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\[3\] \[4\].