Modify an Approval
If you wish to change a condition of your consent or amend details of your approved plans, you will need to lodge Form 10 - Modification of Development Consent. As it is unlawful to undertake works that are different to your development consent, it is important that you have any changes approved.
Below is useful information about modifying an approval.
The modified development must be substantially the same as the development that was originally approved. If the modified development varies too much from the approved development, a new Development Application must be lodged with us. You are encouraged to contact Council staff, preferably the assessment officer of the original application, to discuss your proposed modification prior to lodgement.
The onus is on you to demonstrate that the modified development will be substantially the same as that originally approved.
There are three types of modifications permitted under the Environmental Planning and Assessment Act 1979.
- 4.55(1) Modifications involving minor error, misdescription or miscalculation
- There is an error on an approved plan and/or condition of consent and the error is minor or trivial (e.g. incorrect calculation or wording). The form of the development will not change and therefore the impacts of the development do not need to be re-assessed. On this basis, notification is generally not required.
- 4.55(1A) Modifications involving minimal environmental impact
- The modified development will be substantially the same as that originally approved and will have minimal impact on the amenity of surrounding properties and the environment. This type of modification could consist of internal/external design changes or a change to hours of operation. Depending on the extent of the modification, notification may be required.
- 4.55(2) Other modifications
- Impacts resulting from changes may impact on surrounding properties and the environment and therefore, more detailed assessment is required. This type of modification could consist of increasing the height of a building or increasing the number of traffic movements. Due to the potential impacts, notification will be undertaken.
Once you have confirmed that the proposed change/s fits into one of the above modification types, you can lodge Form 10 Modification of Development Consent. Your application must be accompanied by plans and details of the proposed changes and, if necessary, a statement justifying that the modified development will be substantially the same as that originally approved.
The fee for a modification is dependent on the type of modification you are undertaking. The fees are set out in Council’s Fees and Charges located below.
