202ERelationship with other instruments

202E Relationship with other instruments

202E Relationship with other instruments

(1) A condition of a development consent that is inconsistent with the following matters in a precinct management plan ceases to have effect to the extent of the inconsistency—

(a) the trading hours for premises in a special entertainment precinct,

(b) the regulation of sound from entertainment activity from premises in the special entertainment precinct,

(c) the provision of live entertainment in the special entertainment precinct.

Examples of conditions inconsistent with a precinct management plan—

• a condition of a development consent that prohibits live entertainment in its entirety

• a condition of a development consent that prohibits live entertainment after a specified time if the precinct management plan allows live entertainment after that time

(2) A condition of a complying development certificate that is inconsistent with the following matters in a precinct management plan ceases to have effect to the extent of the inconsistency—

(a) the trading hours for premises in a special entertainment precinct,

(b) the regulation of sound from entertainment activity from premises in the special entertainment precinct.

(3) Subsections (1)(a) and (2)(a) apply only if—

(a) for subsection (1)(a)—the trading hours in the condition of the development consent are less than the trading hours in the precinct management plan for the special entertainment precinct, or

(b) for subsection (2)(a)—

(i) the trading hours in the condition of the complying development certificate are less than the trading hours in the State environmental planning policy, and

(ii) the trading hours in the State environmental planning policy are less than the trading hours in the precinct management plan for the special entertainment precinct.

s 202E: Ins 2024 No 76, Sch 3[1].