New South Wales Consolidated Acts

CITY OF SYDNEY ACT 1988 - SECT 39

39 Planning Committee’s role in planning controls

(1) The City Council must not prepare a planning proposal or submit a planning proposal to be made unless the Planning Committee has approved of the planning proposal.

(2) The Planning Committee may require the City Council to prepare a planning proposal, or to submit a planning proposal to be made, to enable the carrying out of non-complying major development the subject of the requirement. The City Council must exercise such of the Council’s functions (including functions under the Planning Act) as may be necessary to cause the required planning proposal to be made or approved.

(3) In this section:
"non-complying major development" means major development the subject of a development application which, if unconditional consent were to be granted to the application, would not comply with an environmental planning instrument that applies to land to which the application applies.