Modification of a Development Consent
Overview
After a development consent has been issued, the original applicant or anyone entitled to act on the applicants behalf can apply to Council for approval to modify that development consent.
An application to modify a development consent can be made under Section 4.55 of the Environmental Planning and Assessment Act 1979 (the Act). Section 4.55 refers to the part of the Act that allows a development consent to be modified, as long as the development is substantially the same.
If Council does not agree that the proposed modifications would result in substantially the same development as was originally approved, a new development application will need to be submitted for assessment.
When can a modification application be made?
An application for the modification of a valid development consent can only be made if it has been issued by Council. A development consent is only valid for 5 years.
How can a modification application be made?
All Section 4.55 Modification Applications are required to be lodged via the NSW Planning Portal. They can be lodged via the NSW Planning Portal accompanied by a completed checklist and the relevant documentation. The Checklists (small scale or major) are available underDevelopment Forms. For more information seeOnline DA Lodgement.