37Amendment of development application

#### 37 Amendment of development application 37 Amendment of development application > > (1) An applicant may, at any time before a development application is determined, apply to the consent authority for an amendment to the development application. > > > (2) The application must be made on the NSW planning portal. > > > (3) If the application relates to State significant development— > > > > > (a) the application must be in the approved form, and > > > > > (b) the applicant must have regard to the State Significant Development Guidelines in preparing the application. > > > (4) If the amendment relates to a BASIX certificate that accompanied the original development application only, the development application may instead be amended by submitting on the NSW planning portal— > > > > > (a) a new BASIX certificate to replace the current BASIX certificate for the original development application, or > > > > > (b) if a new document is required or a document that accompanied the original development application requires amendment—the new or amended document. > > > (5) If the amendment will result in the development differing materially from the description contained in the BASIX certificate that accompanied the original development application, the application must be accompanied by a new BASIX certificate that takes account of the amendment. > > > (6) If the amendment will result in a change to the development, the application must contain details of the change, including the name, number and date of any plans that have changed, to enable the consent authority to compare the development with the development originally proposed. > > > (7) A requirement to use the NSW planning portal under this section does not apply if the development application is subject to proceedings in the Court. > > **s 37:** Am 2022 (142), Sch 1\[1\].