14Saving of certain development applications and development plans

14 Saving of certain development applications and development plans

14 Saving of certain development applications and development plans

(1) The 1996 LEP, Central Sydney Heritage Local Environmental Plan 2000 and Sydney Regional Environmental Plan No 26—City West, as in force immediately before the commencement of this plan, apply to and in respect of the following, as if this plan had not been made—

(a) a development application (whether or not for a staged development consent)—

(i) that was lodged but was not finally determined before the commencement of this plan, and

(ii) that could have been consented to under the 1996 plan without any need for a related development plan being adopted under the 1996 LEP either because clause 28B of that plan did not apply to the proposed development or because of clause 28B (4) or (5) (a) or 28C (5) of that plan, and

(b) a development application (other than an application to which paragraph (a) applies and whether or not for a staged development consent)—

(i) that was lodged (but was not finally determined) before, or is lodged after, the commencement of this plan, and

(ii) that is substantially in accordance with a development plan that was adopted under the 1996 LEP before that commencement or a development plan that was lodged before that commencement for adoption under the 1996 LEP and has been adopted under the 1996 LEP after that commencement because paragraph (d) applies, and

(c) a development application lodged after that commencement that is substantially in accordance with either a staged development consent granted before that commencement or a staged development consent granted after that commencement to a development application referred to in paragraph (a) or (b), and

(d) a development plan lodged for adoption under Central Sydney Local Environmental Plan 1996, but not adopted, before that commencement.

(1A) The amendments made to this plan by Sydney Local Environmental Plan Amendment (Serviced Apartments) 2019 do not apply to a development application made but not finally determined before the commencement of those amendments.