Section 5 - Environmental Planning and Assessment (Sydney Cove) Savings and Transitional Regulation 1999 - Decision as to preparation of draft variation

5Decision as to preparation of draft variation

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5 Decision as to preparation of draft variation

(1) On receipt of an application under clause 4, the Director-General is to decide whether or not to prepare a draft variation to the approved scheme that would enable development consent to be granted to the proposed development.

(2) The Director-General may, with the concurrence of the Minister, decide not to prepare a draft variation if the Director-General is of the opinion that the variation will not conform with the general planning and design principles for the Sydney Cove Redevelopment Area.

(3) The Director-General must notify the applicant of his or her decision.

(4) If the applicant is notified that the Director-General has decided to prepare a draft variation to the approved scheme, the applicant is to make a development application for the proposed development if the applicant has not yet done so.

(5) After the Director-General has notified the applicant that he or she has decided to prepare a draft variation to the approved scheme and if the Director-General has received a development application for the proposed development, the Director-General is to prepare a draft variation to the approved scheme that will enable development consent to be granted to the proposed development.