113Amendment of modification application

#### 113 Amendment of modification application 113 Amendment of modification application > > (1) An applicant may, at any time before a modification application is determined, apply to the consent authority for an amendment to the modification application. > > > (2) The application must be made on the NSW planning portal. > > > (3) If the amendment will result in a change to the proposed modification, the application must contain details of the change, including the name, number and date of any plans that have changed, to enable the consent authority to compare the development with the modification originally proposed. > > > (4) The consent authority may, through the NSW planning portal, approve or reject the application. > > > (5) If the consent authority approves the amendment, the modification application is taken to be lodged on the day on which the applicant applied for the amendment if the consent authority— > > > > > (a) considers the amendment not to be minor, and > > > > > (b) notifies the applicant, through the NSW planning portal, that the later day applies. > > > (6) A requirement to use the NSW planning portal under this section does not apply if the modification application is subject to proceedings in the Court. > > **s 113:** Am 2022 (142), Sch 1\[4\]; 2023 (350), Sch 1\[2\].