Environmental Planning and Assessment Regulation 2000
Historical version for 26 April 2002 to 1 July 2002 (accessed 7 August 2020 at 20:02) Current version
Part 6 Division 12
Division 12 Development consents—extension, completion and modification
114   What is the form for an application for extension of a development consent?
(cf clause 71 of EP&A Regulation 1994)
An application under section 95A of the Act for the extension of time to commence development:
(a)  must be in writing, and
(b)  must identify the development consent to which it relates, and
(c)  must indicate why the consent authority should extend the time.
115   What are the requirements for an application for modification of a development consent?
(cf clause 71A of EP&A Regulation 1994)
(1)  An application for modification of a development consent under section 96 (1), (1A) or (2) of the Act must contain the following information:
(a)  the name and address of the applicant,
(b)  a description of the development to be carried out under the consent (as previously modified),
(c)  the address, and formal particulars of title, of the land on which the development is to be carried out,
(d)  a description of the proposed modification to the development consent,
(e)  a statement that indicates either:
(i)  that the modification is merely intended to correct a minor error, misdescription or miscalculation, or
(ii)  that the modification is intended to have some other effect, as specified in the statement,
(f)  a description of the expected impacts of the modification,
(g)  an undertaking to the effect that the development (as to be modified) will remain substantially the same as the development that was originally approved,
(h)  if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application,
and, if the consent authority so requires, must be in the form approved by that authority.
(2)  The application must be accompanied by the fee prescribed by clause 258.
116   Applications for modification of development consents granted by the Land and Environment Court or the Minister
(cf clause 72 of EP&A Regulation 1994)
(1)  The object of this clause is to vary the requirements of the Act in relation to the modification of development consents granted by the Land and Environment Court or by the Minister.
(2)  For the purposes of section 96 (1), (1A) and (2) of the Act, the Court is taken to be the consent authority for a development consent that, by virtue of section 83 (4) of the Act, is taken to have been granted as referred to in that subsection.
(3)  A copy of an application for the modification of such a development consent is not to be lodged with the Court, but with the consent authority that dealt with the original development application from which that consent arose.
(4)  A copy of the application for modification of a development consent granted by the Minister under section 80 (7) of the Act is to be lodged with the council.
117   Public participation—application under section 96 (1A) for modification of development consents
(1)  This clause applies to an application under section 96 (1A) of the Act.
(2)  If an application to which this clause applies is required by a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the consent authority to which the original development application was made.
(3)  A consent authority referred to in subclause (2) must notify the Court of:
(a)  the manner in which the application was notified or advertised, and
(b)  any submission period required by the development control plan, and
(c)  the date (or dates) on which the application was notified or advertised.
(4)  If a development control plan provides for a period for notification or advertising of an application, any person during that period may inspect the application and any accompanying information and make extracts from or copies of them.
118   Public participation—application under section 96 (2) of the Act for modification of certain development consents
(cf clause 72A of EP&A Regulation 1994)
(1)  This clause applies to an application under section 96 (2) of the Act to modify a development consent if the original development application for the consent was an application to carry out any of the following:
(a)  designated development,
(b)  State significant advertised development,
(c)  any other advertised development where the application was made to a consent authority other than a council.
(2)  Notice of the application must be published in a local newspaper by the relevant consent authority, that is:
(a)  by the consent authority that granted the development consent, or
(b)  by the consent authority to which the original development application was made, if development consent was granted by the Court on appeal.
(3)  The relevant consent authority must also cause notice of the application to be given to each person who made a submission in relation to the original development application.
(4)  A consent authority referred to in subclause (2) (b) must notify the Court of the date on which notice of the application is published under subclause (2).
(5)  The notice published under subclause (2) must contain the following information:
(a)  a brief description of the development consent, the land to which it relates and the details of the modification sought,
(b)  a statement that written submissions concerning the proposed modification may be made to the consent authority that publishes the notice within the period specified in accordance with paragraph (c),
(c)  the period during which the application may be inspected at the principal office of the consent authority that publishes the notice,
(d)  a statement that, if the application is approved, there is no right of appeal to the Court by an objector.
(6)  For the purposes of section 96 (2) (d) of the Act, the period referred to in subclause (4) (c) must be a period of at least 14 days commencing on the day after which notice of the application for modification is first published in a local newspaper.
(7)  During the period referred to in subclause (4) (c), any person may inspect the application and any accompanying information and make extracts from or copies of them.
119   Public participation—application under section 96 (2) for modification of other development consents
(1)  This clause applies to an application under section 96 (2) of the Act to which clause 118 does not apply.
(2)  An application to which this clause applies must be notified or advertised for a period not exceeding 14 days but otherwise in the same manner as the original development application was notified or advertised.
(3)  However, if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application (or has provided that such an application is not required to be notified or advertised), the application is to be notified or advertised in accordance with the development control plan.
(4)  If an application to which this clause applies is required by this clause or a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the council to which the original development application was made.
(5)  A council referred to in subclause (4) must notify the Court of:
(a)  the manner in which the application was notified or advertised, and
(b)  any submission period required by the development control plan, and
(c)  the date (or dates) on which the application was notified or advertised.
(6)  During the period referred to in subclause (2) or, if a development control plan provides for a period for notification or advertising of an application, during that period, any person may inspect the application and any accompanying information and make extracts from or copies of them.
120   Notification of concurrence authorities and approval bodies
As soon as practicable after receiving an application for the modification of a development consent, a consent authority must cause a copy of the application to be given to each concurrence authority and approval body for the development to which the application relates.
121   Applications for modifications of development consents to be kept available for public inspection
(cf clause 73 of EP&A Regulation 1994)
(1)  An application for the modification of a development consent must be made available for inspection by the consent authority that published the notice of the application.
(2)  The application:
(a)  must be available at the consent authority’s principal office, free of charge, during the consent authority’s ordinary office hours, and
(b)  must be available for the period specified in the notice referred to in subclause (1).
122   Notice of determination of application to modify development consent
(cf clause 73A of EP&A Regulation 1994)
(1)  Notice in writing of the determination of an application for the modification of a development consent must be given to the applicant as soon as practicable after the determination is made.
(2)  If the determination is made subject to conditions or by refusing the application, the notice:
(a)  must indicate the consent authority’s reasons for the imposition of the conditions or the refusal, and
(b)  must state that the Act gives a right of appeal against the determination, unless:
(i)  the development is State significant development that has been determined following a public inquiry under section 119 of the Act, or
(ii)  the development consent was granted by the Court.
123   Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
(cf clause 73B of EP&A Regulation 1994)
(1)  For the purposes of section 96A (3) (a) (ii) of the Act, the Director-General of the Department of Fair Trading is a prescribed person if the proposed revocation or modification affects:
(a)  the transfer, alteration, repair or extension of water service pipes, or
(b)  the carrying out of sanitary plumbing work, sanitary drainage work or stormwater drainage work.
(2)  The notification of the proposed revocation or modification of a consent or a complying development certificate must include the reasons for the proposed revocation or modification.