NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
43Approval body may request additional information from consent authority
Start here
Get a plain-English read of 43
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment Regulation 2021.
#### 43 Approval body may request additional information from consent authority
43 Approval body may request additional information from consent authority
> > (1) An approval body whose approval has been sought in relation to development may request additional information about the development from the consent authority.
>
> > (2) The approval body’s request must—
> >
> > > (a) be written, and
> >
> > > (b) specify a reasonable period within which the additional information must be given to the approval body.
>
> > (3) Immediately after receiving a request for additional information from an approval body, a consent authority must request the additional information from the applicant.
>
> > (4) The consent authority’s request must—
> >
> > > (a) be made through the NSW planning portal, and
> >
> > > (b) specify the period within which the additional information must be given to the approval body, and
> >
> > > (c) specify the number of days in the assessment period that have elapsed, and
> >
> > > (d) inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—
> > >
> > > > (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.
>
> > (5) Immediately after receiving the additional information from the applicant, the consent authority must give the information to the approval body.
>
> > (6) An applicant to whom a request is made may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.
>
> > (7) An 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—
> >
> > > (a) the period specified under subsection (2)(b), or
> >
> > > (b) a further period allowed by the approval body.
>
> > (8) The consent authority must notify the approval body as soon as practicable after the applicant notifies, or is taken to have notified, the consent authority that the applicant will not provide the additional information.
>
> > (9) In this section—
> >
> > additional information, in relation to a development application, means information the approval body considers necessary to properly consider the general terms of approval.