Division 2A Special procedures concerning staged development applications

83A   Application of this Division

This Division applies to staged development applications and to consents granted on the determination of those applications.

83B   Staged development applications

(1)  For the purposes of this Act, a staged development application is a development application that sets out concept proposals for the development of a site, and for which detailed proposals for separate parts of the site are to be the subject of subsequent development applications. The application may set out detailed proposals for the first stage of development.

(2)  A development application is not to be treated as a staged development application unless the applicant requests it to be treated as a staged development application.

(3)  If consent is granted on the determination of a staged development application, the consent does not authorise the carrying out of development on any part of the site concerned unless:

(a)  consent is subsequently granted to carry out development on that part of the site following a further development application in respect of that part of the site, or

(b)  the staged development application also provided the requisite details of the development on that part of the site and consent is granted for that first stage of development without the need for further consent.

(4)  The terms of a consent granted on the determination of a staged development application are to reflect the operation of subsection (3).

83C   Staged development applications as alternative to dcp required by environmental planning instruments

(1)  An environmental planning instrument cannot require the making of a staged development application before development is carried out.

(2)  However, if an environmental planning instrument requires the preparation of a development control plan before any particular or kind of development is carried out on any land, that obligation may be satisfied by the making and approval of a staged development application in respect of that land.

Note. Section 74D (5) also authorises the making of a development application where the relevant planning authority refuses to make, or delays making, a development control plan.

(3)  Any such staged development application is to contain the information required to be included in the development control plan by the environmental planning instrument or the regulations.

83D   Status of staged development applications and consents

(1)  The provisions of or made under this or any other Act relating to development applications and development consents apply, except as otherwise provided by or under this or any other Act, to a staged development application and a development consent granted on the determination of any such application.

Note. Applicable provisions in respect of staged development applications include provisions relating to designated development, integrated development and regulations made under section 105.

(2)  While any consent granted on the determination of a staged development application for a site remains in force, the determination of any further development application in respect of that site cannot be inconsistent with that consent.

(3)  Subsection (2) does not prevent the modification in accordance with this Act of a consent granted on the determination of a staged development application.

Note. See section 95 (2) which prevents a reduction in the 5 year period of a development consent.