You may apply to modify your development consent or construction certificate provided that the proposed development as modified is still substantially the same development. Section 4.55 of the Environmental Planning and Assessment Act 1979 stipulates the requirements for modification of consents and Part 3, Division 2, Section 24 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulations 2021 stipulates that requirements for the modification of a construction certificate.
If the proposed modification does not meet the requirements of Section 4.55, you may need to lodge a new development application.
Submit your application
A range of plans and documents supporting your proposal must be submitted with your application. The specific plans and documents required are outline in the Modification Checklist, which must be submitted with your application on the Planning Portal.
Application to Modify Development Consent - Description of Works & Checklist 279.4 KB Download
Once you have all the required documentation, you're ready to lodge your Modification Application. You'll need to upload electronic versions of the required documentation in order to complete your application on the Planning Portal. You can find more information about lodging applications via the Planning Portal on our Applying for Development webpage.
Identifying your modification type
In order to submit this application, you need to identify what the type of modification your proposal is.
Section 4.55 (1) is used to correct minor, non-substantive errors in a development consent or its supporting documents. Examples include typographical errors, clerical omissions, or small numerical discrepancies.
A Section 4.55 (1) modification does not change the design, intent, or impacts of the approved development. It simply ensures the consent accurately reflects what was originally approved and is a straightforward process focused on clarity and consistency in the documentation.
https://www.legislation.nsw.gov.au/#/view/act/1979/203/part4/div4.9/sec4.55
A Section 4.55 (1A) application is used for minor changes that do not substantially change the approved development or increase its environmental impacts. These changes are generally small design refinements that remain consistent with the original approval.
Common examples include relocating doors or windows, adjusting internal layouts, or making minor changes to materials or finishes. Although minor, these changes must still be assessed to ensure a more significant modification or new approval is not required.
This option provides flexibility during construction or documentation while maintaining the intent of the original development consent.
https://www.legislation.nsw.gov.au/#/view/act/1979/203/part4/div4.9/sec4.55
A Section 4.55 (2) application is used for more substantial changes to an approved development that exceed minor or incidental adjustments, but do not result in a fundamentally different development.
This may include significant design changes, alterations to building layout, or functional modifications to address evolving project requirements. While the development must remain substantially the same as originally approved, these applications require a more detailed assessment and clear planning justification. Depending on the nature of the changes, notification to neighbouring properties or wider community consultation may also be required.
https://www.legislation.nsw.gov.au/#/view/act/1979/203/part4/div4.9/sec4.55
A Section 4.56 modification applies where the original development consent was granted by the Land and Environment Court on appeal. Under this provision, a consent authority (such as Council) can consider an application to modify that Court-granted consent, provided the proposed changes remain consistent with the development that was originally approved by the Court and comply with the relevant regulations.
Like other modification pathways, a Section 4.56 application must be supported by adequate justification and will generally be assessed in a similar way to a Section 4.55 application, including any requirements for public notification or consultation as specified in the regulations.
https://legislation.nsw.gov.au/view/html/inforce/current/act-1979-203#sec.4.56
For advice on what to submit or what type of modification your proposal is classified as, contact Council Customer Service on (02) 6926 9100, Monday-Friday, 8:30am-1pm, and ask to speak to a Duty Officer.
Fees and charges
The type of modification application will dictate the fee that is required to be paid.
Lodgement fees will be calculated by Council staff and provided to you in writing after we've received your Modification Application.
Your Modification Application will not be determined until all outstanding fees have been paid.
Other types of consent modification and withdrawal
Modify an application prior to determination
As per Section 37 of the Environmental Planning and Assessment Regulation 2021, an applicant may, at any time before a development application is determined, apply to the consent authority for an amendment to the development application.
Modify an Application prior to Determination Form 189.1 KB Download
Withdrawal of application for consent
As per Section 40 of the Environmental Planning and Assessment Regulation 2021, an applicant may, through the NSW planning portal, withdraw a development application at any time before the application is determined.
Notice of Withdrawal of Application Form 150.3 KB Download
Surrender or voluntary surrender of consent
A development consent may be surrendered under Section 4.17 (5) or Section 4.63 of the Environmental Planning and Assessment Act 1979.