38Determination of application for amendment of development application

38 Determination of application for amendment of development application

38 Determination of application for amendment of development application

(1) The consent authority may, through the NSW planning portal, approve or reject an application for an amendment to a development application submitted under section 37.

(2) If the consent authority approves the amendment, the development application is taken to be lodged on the day on which the applicant applied for the amendment if the consent authority—

(a) considers the amendment not to be minor, and

(b) notifies the applicant, through the NSW planning portal, that the later day applies.

(3) If the consent authority approves an amendment to a development application for integrated development or development requiring concurrence, the consent authority must, as soon as practicable after approving the amendment, give a copy of the amended development application to the approval body or concurrence authority through the NSW planning portal.

(4) 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 38: Am 2023 (350), Sch 1[2].