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 , Part 3, Division 4.