Environmental Planning and Assessment Regulation 2021
102Modification applications for residential apartment development consents
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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(4)–(7) (Repealed)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.