New South Wales Consolidated Regulations New South Wales Consolidated RegulationsDespite clause 4 (3), Newcastle Local Environmental Plan 1987 , as in force immediately before the commencement of this plan, continues to apply to a development application relating to land to which this plan applies, if:
(a) the application was made but not finally determined before the commencement of this plan, and
(b) the development which is the subject of the application is prohibited under the provisions of this plan, but was permissible with consent under that plan.