A development application under the Environmental Planning and Assessment Act 1979 (NSW) (unamended) is not 'made' within the meaning of s 77(3) or cl 11 of the transitional regulation until there has been substantial compliance with all requirements of s 77(3), including the requirement that it be accompanied by an EIS. Mere lodgment of the prescribed form is insufficient. The Land and Environment Court decision in Holiday Villages (Byron Bay) v Byron Council, which held that a development application was 'made' upon lodgment of the prescribed form regardless of compliance with other s 77 requirements, is disapproved.
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