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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 10 April 2020 at 08:22) Current version
Part 3 Division 4A
Division 4A Applications for the preparation of local environmental plans
72A   Making of application
(1)  A person may make an application under this Division to a council for the preparation of a local environmental plan by the council to enable the carrying out of any prescribed residential development on any prescribed land within its area.
(2)  Such an application may only be made if the development the subject of the application is:
(a)  development which, but for this Division, cannot be carried out either with or without development consent, or
(b)  development the carrying out of which, but for this Division, is prohibited under this Act.
(3)  Such an application:
(a)  shall be made in the prescribed form and manner, and
(b)  shall be accompanied by a development application made in accordance with section 78A for consent to carry out the development.
72B   Preparation of local environmental plan and advertising of development application
(1)  Where an application is made under this Division, the council shall:
(a)  with respect only to the land the subject of the accompanying development application, prepare a draft local environmental plan to enable the carrying out, with the council’s consent, of the development the subject of the application, and
(b)  prepare the draft plan in the terms determined by the Minister and notified to the council, and
(c)  provide in the draft plan, unless the development is designated development, for the development to be advertised development, and
(d)  not later than 14 days after lodgment of the application or after the Minister notifies the council of the terms of the draft plan, whichever is the later, exhibit the draft plan in accordance with section 66, and
(e)  if the development is not designated development—not later than 14 days after lodgment of the application, notify the accompanying development application in accordance with section 79A, and
(f)  if the development is designated development—not later than 34 days after lodgment of the application, complete the notification of the accompanying development application in accordance with section 79.
(2)  Any person may:
(a)  in accordance with section 67, make submissions with respect to the draft local environmental plan, and
(b)  in accordance with the regulations or section 79 (5), inspect and make submissions with respect to the accompanying development application.
(3)  Except in the case of a person making a submission in respect of an application to carry out designated development, a person making a submission is not an objector for the purposes of this Act.
72C   Consideration and making of plan
(1)  The council shall consider:
(a)  any submission made in accordance with section 67, and
(b)  any matters prescribed by the regulations,
and shall decide whether, in its opinion, the draft local environmental plan should be made.
(2)  If the council decides that the draft local environmental plan should be made, it shall, within 14 days of its decision, submit to the Director-General:
(a)  the draft plan, and
(b)  a statement to the effect that the provisions of section 72B relating to public involvement in connection with the draft plan have been complied with.
(3)  On receipt of the draft local environmental plan and the statement, the Director-General shall arrange for the draft plan to be published on the NSW legislation website, with such alterations as the Director-General thinks fit, being alterations that do not affect the substance of the provisions of the plan.
(4)  The draft local environmental plan shall take effect on and from the date of its publication on the NSW legislation website as if it were a local environmental plan made under section 70 by the Minister.
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.
72E   Appeals
(1)  If an appeal is made under section 97 (1) in respect of a development application to which this Division applies, each person who made a submission under section 87 in respect of the application shall be given notice by the council of that appeal and shall, on application made to the Court in accordance with rules of Court within 28 days after the date of the notice, be entitled to be heard at the hearing of the appeal as if the person were a party to the appeal.
(2)  The Court shall make its decision on an appeal under section 97 (1) or 98 (1) in respect of the development application as if the draft local environmental plan were in force.
72F   Making of local environmental plan following decision of Court
(1)  If the decision of the Court on an appeal has the effect of granting consent either unconditionally or subject to conditions to the carrying out of the development the subject of the development application, the registrar of the Court shall notify the Director-General accordingly.
(2)  If the Director-General has not already done so, the Director-General shall arrange for the draft local environmental plan which the development application accompanied to be published on the NSW legislation website, with such alterations as the Director-General thinks fit, being alterations that do not affect the substance of the provisions of the plan.
(3)  The draft local environmental plan shall take effect on and from the date of its publication on the NSW legislation website as if it were a local environmental plan made under section 70 by the Minister.
72G   Date from which consent operates
A consent granted by a council or by a decision of the Court to a development application to which this Division applies shall be taken:
(a)  to have been granted under Part 4, and
(b)  to become effective in accordance with section 83 and to operate from the date on which it becomes effective in accordance with that section or the date on which the draft local environmental plan which the development application accompanied is published on the NSW legislation website, whichever is the later.
72H   Application of Divisions 1 and 5 and Part 4
Divisions 1 and 5 and Part 4 apply to and in respect of a local environmental plan prepared under this Division and a development application made under this Division:
(a)  except to the extent provided by this Division, and
(b)  except to the extent of any inconsistency between a provision of those Divisions or that Part and a provision of this Division.