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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applying only to the land to which this Plan applies are repealed.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s are repealed under this provision: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

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