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 is made under
Section 96 of the Environmental Planning and Assessment Act 1979 (the Act).
Section 96 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 AN
APPLICATION FOR A MODIFICATION BE MADE?
An application for
the modification of a development consent can only be made if a valid
development consent has been issued by Council. A development consent is only
valid for 5 years. A development consent remains valid once the approved
development has commenced in accordance with the conditions of a development
OF MODIFICATIONS ARE ALLOWED UNDER SECTION 96?
There are number of different types of
modifications allowed under Section 96 of the Act. Council’s application form
can be used to make an application for three of these types of
Section 96 (1) – Modifications
involving minor errors, misdescription, or miscalculation.
There would be no
change to the form of the development approved, and notification would not be
required. For example:
Section 96 (1a) –
Modifications involving minimal environmental impact.
These are used for
minor amendments. There is no impact on privacy, height, overshadowing, etc., and
notification is generally not required. These might be:
- Internal design changes
- Amended landscape plans
- Drainage design amendment
Section 96 (2) – Other
These are all other modifications where environmental impact
is possible. They generally require notification. Typical changes include:
- Floor levels
- Car parking generation
- Roof design
If you are seeking
Construction Certificate approval from Council based on the proposed
modifications, you will need to lodge a separate construction certificate
application form. This may be lodged concurrently with this application or at a
later date but cannot be processed until the modification application is
IS REQUIRED WHEN LODGING AN APPLICATION?
The following items need to be prepared
and submitted for all applications to modify development consent under Section
96 of the Act:
- A completed application form
- Owners consent
Consent from all the registered owners. If a
company owns the property, the form must be signed by an individual acting with
the Company’s Authority. If the building is subject to a strata scheme, consent
of the body corporate is required
- Amended plans
Seven (7) sets of plans (3 coloured) plus ten A4
set of plans, annotated to show changes (if amendments involve changes to the
Drawings must be to
scale - normally at 1:100 - and suitably numbered and dated.
- Supporting documentation
Details of the proposed
modification(s) and impact of changes
Fees will be determined by Council and
may be paid in cash, by cheque or with a credit card (MasterCard and VISA only).
You may also pay by credit card by mail or fax by using our Credit Card Payment
Authorisation form. If you wish to know the fee prior to lodgement, contact
Council’s Customer Service Centre on 9911 3555.
If you require
further information on lodging an application, Council may be contacted on 9911
3555 between 8.30am and 4.30pm, Monday to Friday. Alternatively, we encourage
you to visit our Customer Service Centre and discuss your proposal with
Council’s Duty Planner between 9am and 11am.