New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 268ZL

268ZL Additional requirements for amendments other than minor amendments

(1) An authority that proposes to adopt a major amendment to a development plan--

(a) must give notice of the proposed amendment in accordance with the requirements of clause 268ZB for proposed development plans, and

(b) must not adopt the proposed amendment unless at least 60% of the total owners of the land subject to the development plan, and the owners of at least 60% of the total area of that land, have consented to the amendment.

(2) For the purposes of subclause (1)(b), a ballot is to be held in accordance with Division 3 and that Division applies in respect of the proposed amendment in the same way that it applies to a proposed development plan.

(3) An authority that proposes to adopt an amendment to a development plan that is not a major amendment or a minor amendment must--

(a) publish a notice that complies with subclause (4) on the NSW planning portal, and

(b) give a written notice complying with subclause (4) to any council in whose area the land is situated, and

(c) display, on or in the vicinity of the land to which the development plan applies, a notice complying with subclause (4) during the submission period specified in the notice, and

(d) make the proposed amendment publicly available, and

(e) before adopting the amendment, consider any submissions received within the submission period specified in a notice given under this subclause.

(4) The notice must specify the following--

(a) the place, date and time at which the proposed amendment is available for inspection or the address of a website where it may be found,

(b) the period (being not less than 28 days) during which submissions may be made to the authority about the proposed amendment,

(c) the name, contact phone number and email address of the authority.

(5) In this clause--

"major amendment" means an amendment to a development plan that is not a minor amendment and that--

(a) in the opinion of the Minister, if adopted, would require an amendment to be made to the subdivision order relating to the land to which the development plan applies, or

(b) amends provisions of the development plan that modify or disapply the provisions of Division 4 of Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 .

"minor amendment" means an amendment to a development plan that--

(a) corrects an error or misdescription, or

(b) consists of a minor realignment of the boundaries of lots in the proposed plan of subdivision that will not create additional lots or the opportunity for additional dwellings, or

(c) alters to a minor extent the location of roads or services to be provided, or

(d) varies the proportion of costs to be borne by one or more owners of the land by not more than 5% in any particular case.