Where a development control plan validated under s 857(5) of the SPA includes a process for making and approving plans with which development must comply, that process prevails over the general mechanism in ss 241 and 242 of the SPA for varying the effect of planning instruments, and a developer cannot use a s 242 preliminary approval application to dispense with the requirement. However, requirements in a development control plan that do not state how development must comply with the relevant plans (such as precinct plan requirements that are prerequisites to approval rather than requirements with which development must comply) do not engage s 857(5) and may be varied under ss 241 and 242.
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