New South Wales Consolidated Acts

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Effect of appeals on operation of consents

8.13 Effect of appeals on operation of consents

(cf previous s 83(2)-(5))

(1) If the granting of a development consent for development (other than State significant development) is the subject of an appeal made under this Division, the development consent ceases to have effect.
(2) If an appeal under this Division is discontinued, the consent is revived on the discontinuation of the appeal.
(3) A development consent that is granted as a result of a decision on an appeal under this Division is taken to be a development consent duly granted under Part 4. Any such development consent takes effect, subject to any order of the Court, on and from the date the decision is registered on the NSW planning portal.
(4) If the effect of a decision on appeal is that development consent is refused, any development consent granted ceases to have effect.
(5) Despite anything to the contrary in this section, a development consent is taken to have effect on and from the date fixed by--
(a) a court (whether or not the Land and Environment Court) that finally determines an appeal on a question of law which confirms the validity of, or results in the granting of, the development consent, or
(b) the Land and Environment Court, if the validity of a development consent granted by that Court is confirmed by, or the development consent is granted by that Court as a result of, such a final determination made by another court that has not fixed that date.

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