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ARTICLE · 22 JULY 2021

Applicants given power to amend modification applications to development consents in NSW

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These recent amendments expressly allow applicants to amend modification applications lodged but not yet determined.

AustraliaReal Estate and Construction
Laura Raffaele
Laura Raffaele
Dennis Loether
Dennis Loether
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The NSW Government has amended the Environmental Planning & Assessment Regulations 2000 (Regulations), making it expressly clear that amendments to modification applications to development consents can be made at any time before a final decision is made.

The amendment came into effect on 14 July 2021.

This amendment arises following the recent NSW Court of Appeal decision of ACQ Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 (Dartbrook).

Background

In Dartbrook, Preston CJ, Chief Judge of the Land and Environment Court, found that there is no power, express or implied, for an applicant to amend a modification application lodged but not yet determined.

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