Section 4.55 (formerly Section 96) of the Environmental Planning and Assessment Act 1979 provides for modifications to development consents where the modification is substantially the same as the approved development.
There are three different types of Section 4.55 applications:
- Section 4.55(1) – Modifications involving minor errors, misdescription, or miscalculation - would be used, for example, to correct plan numbers, the description of a development or where Council has made an error in a condition of consent.
- Section 4.55(1A) – Modifications involving minimal environmental impact - would be used for minor amendments including, alterations to internal design, minor changes to the external façade, roofline, window positions or building finishes, etc.
- Section 4.55(2) – Other modifications - would be applied to developments where there is an amendment which requires further assessment in terms of car parking, servicing, environmental impacts, appearance etc.
If Council does not agree that the proposed modification would result in substantially the same development as originally approved, you must submit a new Development Application (DA).
The fee prescribed by Council's Management Plan must be paid with an application to modify development consent.
As of the 1 July 2021, all applications must be lodged via the NSW Planning Portal.