part one draft coffs harbour local environmental plan 2012 - Coffs LEP
part one draft coffs harbour local environmental plan 2012 - Coffs LEP
part one draft coffs harbour local environmental plan 2012 - Coffs LEP
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Exhibition Draft<br />
1.6 Consent authority [compulsory]<br />
The consent authority for the purposes of this Plan is (subject to the Act) the<br />
Council.<br />
1.7 Maps [compulsory]<br />
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a<br />
map by that name:<br />
(a) approved by the Minister when the map is adopted, and<br />
(b) as amended or replaced from time to time by maps declared by<br />
<strong>environmental</strong> <strong>plan</strong>ning instruments to amend or replace that map, and<br />
approved by the Minister when the instruments are made.<br />
(2) Any 2 or more named maps may be combined into a single map. In that case, a<br />
reference in this Plan to any such named map is a reference to the relevant <strong>part</strong> or<br />
aspect of the single map.<br />
(3) Any such maps are to be kept and made available for public access in accordance<br />
with arrangements approved by the Minister.<br />
(4) For the purposes of this Plan, a map may be in, and may be kept and made<br />
available in, electronic or paper form, or both.<br />
Note. The maps adopted by this Plan are to be made available on the official NSW<br />
legislation website in connection with this Plan. Requirements relating to the maps are set<br />
out in the documents entitled Standard technical requirements for <strong>LEP</strong> maps and<br />
Standard requirements for <strong>LEP</strong> GIS data which are available on the website of the<br />
De<strong>part</strong>ment of Planning and Infrastructure.<br />
1.8 Repeal of <strong>plan</strong>ning instruments applying to land [compulsory]<br />
(1) All <strong>local</strong> <strong>environmental</strong> <strong>plan</strong>s and deemed <strong>environmental</strong> <strong>plan</strong>ning instruments<br />
applying only to the land to which this Plan applies are repealed.<br />
Note. The following <strong>local</strong> <strong>environmental</strong> <strong>plan</strong>s are repealed under this provision:<br />
<strong>Coffs</strong> Harbour City Local Environmental Plan 2000<br />
<strong>Coffs</strong> Harbour City Centre Local Environmental Plan 2011<br />
(2) All <strong>local</strong> <strong>environmental</strong> <strong>plan</strong>s and deemed <strong>environmental</strong> <strong>plan</strong>ning instruments<br />
applying to the land to which this Plan applies and to other land cease to apply to<br />
the land to which this Plan applies.<br />
1.8A Savings provision relating to development applications [<strong>local</strong>]<br />
If a development application has been made before the commencement of this<br />
Plan in relation to land to which this Plan applies and the application has not been<br />
finally determined before that commencement, the application must be<br />
determined as if this Plan had not commenced.<br />
Note. However, under Division 4B of Part 3 of the Act, a development<br />
application may be made for development consent to carry out development that may only<br />
be carried out if the <strong>environmental</strong> <strong>plan</strong>ning instrument applying to the relevant<br />
development is appropriately amended or if a new instrument, including an<br />
appropriate principal <strong>environmental</strong> <strong>plan</strong>ning instrument, is made, and the<br />
consent authority may consider the application. The Division requires public<br />
notice of the development application and the <strong>draft</strong> <strong>environmental</strong> <strong>plan</strong>ning<br />
instrument allowing the development at the same time, or as closely together as<br />
is practicable.<br />
1.9 Application of SEPPs [compulsory]<br />
(1) This Plan is subject to the provisions of any State <strong>environmental</strong> <strong>plan</strong>ning policy<br />
that prevails over this Plan as provided by section 36 of the Act.<br />
Draft <strong>Coffs</strong> Harbour <strong>LEP</strong> <strong>2012</strong> (June <strong>2012</strong>) Page 6