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Welcome news in respect of lapsing subdivision consents

The Environment Court has recently lent a helping hand to developers faced with a lapsing subdivision consent where the subdivision plan has been approved by Council.

Subdivision consents are usually issued on the basis that they will lapse if they are not ‘effected’ within 5 years from the date of issue (or such longer period as the consent may specify). There has traditionally been uncertainty in terms of the relationship between this 5 year period and the 3 year period which attaches to the territorial certificate issued approving the subdivision plan (the S223 Certificate). More…