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Section 47I Liquor Act 2007
Granting Development Consent During Freeze

Section 47I of the Liquor Act 2007 (NSW) is concerned with Granting Development Consent During Freeze and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

47I Restrictions on granting development consent in relation to subject premises

(1) During the freeze period, development consent to carry out development on subject premises must not be granted by a consent authority if the development requires a licence, approval, authorisation or other action under this Act that cannot be granted or taken because of the operation of the other provisions of this Division.

(2) For the purposes of subsection (1), any matter under those other provisions of which the Authority is required to be satisfied is to be a matter of which the consent authority is required to be satisfied.

(3) This section does not apply to or in respect of an application for development consent:
(a) to carry out development on subject premises for the purposes of a restaurant, or
(b) to carry out development on subject premises that are in a freeze precinct described in Part 2 of Schedule 5, or
(c) that was made on or before the relevant introduction date.

(4) This section does not prevent:
(a) an application for development consent from being amended under the EP&A; Act by the applicant for the purposes of removing or modifying that part of the application that would otherwise prevent it from being granted because of subsection (1), or
(b) the consent authority from determining any such amended application in accordance with that Act.

(5) A reference in this section:
(a) to an application for development consent includes a reference to an application to modify an existing development consent, and
(b) to the granting of development consent includes a reference to the modification of a development consent.

(6) A reference in this section to a consent authority includes, in the case of any development that is complying development, a reference to a certifying authority.

(7) The provisions of the EP&A; Act that provide for an appeal to the Land and Environment Court on the basis that the period for determining an application for development consent has expired before the application is determined do not, for the duration of the freeze period, apply in relation to an application for development consent that cannot be granted by the consent authority because of this section. In the case of any such application for development consent, the period under the relevant provision of the EP&A; Act for determining the application is taken to commence immediately on the expiration of the freeze period.

(8) Words and expressions used in this section or in section 47J that are defined in the EP&A; Act have the same meaning as in that Act.

(9) In this section:”EP&A; Act” means the Environmental Planning and Assessment Act 1979.”relevant introduction date” means the date on which the Bill for the Liquor Amendment (Temporary Licence Freeze) Act 2009 was introduced into the Legislative Assembly.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
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