58Savings

58 Savings

58 Savings

(1) Nothing in this plan is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit—

(a) the carrying out of development of any description specified in Schedule 5 other than that specified in clause 2 or 11 of that Schedule in respect of land to which clause 35 applies, or

(b) the use of existing buildings of the Crown by the Crown, or

(c) home occupations carried on in dwelling houses.

(2) If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.

(3) A development application made but not finally determined before the commencement of Tweed Local Environmental Plan 2014 (Amendment No 35) must be determined as if that Plan had not commenced.

(4) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

cl 58: Am 2020 (69), Sch 1.12[3]; 2022 (220), cl 5; 2023 (524), Sch 1.1[2].