would do that
    No issues with timing. You have two years to act on the permit. As well as the potential to ask for an extension of time.
    The development applicaiton is a separat matter.
    Whilst another planner in the Council might suggest keeping the tree as a permit condition (unlikely though), there will be reference back to the "tree removal" permit.
    So, view them as separate matters, and the tree removal permit is live for two years and may be extended
     
  4. melbourne171

    melbourne171 Well-Known Member

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    Why do not you extend the permit before it lapse? You have 2 years to remove it. If not, you can extend it another 2 years before it lapse.

    Wondering if you just cut these tree and tell the Council they were cut before permit lapse?
     
  5. Marg4000

    Marg4000 Well-Known Member

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    So the approval to cut the tree is still current?
    Maybe remove it before lodging any further applications.
    Better to be safe than sorry!
    Marg
     
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  6. Keentolearn77

    Keentolearn77 Well-Known Member

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    Cheers
    The tree will cost me many thousands more to remove now with current access and garage in main path.

    Whereas if I remove the tree after hopeful planned demolishing of current dwelling to make way for subdivision development, then the tree will be a lot easier to get access to and will cost thousands less to remove.

    (Paranoia perhaps) I just have that back of the mind thought that if I leave the tree in place until planned demolishing of current dwellings / subject to seeking development planning permit.... That council may try to retract and remove my already issued planning permit to remove the tree...
     
  7. Tufan Chakir

    Tufan Chakir Well-Known Member

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    Council will not revoke a permit. If there is an attempt to retain the tree througha permit condition for the development talk to the Council about the existing permit.
     
  8. Marg4000

    Marg4000 Well-Known Member

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    The council will not revoke a permit.

    However, if you allow it to expire, you will have to reapply. Rules and regulations may have changed in the meantime.
    Marg
     
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