If you need to make changes to a development application after consent Section 4.55 of the Environmental Planning and Assessment Act 1979 (As amended) allows modifications to be made to a consent, however, the development must be substantially the same development. These modifications are:
1. Minor Modifications – Section 4.55 (1)
2. Minor Modifications – Section 4.55 (1a)
3. Other Modifications – Section 4.55 (2)
More information can be found on the NSW Planning Portal website.
To modify a consent handed down by the Land and Environment Court, a section 4.56 application is required.
What is a minor modification?
A minor modification Section 4.55 (1) is a modification to a consent to correct a minor error, mis-description 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 A minor modification Section 4.55 (1a) is a modification involving a minimal environmental impact. These are used for minor amendments. There is no impact on privacy, height, overshadowing, etc, and notification may be required. These might be:
- Drainage design amendment
What is an “Other Modification”?
“Other modification” is a modification to a development which is substantially the same development but where environmental impact is possible. They generally require notification. Typical changes include:
- Floor levels
- Car parking generation
- Roof design
This type of application may (for example) be requested to modify:
- Approved plans;
- Conditions of consent; and/or
- The description of the consent
If the applicant cannot satisfy Council that the modifications proposed are substantially the same development as originally approved, a new development application will be required to be lodged with Council for assessment.
How do I prepare my Section 4.55 modification application?
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 paid.
Is it necessary to discuss the application with a Council Officer
If you are unclear on the correct type of Modification to apply for you can make an appointment to discuss this with a Duty Planner, prior to formally submitting an application to council. Applications will also be checked prior to lodgement to ensure the correct application has been selected and that all relevant information is supplied to enable Council to assess and determine the development application. Should the incorrect Modification type be submitted, the application will be returned to the applicant with advice on which type of Application is required. The Applicant can then resubmit an application to the correct Modification type as necessary.
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.