Prepare your modification application
- All section 4.55 applications must be accompanied by one (1) set of plans Statement of Environmental Effects (SEE) which clearly addresses the proposed modifications with respect to relevant Council policies and Section 4.55 of the Environmental Planning and Assessment Act 1979. The SEE shall include details of the proposed changes accompanied by a set of proposed and approved plans, with the proposed changes being highlighted for ease of comparison. The SEE must address the relevant Section 4.55 provisions and demonstrate that the development to which the consent as modified relates is substantially the same development for which the consent was originally granted and before that consent as originally granted was modified (if at all).
- Site Survey Plan (if required)
- Applicants may choose to submit an application for a construction certificate with the Section 4.55 application. Should this be the case, the following additional information is required: • Details and specifications for building works;
- A section 4.55 modification application seeking an amendment to a BAL rating condition must be accompanied by a new bushfire assessment report prepared by an accredited bushfire consultant.
Lodge your modification application
All modifications must be made through the NSW Planning Portal and relevant fees
Is it necessary to discuss the application with a Council Officer
Yes, it is recommended that applicants consult with the Town Planning and / or Building Surveyor Customer Service Officer, prior to formally submitting an application to council. Applications will be checked prior to lodgement to ensure all relevant information is supplied to enable Council to assess and determine the development application. Council does not provide pre-lodgement meetings for Section 4.55 applications.
Will my neighbour be advised of the application?
If a Section 4.55 modification is minor Council will determine if neighbour notification is required. For all other modifications, Council will notify adjoining property owners and allow a minimum 14 day period for submissions to be received. Accordingly, it is advised prior to lodgement of the section 4.55 modification to Council that you discuss your proposal with your neighbours and therefore avoid delay in the processing of the application at a later date.