The NSW Government has made key changes to the Environmental
Planning and Assessment Regulation 2000 (EP&A
Regulation) to heighten the threshold of what constitutes
the 'physical commencement' of a development
consent. Additionally, the introduction of the COVID-19
Legislation Amendment (Emergency Measures - Attorney General) Act
2020 (COVID Act) has extended the date that
certain development consents will lapse under the Environmental
Planning and Assessment Act 1979.
Works constituting "physical commencement"
On 15 May 2020, amendments
were made to the EP&A Regulation to insert a new clause
clarifying the level of work that is required to
'physically commence' a development, or more
precisely, to specify works that will not be sufficient to
physically commence a development consent.
