New South Wales Consolidated Regulations New South Wales Consolidated RegulationsEnvironmental planning instruments (including State environmental planning policies and regional environmental plans) as in force immediately before the commencement of this Plan continue to apply to a development application if:
(a) the application was made but had not been finally determined before that commencement, and
(b) the development that is the subject of the application is prohibited because of the amendments made by this Plan but could, with development consent, have been carried out in accordance with those instruments as so in force.