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\[2\].