Requesting an Extension on Permits

Discussion in 'Development' started by LMD, 17th Oct, 2016.

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  1. LMD

    LMD Well-Known Member

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    Hello hello,

    Can anyone give me some advice on the possible reasons that council will accept to grant an extension on exisiting permits?

    a bit of background - I purchased a property earlier this year that had exisiting permits, I had the intention to develop the block before they expired but recently my wife has become pregnant with our first child. This will make it unlikely that we will be able to initiate the constructiuon process. Also the council has recently made some zoning changes, meaning that the existing plans for 3 units on the site has now become zoning for 2 units to be built. what is the likelyhood that the council will extend my permits? I guess no one can tell me but has anyone been through a situation similar to this?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    If the permit hasn't expired, get the first footing excavated, inspected and poured - da/cc will remain active indefinitely. If it has expired, you'll have to reapply unless the da was less than 5 years.
     
    wylie likes this.
  3. LMD

    LMD Well-Known Member

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    permit does not expire til july 2017. So if I get the area excavated inspected and poured as you say, these plans and permits wont expire even if they have a completion period of 2 years from construction?
     
  4. Mike Sargeant

    Mike Sargeant Active Member

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    Contact your Council on the likelihood of having your permit extended and get that persons name! If the zoning has changed it's possibly a bit more fraught in terms of getting it extended. If your PP is a Victorian issue it'll have all the info on timing and extensions at the end of it. Normally 2 years to start, then 2 years to finish so having a footing in is a start which will give you 2 years to complete without worrying about extending. Could also sell and move in this market? Your permit has unique value.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    Speaking for NSW, once work has started there's no completion or expiry date. What are they going to do if you're half built when the permit expires?
     
  6. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    QLD it extends if you have an Operational Works application but time still runs out. Depends on several factors. In new planning act (December should come into force) there will no longer be automatic extension.
     
  7. LMD

    LMD Well-Known Member

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    The permits are in Victoria, the permits allow 2 years for completion from the date of construction.

    I could sell as the market has risen since I purchased but with CGT and selling fees it is doubtful I would make a significant profit that would be worth while.
     
  8. frank22

    frank22 Well-Known Member

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    I spoke to the council and they advised me up to 3 extensions can be granted . I was only seeking 1 extension . You can request an extension either by sending a letter or filling out the council form . My reason is ,I am not ready to finance the building of the 3BV unit at this stage and wish to postpone it for at least 2 years .If the DA approval is within 6 months of expiry . I was wondering if anyone can advise me ,especially in Victoria
    1. just stating that I am not financially ready at this stage to commence due to personal reasons suffice ,and will the council require written proof of my finances ie do you have to provide written proof
    2. Are you more likely to get an extension if it is your first request ,and will they likely grant 1 rather than 2 years
    thankyou
     
  9. Tufan Chakir

    Tufan Chakir Well-Known Member

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    In Victoria. The condition on the permit will say "commencement within 2 years" and "completion 2 years after commencement". Usually.
    First extension of time at the end of 2 years is normally acceptable. But not an outright given. No, the Council will not want financials, but need a few reasons why. Just tell them - eg new purchaser, personal circumstances.
    The issue will be that policy has changed (but it does depend a little on what the new provisions actually say). So, a second extension may be more difficult ( 4 years after the original consent and a change of policy). The first extension is usually granted - not everyone can get their act together in 2 years and the "approach" recognises this. Think about your immediate requirement/objective, leave thinking about what happens in 2 years time until then
     
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  10. Archaon

    Archaon Well-Known Member

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    What happens in VIC if you don't complete in 2 years?