Environmental Planning and Assessment Regulation 2000
Historical version for 10 December 2008 to 26 February 2009 (accessed 3 June 2020 at 14:23) Current version
Part 6 Division 12 Clause 115
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) or 96AA (1) 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 (except where the application for the consent the subject of the modification was made, or could have been made, without the consent of the owner),
(i)  a statement as to whether the application is being made to the Court (under section 96) or to the consent authority (under section 96AA),
and, if the consent authority so requires, must be in the form approved by that authority.
(1A)  In addition, an application for the modification of a development consent under section 96 (2) or 96AA (1) of the Act, if it relates to residential flat development for which the development application was required to be accompanied by a design verification from a qualified designer under clause 50 (1A), must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies that:
(a)  he or she designed, or directed the design, of the modification of the residential flat development, and
(b)  the residential flat development, as modified, achieves the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, and
(c)  the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted.
(1AA)  If an application referred to in subclause (1A) is also accompanied by a BASIX certificate with respect to any building, the design quality principles referred to in that subclause need not be verified to the extent to which they aim:
(a)  to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of the building or in the use of the land on which the building is situated, or
(b)  to improve the thermal performance of the building.
(1B)  The consent authority may refer the proposed modification to the relevant design review panel.
(1C)  An application for the modification of a development consent under section 96 (1A) or (2) of the Act, if it relates to development for which the development application was required to be accompanied by a BASIX certificate or BASIX certificates, or if it relates to BASIX optional development in relation to which a person has made a development application that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule 1 for it to be so accompanied), must also be accompanied by the appropriate BASIX certificate or BASIX certificates.
(1D)  The appropriate BASIX certificate for the purposes of subclause (1C) is:
(a)  if the current BASIX certificate remains consistent with the proposed development, the current BASIX certificate, and
(b)  if the current BASIX certificate is no longer consistent with the proposed development, a new BASIX certificate to replace the current BASIX certificate.
(2)  The application must be accompanied by the fee prescribed by clause 258.
(3)  A development consent may not be modified by the Land and Environment Court under section 96 of the Act if an application for modification of the consent has been made to the consent authority under section 96AA of the Act and has not been withdrawn.