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Section 96 Modification of a Development Consent

 

​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 consent.


WHAT TYPES 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 modifications:

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:

  • Wrong plan numbers

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 modifications.
These are all other modifications where environmental impact is possible. They generally require notification. Typical changes include:

  • Windows
  • Floor levels
  • Heights
  • Car parking generation
  • Roof design


NEW CONSTRUCTION CERTIFICATE?


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 determined.


WHAT 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 [link].
  • 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 design).

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

LODGEMENT INFORMATION

Fees


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.

Further Information

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.