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Environmental Planning and Assessment Regulation 2021
36Consent authority may request additional information from applicant
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#### 36 Consent authority may request additional information from applicant
36 Consent authority may request additional information from applicant
> > (1) A consent authority that receives a development application may request additional information about the development from the applicant.
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> > (2) A consent authority may not request additional information in relation to building work or subdivision work if the information is required to accompany an application for a construction certificate or subdivision works certificate.
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> > (3) A consent authority’s request must—
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> > > (a) be made through the NSW planning portal, and
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> > > (b) specify a reasonable period within which the additional information must be given to the consent authority, and
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> > > (c) specify the number of days in the assessment period that have elapsed, and
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> > > (d) inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—
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> > > > (i) the request, and
> > >
> > > > (ii) the day on which the applicant provides the additional information or notifies, or is taken to have notified, the consent authority that the information will not be provided.
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> > (4) The applicant may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.
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> > (5) The applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—
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> > > (a) the period specified under subsection (3)(b), or
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> > > (b) a further period allowed by the consent authority.
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> > (6) In this section—
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> > additional information, in relation to a development application, means information the consent authority considers necessary to properly consider the development application.
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> **s 36:** Am 2023 (350), Sch 1\[1\].