New South Wales Consolidated Acts

BOTANY AND RANDWICK SITES DEVELOPMENT ACT 1982 - SECT 6

6 Concept plan

(1) In this section, "concept plan" means:

(a) the instrument (including any accompanying maps or plans) entitled “RALEIGH PARK RESIDENTIAL DEVELOPMENT, KENSINGTON, N.S.W. CONCEPT PLAN” and catalogued in the records of the office of the Department of Environment and Planning as Plan No 4-16-5, or

(b) any instrument (including any accompanying maps or plans) approved under subsection (5),

with any amendments, alterations or variations approved under that subsection.

(2) In determining a development application made in respect of any land to which Randwick Local Environmental Plan No 9 applies, the consent authority shall, in addition to the matters that by section 90 of the Principal Act are to be taken into consideration, take into consideration the provisions of the concept plan in so far as they apply to the land to which the application relates.

(3) Any provisions of an Act (other than this Act and the Principal Act), rule, regulation, by-law, ordinance, proclamation, agreement, covenant or instrument by or under whatever authority made shall, if the concept plan so provides, and to the extent (if any) specified in the concept plan, not apply to or in respect of the land to which Randwick Local Environmental Plan No 9 applies.

(4) A development control plan under section 72 of the Principal Act has no force or effect to the extent that it is inconsistent with the concept plan.

(5) The Minister may, from time to time:

(a) approve any amendment, alteration or variation of the concept plan, as in force from time to time, and

(b) revoke the concept plan and, if he thinks fit, approve another instrument (including any accompanying maps or plans) as the concept plan for the purposes of this section.

(6) The concept plan shall be available for public inspection, without charge, at the office of the Department of Environment and Planning during ordinary office hours.