Modification of a Development Consent

If things change after you have Development Consent for a proposed development, you can seek an amendment to the Consent.

Modifications Applications are made under Section 96 of the Environmental Planning and Assessment Act 1979.

There are three types of Section 96 Amendments:

  • A Section 96(1) application is to correct a minor error, misdescription or miscalculation;
  • A Section 96(1A) application is one involving minimal environmental impact; and
  • A Section 96(2) application is for all other modifications

A Development Consent can only be modified if the Council is satisfied that the proposed development remains “substantially” the same development. This means making a comparison between the development as proposed under the Section 96 Application and the original Development Consent. 

If a Section 96(1A) Application is received and has environmental impacts that are not minimal, such as increased overshadowing and increased adverse privacy impacts then the application is not a Section 96(1A) Application but a Section 96(2) Application or a new Development Application may be required.

The applicant must provide evidence that if the modification were carried out, the development would be substantially the same as the application that was approved. It is recommended that you contact the Development Officer who dealt with the Development Application to discuss the modification prior to lodgement. A modification application must clearly show the changes to the development, both in the form of a statement outlining the changes and the impacts, and by showing the changes 'clouded or highlighted' on drawings.