New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.23

4.23 Concept development applications as alternative to DCP required by environmental planning instruments

(cf previous s 83C)

(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 3.44(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.