65Saving of certain development applications

65 Saving of certain development applications

65 Saving of certain development applications

(1) Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and Kiama Local Environmental Plan No 5) as in force immediately before the appointed day continue to apply to a development application if—

(a) the application was made but had not been finally determined before that day, and

(b) the development that is the subject of that application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.

(2) Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and Kiama Local Environmental Plan No 5) as in force immediately before the appointed day apply to an application made on or after the appointed day for consent to the subdivision of an allotment on which two dwellings are situated so as to create separate land titles for each dwelling if—

(a) the dual occupancy development which resulted in the two dwellings was carried out with development consent granted before the appointed day or granted on or after the appointed day because of the operation of subclause (1), and

(b) the subdivision that is the subject of that application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.