Extension of time for endorsement of diagram or plan of survey
In July 2020, the Planning and Development Act 2005 (PD Act) was amended to include a new Part 18 Extension of time for endorsement of diagram or plan of survey due to COVID-19 pandemic, which grants an automatic two-year extension to certain subdivision approvals as a result of the State of emergency coming into effect on 16 March 2020.
These extension provisions are detailed in section 288 of the PD Act and provide a 5 year approval period for applications creating 5 lots or less, and a 6 year approval period for applications creating more than 5 lots, beginning on the day on which the WAPC approved the plan of subdivision.
The Part 18 extension only applies in the following circumstances:
| APPLICATION | WAPC DETERMINATION |
|---|
IF before the 16 March 2020: A plan of subdivision was approved by the WAPC | AND immediately before the 16 March 2020: The WAPC approval was still valid; and The WAPC has not endorsed it's approval on the diagram or plan of survey |
IF before 16 March 2020: The Form 1A application was submitted | AND on or after 16 March 2020: A plan of subdivision was approved by the WAPC |
The extension does apply to subdivision approvals that are proposed to be staged, provided that the WAPC had not previously endorsed a diagram or plan of survey for the proposed lots within the stage before the 16 March 2020.
This automatic extension does not apply to Form 1A subdivision applications that were lodged with the WAPC on or after 16 March 2020, however section 145A will provide for applications for extension to be made for these approvals, once Part 12 of the Planning and Development Amendment Act 2020 is proclaimed.
Any queries in respect to the extension of time can be directed to the Department’s Planning Support team on 6551 9909.