Modifications

• modifications involving minor error, misdescription or miscalculation or no environmental impact (s4.55(1) of the EP&A Act) 
• modifications involving minimal environmental impact (s4.55 (1A) of the EP&A Act)
• other modifications involving greater than minimal environmental impact (s4.55(2) of the EP&A Act).

Early consultation

Prior to lodging a modification application, the applicant must consult with the Department to confirm the appropriate modification pathway, identify the issues to be addressed, and the need for any community engagement. 

Prepare modification report or modification statement

A modification report must be submitted for modification applications under the s4.55(1A), s4.55(2) or 4.56 pathways. A streamlined modification statement is required for modification applications under the s4.55(1) pathway.

When preparing the modification report or the modification statement, the applicant must have regard to the State Significant Development Guidelines - Preparing a Modification Report (Appendix E). 

Modification Statement

A streamlined modification statement for s4.55(1) applications will outline the proposed changes and include justification on why the proposed modifications will not result in further environmental impacts. 

Modification report

A modification report for s4.55(1A), s4.55(2) or s4.56 modification applications will detail the nature of the proposed modification and provide an assessment of the likely environmental impacts, proportionate to the scale and complexity of the modification.  

Submit modification application 

Once complete, the applicant must submit the modification application and modification report or statement on the NSW Planning Portal.

If the modification application is not in the correct form or incomplete, the Department may reject the application within 7 days after receiving it, with reasons provided in writing to the applicant. The Department will also consider whether the application has been submitted under the appropriate modification pathway before proceeding.

Exhibit modification application

Once received, the Department will publish the modification application and modification report or statement on the NSW Planning Portal. The Department is required to exhibit modification applications involving greater than minimal environmental impact as well as applications to modify a consent granted by the Court. 

If the Department exhibits the modification application, the exhibition period will generally be for a minimum of 14 days. 

This allows the community an opportunity to review the modification report and make a submission on the merits of the proposed modification.

The Department will notify and advertise the public exhibition in accordance with the requirements in the EP&A Act and Environmental Planning and Assessment Regulation 2021.

During the exhibition period, anyone can make a written submission on the modification application.

People may also subscribe for updates on progress of the modification application.

Respond to submissions

If the modification report is exhibited, the Department will publish the submissions online and ask the applicant to prepare a submissions report to respond to the issues raised in submissions.

Amend a modification application 

The applicant for an SSD modification may, with the approval of the consent authority, amend the modification application at any time before it is determined.

Assess modification application

The Department will complete its assessment of the merits of the modifications in accordance with any relevant Government legislation, plans, policies and guidelines. If the modification report is exhibited, it will also consider issues raised in submissions and the applicant’s response.

The Department will summarise its assessment in a whole-of-government assessment report, including any recommended changes to the existing conditions of the SSD consent. 

Once complete, the Department will publish its assessment report and ask the consent authority to determine the application.

Determine modification application

The Independent Planning Commission is the consent authority for a modification application if it was the consent authority for the approved project, or if the applicant has disclosed a reportable political donation in connection with the modification application. 

The Minister for Planning is the consent authority for all other modification applications. 

Both the Minister and the Commission have delegated this role to officers in the Department in certain circumstances. More information is available on the Delegated decisions page. 

When determining a modification application, the consent authority must consider the matters referred to in section 4.15(1) of the EP&A Act but only to the extent that those matters are relevant to the proposed modification. The reasons given for granting the original development consent must also be considered but, again only to the extent that those reasons are relevant to the modification application. 

The consent authority may approve the modification application subject to conditions or refuse it.

After the determination, the Department will:

• publish the decision online on the NSW Planning Portal
• notify the applicant and anyone who made a submission (if the application was exhibited)
• give public notice of the reasons for the decision, including how community views were considered.

For s4.55(1) modifications, the consent authority has 14 days to determine the application from the date it is lodged. If the application is not determined within the timeframe, it cannot be refused, and any conditions imposed must reflect the modification sought.

Reviews and appeals

Under the EP&A Act, decisions on modification applications for SSD are subject to review and appeal rights.

Anyone may seek a judicial review of the decisions on a modification application  within 3 months of the public notice of the determination. The proceedings will be heard by a judge of the Land and Environment Court and will consider the legality or validity, not the merits of the decision.

For most modification applications (except section 4.55(1) modifications), applicants can:

• appeal to the Land and Environment Court against the merits of the decision within 6 months of the public notice of the determination
• seek a review of the merits of the decision if it was determined under delegation by department staff (excluding the Planning Secretary)
• appeal to the Land and Environment Court if the consent authority does not determine the application within 40 days of the application being lodged. Notwithstanding this appeal, the consent authority may still determine the application.