Savings
1.8A Savings
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
If a development application has been made before the commencement of Sutherland Shire Local Environmental Plan 2015 (Amendment No 14) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
If a development application has been made before the commencement of Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) in relation to land to which the Plan applies and the application has not been finally determined before the commencement, the application must be determined as if the Plan had not commenced.
If an application for a complying development certificate has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.
An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
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