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ssd-guidelines-preparing-a-modification-report

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State significant

development
guidelines
– preparing a
modification report
Appendix E to the state significant
development guidelines
October 2022 dpie.nsw.gov.au
Find out more:
www.dpie.nsw.gov.au

Title: State significant development guidelines – preparing a modification report

Subtitle: Appendix E to the state significant development guidelines

First published: July 2021

© State of New South Wales through Department of Planning and Environment 2022. You may copy, distribute,
display, download and otherwise freely deal with this publication for any purpose, provided that you attribute the
Department of Planning and Environment as the owner. However, you must obtain permission if you wish to charge
others for access to the publication (other than at cost); include the publication in advertising or a product for
sale; modify the publication; or republish the publication on a website. You may freely link to the publication on a
departmental website.

Disclaimer:

The information contained in this publication is based on knowledge and understanding at the time of writing
(October 2022) and may not be accurate, current or complete. The State of New South Wales (including the NSW
Department of Planning and Environment), the author and the publisher take no responsibility, and will accept no
liability, for the accuracy, currency, reliability or correctness of any information included in the document (including
material provided by third parties). Readers should make their own inquiries and rely on their own advice when
making decisions related to material contained in this publication.

2 Appendix E to the state significant development guidelines – preparing a modification report


Contents
Preface4

Purpose of these guidelines 4

Application of these guidelines 4

1. Introduction5

1.1 Modifying an SSD consent 5

1.2 Purpose of a modification report 5

1.3 Assessing and determining a modification application 5

2. General requirements 6

2.1 Form 6

2.2 Structure and length  6

2.3 Presentation  6

2.4 GIS data specifications 7

2.5 General map requirements  7

2.6 Accessibility and navigation  7

3. The modification report 8

3.1 Introduction 8

3.2 Strategic context 8

3.3 Description of the modifications 8

3.4 Statutory context 8

3.5 Community engagement 9

3.6 Assessment of impacts 9

3.7 Justification of the modified project 9

4. Glossary 10

Appendix A – Recommended structure of a modification report 11

Appendix B – Modified project summary table 12

Endnotes13

3 Appendix E to the state significant development guidelines – preparing a modification report


Preface
Purpose of these guidelines
These guidelines provide a detailed explanation of the form and content requirements for modification reports as set
out by the Department of Planning and Environment (the Department).

They seek to ensure the modification reports submitted to the Department in support of a State significant
development (SSD) modification application are consistent and prepared to a high standard. They also seek to ensure
that all modification reports:
• are as succinct as possible and easy to understand
• clearly describe the proposed modifications
• reflect community views
• contain a technically robust assessment of the impacts of these modifications
• justify and evaluate the modified project as a whole, having regard to the economic, environmental and social
impacts of the modified project and the principles of ecologically sustainable development.

These guidelines set clear expectations for the preparation of all modification reports for SSD and will help to
promote robust public debate on the merits of modified projects.

Application of these guidelines


Under the Environmental Planning & Assessment Regulation 2021 (EP&A Regulation), the modification report
submitted to the Department in support of an SSD modification application must be prepared having regard to the
SSD Guidelines prepared by the Planning Secretary1.

These guidelines form part of the relevant SSD Guidelines, and applicants must have regard to the requirements in
these guidelines when they prepare a modification report for an SSD project.

4 Appendix E to the state significant development guidelines – preparing a modification report


1. Introduction
1.1 Modifying an SSD consent 1.2 Purpose of a modification
Under the Environmental Planning and Assessment Act report
1979 (EP&A Act)2, a consent authority may modify an
SSD consent provided the development to which the The purpose of a modification report is to assess
consent as modified relates is substantially the same as the economic, environmental and social impacts of a
the development for which the consent was originally modified project. It also helps the community, councils,
granted. government agencies and the consent authority to get a
better understanding of the proposed modifications and
Modifications may be necessary to change the design their impacts so they can make informed submissions (if
of the approved project or the conditions of the the report is exhibited) or decisions on the merits of the
development consent. modified project.

They will fall into one of the following three categories: 1.3 Assessing and determining
• modifications involving minor error, misdescription or
miscalculation
a modification application
• modifications involving minimal environmental As soon as it is received, the Department will publish the
impact modification report on the major projects website3 and
proceed to complete its assessment of the application.
• other modifications involving greater than minimal
environmental impact. The Department is required to exhibit an application
seeking to modify an SSD development consent under
To seek consent for modifications to an SSD consent, either section 4.55(2) or section 4.56(1) of the EP&A Act,
the applicant must submit an application to the for at least 14 days prior to completing its assessment
Department in the approved form on the major projects of the application. This is to give the community an
website along with a modification report. opportunity to read the modification report and make a
submission on the merits of the modified project.
Prior to preparing the application and modification If the modification report is exhibited, the Department
report, the applicant should discuss the modification will publish all the submissions it receives during
with the Department to identify the issues to be the exhibition on the major projects website and
addressed and the need for any community engagement. ask the applicant to respond to the issues raised in
submissions4. The applicant must document its response
The level of detail required in a modification report to submissions in a submissions report having regard
should reflect the category of modification. There should to the Department’s State Significant Development
be a proportionate level of detail for modifications Guidelines - Preparing a Submissions Report.
involving minor error, misdescription or miscalculation,
increasing for modifications involving minimal As soon as it is received, the Department will publish the
environmental impact and other modifications. submissions report on the major projects website and
complete its assessment of the modification application.
Prior to determining the modification application, the
consent authority is required to evaluate the merits of
the modified project, having regard to the economic,
environmental and social impacts of the modified
project and the principles of ecologically sustainable
development5.
After determining the modification application, the
consent authority is required to publish a notice setting
out the reasons for the decision and how community
views were taken into account during the making of the
decision6.

5 Appendix E to the state significant development guidelines – preparing a modification report


2. General requirements
The applicant should prepare the modification report to The Department has set indicative page limits for
a high standard and comply with the following general each section of the main report in Appendix A. These
requirements7. limits should only be used as a guide, as the primary
objective is to ensure the modification report provides a
2.1 Form justification and evaluation of the modified project as a
whole.
The modification report should be divided into two
parts8. 2.3 Presentation
The first part is made up of the main report. The The modification report should clearly describe the
main report describes the proposed modifications, proposed modifications, their likely impacts and how
summarises the findings of any community engagement they respond to known community views. This will
and the detailed assessment of the impacts of the enable informed submissions or decisions on the merits
modifications, and evaluates the modified project as a of the modifications.
whole, having regard to the economic, environmental
and social impacts of the modified project and the To ensure the modification report is prepared to a high
principles of ecologically sustainable development. standard, the applicant should:
The second part is made up of the appendices to the • ensure the modification report has a clear narrative,
main report. These should include: explaining why the proposed modifications are
necessary, through the findings of any community
• an updated project description, incorporating the
engagement and any detailed assessment of
proposed modifications
the potential impacts of the modifications to the
• a statutory compliance table justification and evaluation of the modified project as
• an updated table of the approved mitigation a whole
measures for the project (excluding any measures • structure the information in the modification report
that form part of the physical design and layout of in a clear and logical way, making it easy for readers
the project) to draw a clear link between the summary of the
• any supporting information, including any detailed findings of the detailed assessment in the main
community engagement or technical reports. report and the appendices of the modification report,
and between these findings and the justification and
evaluation of the modified project as a whole
The main report should contain an accurate summary of
the detailed reports in the appendices and use suitable • use objective analysis and provide reasons and
cross-referencing to reduce repetition between the two evidence to support any conclusions reached
parts of the modification report. • use plain English to explain complex information
simply
2.2 Structure and length • avoid using jargon
A recommended structure for a modification report is • use maps, photographs, interactive digital tools,
shown in Appendix A. If some sections are not relevant, figures, graphics and tables to improve the
the applicant should adjust the structure of the report presentation of information where possible
accordingly, taking into account the category of
modification. • ensure the visual presentation of material is
consistent with the text presentation of the same
While the length of the modification report will vary material and that both presentations are located
depending on the scale and nature of the matters close to one another
requiring detailed assessment, the main report should • ensure the modification report does not contain any
be as succinct as possible. false or misleading information9.

6 Appendix E to the state significant development guidelines – preparing a modification report


2.4 GIS data specifications 2.6 Accessibility and
The applicant must: navigation
• maintain appropriate geo-referenced file formats of The modification report must generally conform with
all the maps in the modification report the Web Content Accessibility Guidelines (WCAG) 2.0
• supply the relevant GIS data to the Department as Level AA and material relevant to creating accessible
polygon datasets in one of the following file formats: documents on the NSW Government’s website.

– shapefile In particular, the modification report must:


– file geodatabase or • be provided as accessible PDF files10 (commonly
– MapInfo TAB referred to as “tagged” PDF files)
• have a navigable table of contents
• use the following coordinate system details:
• present information in a linear and easy to follow
– Datum: GDA 1994 format
– Projection: GCS GDA 1994. • use headings (in Microsoft Word this means using
heading styles, e.g. Heading 1, Heading 2, Normal)
2.5 General map requirements • use captions for tables, pictures and figures
Maps presented in the modification report must build on • include a header row in any tables
a standard base map for the project and include: • provide alternate text descriptions for all images
• a north arrow (for maps in plan view) preferably under 100 characters, except for images
that are decorative
• a scale (or where a cross section is not to scale, an
indication of the elevation of key features and vertical • use text to convey information rather than, or in
exaggeration) addition to, images where possible
• a legend clearly indicating each line type that is not • use a contrast ratio of 3:1 for large text (18+ points or
labelled on the map 14+ points bold) and at least 4.5:1 for text and images
of text, unless the text is decorative or unimportant
• the source data of the base map (where applicable).
(use the Vision Australia colour contrast analyser to
check the contrast ratio of colour combinations)
• not rely on colour to convey information and instead
use text labels, patterns and symbols to supplement
colour.

7 Appendix E to the state significant development guidelines – preparing a modification report


3. The modification report
The modification report must contain the following
information however the level of detail should reflect the 3.3 Description of the
category of modification11.
modifications
3.1 Introduction This section must describe the proposed modifications
to the approved project using suitable maps, plans,
This section should set the context for the detailed figures and tables.
assessment of the modified project that follows later in
the report. and include: This description should include:
• the applicant’s details • a simple overview of the modifications, including a
• a short summary of the approved project, including a table comparing the modified project to the appr
map of the site in its regional setting oved project (see example in Appendix B)

• a simple description of the proposed modifications, • a detailed description of each of the modifications,
including: having regard to the relevant guidance in the
Department’s State Significant Development
– the background to the proposed modifications Guidelines – Preparing an Environmental Impact
– the reasons why the modifications are required Statement

– the findings of the analysis of feasible alternatives. • information on the conditions to be modified and the
reasons why

3.2 Strategic context • a discussion on how the development to which the


consent as modified relates is substantially the same
This section must describe the strategic context for the development as the development for which consent
proposed modifications. was originally granted
• a modification category and the reasons why.
In most cases, this will involve summarising the
description of the strategic context in the most recent
environmental impact statement (EIS), amendment A consolidated, detailed description of the modified
report or modification report for the project. project (i.e. an updated project description chapter
reflecting the modified project) must be included as an
However, if the strategic context has changed since appendix to the modification report.
the previous assessment of the project, these changes
should be described in detail in this section of the 3.4 Statutory context
modification report. The applicant should prepare
this detailed description having regard to the relevant This section must identify the relevant statutory
guidance in the Department’s State Significant requirements for assessing the modifications to the
Development Guidelines – Preparing an Environmental project, having regard to the relevant guidance in the
Impact Statement. Department’s State Significant Development Guidelines
– Preparing an Environmental Impact Statement.

The applicant should also include a detailed statutory


compliance table for the modified project as an
appendix to the modification report. This table should
identify all the relevant statutory requirements for the
modified project and indicate where they have been
addressed in the modification report.

8 Appendix E to the state significant development guidelines – preparing a modification report


3.5 Community engagement • the Department’s Cumulative Impact Assessment
Guidelines for State Significant Projects and Social
If community engagement was carried out for the Impact Assessment Guidelines for State Significant
modifications, this section must summarise: Projects

• the engagement that was carried out • the findings of any specialist studies or investigations
undertaken for the project
• the key issues raised during this engagement and
where they have been addressed in the modification • the findings of any community engagement
report undertaken for the project.

• any changes to the approved engagement that would Finally, the applicant must include an updated table
be carried out if the modifications are approved. of the proposed mitigation measures for the modified
project and any detailed technical reports as appendices
This summary should be prepared having regard to to the modification report.
the relevant guidance in the community engagement
section of the Department’s State Significant
Development Guidelines – Preparing an Environmental
3.7 Justification of the
Impact Statement as well as Undertaking Engagement
Guidelines for State Significant Projects.
modified project
This section must provide a justification and evaluation
Any detailed community engagement reports should be of the modified project as a whole, having regard to
included as an appendix to the modification report. the economic, environmental and social impacts of
the modified project and the principles of ecologically
3.6 Assessment of impacts sustainable development.

This section must provide a detailed summary of the It should integrate the findings of each section of the
findings of any further assessment of the impacts of modification report and weigh up the positive and
the proposed modifications, including details about the negative impacts of the modifications. It should also
impacts of the modifications and the impacts of the consider the interaction between these different findings
modified project. and whether the modified project will comply with any
relevant government legislation, plans, policies and
The summary should be prepared having regard to the guidelines.
relevant guidance in the Department’s State Significant
Development Guidelines – Preparing an Environmental This section of the modification report should be
Impact Statement. prepared having regard to the relevant guidance in the
Department’s State Significant Development Guidelines –
In preparing the summary in this section, the applicant Preparing an Environmental Impact Statement.
should consider
• any relevant

– strategic issues
– statutory requirements
– government plans, policies and guidelines
governing the assessment of key matters and
setting standards or performance measures for
evaluating the acceptability of any impacts of
the modified project (e.g. NSW Noise Policy for
Industry, Approved Methods for the Modelling and
Assessment of Air Pollutants, Water Sharing Plans
the Wind Energy Framework including the Visual
Assessment Bulletin)

9 Appendix E to the state significant development guidelines – preparing a modification report


4. Glossary
Term Meaning

Amendment A change in what the applicant is seeking approval for during the assessment process.
It requires changes to the project description in the EIS or modification report and
amendments to the associated infrastructure application or modification application.
Applications can only be amended with the agreement of the consent authority.

Amendment report A report prepared by the applicant to support amendments to an infrastructure


application or modification application (see the State Significant Infrastructure
Guidelines – Preparing an Amendment Report).

Applicant The applicant of an SSD project seeking consent for a DA or modification application.

Consent authority The consent authority for a DA or modification application. This will be the Independent
Planning Commission or the Minister.

Development A development application seeking consent for SSD under division 4.7 of the EP&A Act.
Application (DA)

Department Department of Planning and Environment.

Determination A decision by the consent authority of an SSD application to either grant consent to the
application subject to modifications or conditions or refuse consent to the application.

Environmental Impact An environmental impact statement prepared by or on behalf of the applicant to


statement (EIS) accompany an SSD DA (see the State Significant Development Guidelines – Preparing
an Environmental Impact Statement).

EP&A Act Environmental Planning and Assessment Act 1979.

EP&A Regulation Environmental Planning and Assessment Regulation 2021.

Major projects website www.planningportal.nsw.gov.au/major-projects

Matter An element of the environment that may be affected by an SSD (e.g. air, amenity,
biodiversity, economic, social).

Minister The Minister for Planning.

Mitigation Actions or measures to reduce the impacts of the project.

Modification Changing the scope or terms of an SSD development consent, including revoking or
varying a condition of consent. A modification requires consent under the EP&A Act.

Modification application An application seeking to modify an SSD development consent under section 4.55 or
section 4.56 of the EP&A Act.

Modification report A report prepared by the applicant to support a modification application.

Planning Secretary The Secretary of the Department.

Project Refers to State significant development (SSD).

State significant Development that is declared to be State significant development under section 4.36 of
development (SSD) the EP&A Act.

Submission A written response from an individual or organisation, which is submitted to the


Department during the public exhibition of an EIS, amendment report or modification
report for State significant development.

Submissions report A report prepared by the applicant to respond to the issues raised in submissions (see the State
Significant Development Guidelines – Preparing a Submissions Report).

10 Appendix E to the state significant development guidelines – preparing a modification report


Appendix A – Recommended structure of a modification report
Modification report

Section Indicative page limit*

Executive summary 3

1 Introduction 3

2 Strategic context (where required as part of original SSD application) 3

3 Description of modifications 10

4 Statutory context 3

5 Engagement 5

6 Assessment of impacts 1-10** per issue

7 Justification of modified project 5

8 References

Appendices

A Updated project description

B Updated mitigation measures table

C Supporting information, including any detailed engagement or technical reports

* Indicative page limits do not include maps, plans and figures.


** Limits apply to individual matter (for example, it may be possible to report the findings of a standard assessment in one page whereas a de-
tailed assessment may require ten pages). For an explanation of standard and detailed assessments, see Appendix D “Levels of assessment” in
the State Significant Development Guidelines – Preparing a Scoping Report.

11 Appendix E to the state significant development guidelines – preparing a modification report


Appendix B – Modified project summary table
Element Original project Modified project

Project area

Land clearance 33ha 50ha

Excavation depth 30m 25m

Native vegetation clearance 5ha 3ha

Physical layout and design

Building height 28m 31m

Gross floor area 202 000m2 250 000m2

Site access Site access from Water Road Site access from River Road

Parking spaces 50 45

Uses and activities

Land Use Industrial Industrial + commercial

Annual waste generated 90 000 tonnes per annum 100 000 tonnes per annum

Rate of production 50 000 tonnes per annum 60 000 tonnes per annum

Spoil exported 15 000 tonnes per annum 12 500 tonnes per annum

Related development

Seek approval following project Approval sought under modified


Energy generation facility
approval project

Road upgrade No upgrade proposed Road upgrade to River Road

Project sequencing

Construct Building A before Construct Building A and B at


Building B same time

12 Appendix E to the state significant development guidelines – preparing a modification report


Endnotes
1. See section 99(1) and (2) of the EP&A Regulation.
2. See sections 4.55 and 4.56 of the EP&A Act.
3. See section 59(6) of the EP&A Regulation.
4. See section 59 of the EP&A Regulation.
5. See sections 1.3 and 4.15 of the EP&A Act, in particular.
6. See clause 20 of schedule 1 of the EP&A Act.
7. Modification reports should address the general requirements only to
the extent relevant to the scope of the modification application. For
example, modifications under Section 4.55(1) of the Act to correct an error,
misdescription or miscalculation may not require new or updated mapping
or GIS data to describe the modified project.
8. Despite the division of the modification report into two parts, the
appendices form part of the modification report.
9. See section 10.6 of the EP&A Act.
10. An accessible PDF file provides hidden, structured, textual representation
of the PDF content that is presented to screen readers.
11. The information identified in this section may not fully apply to a
modification report for modifications involving minor error, misdescription
or miscalculation. The information provided in these modification reports
may be adjusted accordingly.

13 Appendix E to the state significant development guidelines – preparing a modification report


Planning and Environment

dpie.nsw.gov.au

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