You or your client could suffer significant financial losses if your development consent has not been lawfully commenced.
Being granted development consent may seem like the end of the journey for many property owners and developers. However, there are then critical steps to be taken to ensure that the development consent can be preserved or acted upon.
Whilst the law in relation to commencement has changed significantly in the last decade – from “substantial” to “physical” commencement – the fundamentals remain the same. Any works to commence development consent must be lawful.
I have advised and acted on many matters concerning lawful commencement. In one case, I acted for a developer who secured a declaration from the Land and Environment Court for the lawful commencement of consent for a residential flat building, thereby preserving a consent worth several million dollars.
If you or a client have a development consent that is close to lapsing or you believe you have lawfully commenced but need verification, why not give me a call.