A transitional provision in an environmental planning instrument that protects development applications made before the commencement of new provisions confers a vested right upon lodgment of the application, protected by s 34(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW). Such a right cannot be overridden by a subsequent amendment purporting to negate the transitional provision, because s 34(4)(b) is not expressed to be subject to a contrary intention. The right is acquired whether or not the applicant was aware of or relied upon the transitional provision at the time of lodgment.
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