235Additional requirements for certain amendments

#### 235 Additional requirements for certain amendments 235 Additional requirements for certain amendments > > (1) A relevant authority that proposes to adopt a major amendment to a development plan— > > > > > (a) must give notice of the proposed amendment in accordance with the requirements of section 226 for proposed development plans, and > > > > > (b) must not adopt the proposed amendment unless at least 60% of the total owners of the land subject to the development plan, and the owners of at least 60% of the total area of that land, have consented to the amendment. > > > (2) For the purposes of subsection (1)(b), a ballot must be held in accordance with Division 3. > > > (3) Division 3 applies to the proposed amendment in the same way as it applies to a proposed development plan. > > > (4) A relevant authority that proposes to adopt an amendment to a development plan that is not a major amendment or a minor amendment must— > > > > > (a) publish a notice on the NSW planning portal that specifies the following— > > > > > > > (i) the website on which the proposed amendment is published, > > > > > > > (ii) the period of at least 28 days during which submissions may be made to the relevant authority about the proposed amendment, > > > > > > > (iii) the name, telephone number and email address of the relevant authority, and > > > > > (b) give the notice to each council in whose area the land is located, and > > > > > (c) display, during the submission period, the notice on or near the land to which the development plan applies, and > > > > > (d) make the proposed amendment publicly available. > > > (5) Before adopting an amendment, the relevant authority must consider any submissions received during the submission period. > > > (6) In this section— > > > > major amendment means an amendment to a development plan that is not a minor amendment and that— > > > > > (a) if adopted, would, in the Minister’s opinion, require an amendment to be made to the subdivision order relating to the land to which the development plan applies, or > > > > > (b) amends provisions of the development plan that modify or disapply the provisions of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022), Part 3, Division 4. > > > > minor amendment means an amendment to a development plan that— > > > > > (a) corrects an error or misdescription, or > > > > > (b) consists of a minor realignment of the boundaries of lots in the proposed plan of subdivision that will not create additional lots or the opportunity for additional dwellings, or > > > > > (c) alters to a minor extent the location of roads or services to be provided, or > > > > > (d) varies the proportion of costs to be paid by 1 or more owners of the land by no more than 5% in a particular case.