Lapsing DAs & PlanSA Section 7 Search Query Results

It has come to our attention that advice has recently been provided by the Department for Housing and Urban Development in relation to its 14 May 2026 update to the PlanSA ePlanning platform to include a new feature that: “allows Relevant Authorities to formally lapse Consents and Development Approvals in the Development Application Processing (DAP) system where:

• The operative end date is reached for consents; and
• The substantial completion date has been reached for Development Approvals and all mandatory commencement and completion notifications have not been submitted.”

Relevant Authorities have been invited by DHUD to lapse consents in those circumstances so that they do not appear in the PlanSA Section 7 data extract.

We recommend that Relevant Authorities approach the ‘lapsing’ of consents or development approval with caution for the following reasons:

1. “Lapsing” consents or development approvals through the DAP is not legally necessary – they lapse as a matter of law in prescribed circumstances after the operative date of the consent or development approval by operation of section 126(2) of the Planning, Development and Infrastructure Act 2016 (PDI Act) and regulation 67 of the Planning, Development and Infrastructure (General) Regulations 2017.
    
2. Without conducting a site inspection it is impossible to know whether a development has been lawfully commenced or substantially or fully completed in order to determine whether the relevant consent or development approval has lapsed at law.  It is not sufficient to rely upon a notification of commencement or completion of building work being made pursuant to section 146 of the PDI Act.
    
3. The determination of whether a development has been substantially commenced or substantially completed may necessitate a subjective judgment to be made by council staff potentially exposing the council to liability in the event of an erroneous determination and lapsing.

It is, of course, also the case that the operative period of a consent or development approval may be extended pursuant to section 126(3) of the PDI Act, including after it has lapsed.

Whilst the ability to eliminate lapsed consents or development approvals from Section 7 may avoid confusion for purchasers, it is not without risk or a resource impost on councils and therefore should be exercised with due care only.

The introduction of this mechanism in the DAP does not mean that Relevant Authorities now need to “lapse” consents or development approvals for recording in the DAP.  It is simply a record of such should a Relevant Authority wish to make it clear beyond doubt that such a lapse has occurred. Then the consequence will be that the PlanSA Section 7 data extract will not list that particular consent or development approval given it has been confirmed by the Relevant Authority as having lapsed.

Should you have any questions or require specific advice in relation to any of the matters raised above please contact 
Stephan Koefer  on +61 8 8217 1368 or skoefer@normans.com.au
Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au
Yari McCall on +61 8 8210 1265 or ymccall@normans.com.au
Rebecca McAulay on +61 8 8210 1278 or rmcaulay@normans.com.au