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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 September 2017 to date (accessed 25 September 2017 at 10:49)
Part 6 Division 8 Clause 97
97   Modification or surrender of development consent or existing use right
(cf clause 68 of EP&A Regulation 1994)
(1)  A notice of modification or surrender of a development consent or existing use right, as referred to in section 80A (5) of the Act, must include the following information:
(a)  the name and address of the person by whom the notice is given,
(b)  the address, and formal particulars of title, of the land to which the consent or right relates,
(c)  a description of the development consent or existing use right to be modified or surrendered,
(d)  particulars as to whether the consent or right is to be modified (including details of the modification) or surrendered,
(e)  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 modification or surrender of the consent or right.
(2)  A duly signed and delivered notice of modification or surrender of a development consent or existing use right referred to in subclause (1):
(a)  takes effect when it is received by the consent authority, and
(b)  operates, according to its terms, to modify or surrender the development consent or existing use right to which it relates.
(3)  A notice of voluntary surrender of a development consent, as referred to in section 104A of the Act, is to be given to the consent authority and is to include the following information:
(a)  the name and address of the person by whom the notice is given,
(b)  the address, and formal particulars of title, of the land to which the consent relates,
(c)  a description of the development consent to be surrendered,
(d)  if the person giving the notice 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 surrender of the consent,
(e)  if development has commenced to be carried out in accordance with the consent—a statement setting out the circumstances that indicate:
(i)  that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and
(ii)  that the surrender will not have an adverse impact on any third party or the locality.
(4)  A duly signed and delivered notice of surrender of a development consent referred to in subclause (3):
(a)  takes effect when the consent authority notifies the person that:
(i)  it is satisfied that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and
(ii)  that the surrender will not have an adverse impact on any third party or the locality, and
(b)  operates, according to its terms, to surrender the consent to which it relates.