Modifying a Consent

Section 4.55 (formerly Section 96) of the Environmental Planning and Assessment Act 1979 provides for modifications to development consents where the modification is substantially the same as the approved development.

There are three different types of Section 4.55 applications:

  • Section 4.55(1) – Modifications involving minor errors, misdescription, or miscalculation - would be used, for example, to correct plan numbers, the description of a development or where Council has made an error in a condition of consent.
  • Section 4.55(1A) – Modifications involving minimal environmental impact - would be used for minor amendments including, alterations to internal design, minor changes to the external façade, roofline, window positions or building finishes, etc.
  • Section 4.55(2) – Other modifications - would be applied to developments where there is an amendment which requires further assessment in terms of car parking, servicing, environmental impacts, appearance etc.

If Council does not agree that the proposed modification would result in substantially the same development as originally approved, you must submit a new Development Application (DA).

It is recommended that you consult with the responsible officer, prior to submitting your application to ensure that the proposal may be considered as a modification and that you have all the relevant information to enable
assessment of the application. The fee prescribed by Council's Management Plan must be paid with an application to modify development consent.

How do I seek a review of Determination?

If you are unhappy with the determination of your Development Application (DA), you may request that Council review the determination under Section 8.3 (formerly Section 82A) of the Environmental Planning and Assessment Act 1979, provided that the proposal was not:

  • a complying development
  • a designated development
  • an integrated development
  • a Crown development

Reviews may make changes to developments which do not make the development substantially different from what was approved or refused. A review is appropriate where you want the determination in its totality reviewed.

It is important to remember that:

  • a request for a review must be completed within 6 months of the determination.
  • a request cannot be made after an appeal against the determination made to the Land and Environment Court has been disposed of by the Court.

As a consequence of its review Council may confirm or change the determination. The fee prescribed by Council's revenue policy must be paid in connection with a request for a review.

If I disagree with my Notice of Determination?

If you are unhappy with the determination of your Development Application (DA) you may contact us to clarify issues and discuss your options. Options available to you include:

A review of determination

A review cannot be made:

  1. 6 months after the date on which the application was taken to be determined, or
  2. after an appeal against the determination made to the Land and Environment Court has been disposed of by the Court.

An application to modify your consent

This may be appropriate if you disagree with particular conditions of consent or decide to amend certain aspects of the proposal.

An appeal to the Land and Environment Court

An appeal must be commenced within 6 months of the day on which you received your notice of determination. Before proceeding to a Court hearing, the Court may arrange a mediation conference if this is acceptable to both parties.