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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 27 January 2020 at 02:38) Current version
Part 3 Division 4A Section 72D
72D   Determination of development application by council
(1)  If the council decides that the draft local environmental plan should be made, the council shall determine the accompanying development application as if the draft plan were in force.
(2)  In determining the accompanying development application, the council shall take into consideration (in addition to the matters required to be considered under section 79C (1)):
(a)  any submissions made under section 72B, and
(b)  any matters prescribed by the regulations.
(3)  If the council decides that the draft local environmental plan should not be made, the council shall refuse consent to the accompanying development application.
(4)  Section 82 applies to the accompanying development application whether or not the council makes a decision about the making of the draft local environmental plan.
(5)  Nothing in this Act or in any environmental planning instrument prevents the council from determining the accompanying development application in accordance with this Division.