98Modification applications for development

98 Modification applications for development

98 Modification applications for development

(1) A modification application may be made by—

(a) the owner of the land to which the modification application relates, or

(b) another person, with the consent of the owner of the land.

(2) The consent of the owner is not required if the original development application was made, or could have been made, without the consent of the owner.

(3) The consent of the owner of the land is not required for a modification application made by a public authority, or a modification application for public notification development, if the applicant complies with subsections (4) and (5).

(4) The applicant must give notice of the modification application—

(a) to the owner of the land before the modification application is made, or

(b) by publishing, no later than 14 days after the modification application is made. a notice in a newspaper circulating in the area in which the development will be carried out.

(5) If the applicant gives notice under subsection (4)(b), the applicant must also, no later than 14 days after the application is made—

(a) if the applicant is a public authority—publish the notice on the public authority’s website, or

(b) for public notification development—arrange for the consent authority to publish the notice on the NSW planning portal.

(6) A modification application relating to land owned by a Local Aboriginal Land Council may be made only with the consent of the New South Wales Aboriginal Land Council.

(7) A development consent may not be modified by the Court under the Act, section 4.55 if a modification application has been made to the consent authority under the Act, section 4.56 and has not been withdrawn.