146Referral to design review panel for modification applications

#### 146 Referral to design review panel for modification applications 146 Referral to design review panel for modification applications > > (1) This section applies to a modification application for residential apartment development, other than State significant development. > > > (2) If the statement by the qualified designer required to accompany the modification application under the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 102(1) does not verify that the qualified designer designed, or directed the design of, the original development, the consent authority must refer the modification application to the relevant design review panel for advice before determining the modification application. > > > (3) The consent authority may also refer a modification application for residential apartment development to the relevant design review panel for advice before determining the modification application. > > > (4) The design review panel must advise whether the modification— > > > > > (a) diminishes or detracts from the design quality of the original development, or > > > > > (b) compromises the design intent of the original development. > > > (5) Subsection (2) does not apply if— > > > > > (a) a design review panel has not been constituted for the local government area in which the development will be carried out, or > > > > > (b) a competitive design process has been held. > > > (6) In this section— > > > > competitive design process means a design competition held in accordance with theDesign Competition Guidelines published by the Department in September 2023. > > > > relevant design review panel means the design review panel for the local government area in which the development will be carried out. > > **s 146:** Ins 2023 (664), Sch 1\[65\].