102Modification applications for residential apartment development consents

#### 102 Modification applications for residential apartment development consents 102 Modification applications for residential apartment development consents > > (1) A modification application under the Act, section 4.55(2) or 4.56(1), where the original development application was required to be accompanied by a statement by a qualified designer under section 29, must be accompanied by— > > > > > (a) the additional fee specified in Schedule 4, and > > > > > (b) a statement by a qualified designer. > > > (2) The statement must— > > > > > (a) verify that the qualified designer designed, or directed the design of, the modification of the development, and > > > > > (b) verify if the qualified designer designed, or directed the design of, the development for which the original development consent was granted (the original development), and > > > > > (c) explain how the development addresses— > > > > > > > (i) the design principles for residential apartment development, and > > > > > > > (ii) the objectives in the Apartment Design Guide, and > > > > > (d) verify that the modification does not— > > > > > > > (i) diminish or detract from the design quality of the original development, or > > > > > > > (ii) compromise the design intent of the original development. > > > (3) If the modification application is accompanied by a BASIX certificate for a building, the design principles for residential apartment development do not need to be addressed to the extent to which they aim— > > > > > (a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of— > > > > > > > (i) the building, or > > > > > > > (ii) the land on which the building is located, or > > > > > (b) to improve the thermal performance of the development, or > > > > > (c) to quantify and report on the embodied emissions attributable to the development. > > > (4)–(7) (Repealed) > > > (8) The additional fee payable for a modification application that is referred to a design review panel for advice is specified in Schedule 4. > > > > Note— > > > > See [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 4 in relation to referrals of modification applications to design review panels. > > > (9) This section does not apply to a modification application for development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 7 applies. > > **s 102:** Am 2022 (520), Sch 2\[5\]; 2023 (662), Sch 1\[11\]–\[14\]; 2025 (634), Sch 1\[3\].