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4.55 if a modification application has been made to the consent authority under the Act, section 4.56 and has not been withdrawn.