118Notice of determination of application to modify development consent

118 Notice of determination of application to modify development consent

118 Notice of determination of application to modify development consent

(1) Notice of the determination of a modification application must be given to the applicant, through the NSW planning portal, as soon as practicable after the determination.

(2) Notice of the determination of an application to grant a modification of a development consent must—

(a) contain a copy of relevant plans or documents endorsed by the consent authority, and

(b) be given in the approved form if the consent authority is—

(i) a council, or

(ii) a council exercising consent authority functions of a Sydney district or regional planning panel on behalf of the panel under the Act, section 4.7, or

(iii) a local planning panel or an officer or employee exercising functions on behalf of a council under the Act, section 4.8.

(2A) Subsection (2)(b) does not apply to a notice for—

(a) State significant development, or

(b) Crown development.

(3) If the determination is made subject to a condition or by refusing the application, the notice must—

(a) indicate the consent authority’s reasons for the imposition of the condition or the refusal, and

(b) specify any right the applicant has to request a review or to appeal against the determination under the Act, Part 8.

(4) If a modification application applies to land owned by a Local Aboriginal Land Council, a notice of the determination must also be given to the New South Wales Aboriginal Land Council.

(5) A consent authority that grants an application for modification of a development consent must give a modified development consent to the applicant that complies with any requirements specified by the Planning Secretary in relation to the form and content of modified development consents.

s 118: Am 2022 (530), Sch 1[3] [4].