State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
53 Savings and transitional provisions for development applications made before SEPP (Seniors Living) 2004 (Amendment No 2)
(1) A development application made pursuant to Chapter 3 that was lodged with a consent authority (but not finally determined) before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 2) is to be determined as if that Policy had not been made.(2) Despite any other provision of this Policy, a consent authority may consent to a development application relating to development for the purposes of serviced self-care housing on land adjoining land zoned primarily for urban purposes even though the consent authority is not satisfied of the matters referred to in clause 17 (2) if the consent authority is satisfied that:(a) the development concerned forms part of a “deferred commencement” consent under section 80 (3) of the Act, or a staged development, in which the first or an earlier stage was granted development consent before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 1), or(b) the development concerned is the subject of a site specific master plan or development control plan that was made or adopted before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 1) and development consent was granted before that commencement for the carrying out of other development identified by the plan.(3) Without limiting subclause (2), the provisions of that subclause extend to development for the purposes of serviced self-care housing on any of the following land even if the development concerned is not of a kind referred to in subclause (2) (a) or (b):(a) Lot 2, DP 1123753, 599–607 Old Northern Road, Glenhaven and Lot 1, DP 135398, Lot 2 & Lot 3, DP 225754, 589–591 and 593 Old Northern Road, Glenhaven,(b) Lot 188, DP 755537 and Lot 155, DP 755537, 24 Coronation Road, Congarinni North,(c) Lot 4, DP 262132, 38 Progress Street, Tahmoor, Lot A DP, 365411, 30 Progress Street, Tahmoor, Lot 1, DP 623127, 36 Progress Street, Tahmoor and Lot 222, DP 10669, 42 Progress Street, Tahmoor.(4) Clause 24 does not apply to a development application for the purposes of development of a kind to which subclause (2) applies or extends.