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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 25 August 2017 to date (accessed 21 September 2017 at 04:23)
Part 4 Division 2A
Division 2A Special procedures concerning concept development applications
83A   Application of this Division
This Division applies to concept development applications and to consents granted on the determination of those applications.
83B   Concept development applications
(1)  For the purposes of this Act, a concept development application is a development application that sets out concept proposals for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of a subsequent development application or applications.
(2)  In the case of a staged development, the application may set out detailed proposals for the first stage of development.
(3)  A development application is not to be treated as a concept development application unless the applicant requests it to be treated as a concept development application.
(4)  If consent is granted on the determination of a concept 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 concept 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.
The terms of a consent granted on the determination of a concept development application are to reflect the operation of this subsection.
(5)  The consent authority, when considering under section 79C the likely impact of the development the subject of a concept development application, need only consider the likely impact of the concept proposals (and any first stage of development included in the application) and does not need to consider the likely impact of the carrying out of development that may be the subject of subsequent development applications.
Note.
 The proposals for detailed development of the site will require further consideration under section 79C when a subsequent development application is lodged (subject to subsection (2)).
83C   Concept development applications as alternative to DCP required by environmental planning instruments
(1)  An environmental planning instrument cannot require the making of a concept 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 concept 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 concept 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 concept 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 concept development application and a development consent granted on the determination of any such application.
(2)  While any consent granted on the determination of a concept development application for a site remains in force, the determination of any further development application in respect of the site cannot be inconsistent with the consent for the concept proposals for the development of the site.
(3)  Subsection (2) does not prevent the modification in accordance with this Act of a consent granted on the determination of a concept development application.
Note.
 See section 95 (2) which prevents a reduction in the 5-year period of a development consent.