Step 10 – What if I make Changes (after DA approval)?
You must consult with Council or your certifier PRIOR to any physical changes being made to your approval. There are penalties applicable for altering approved development without consent. It is important to note that if you propose any changes before and during the construction stage that these must be approved before the modifications are made on site. This is irrespective of whether or not the changes would provide a better design outcome.
If you decide to alter part of your development you will however require a further approval from Council under Section 4.55 of the Environmental Planning and Assessment Act 1979 (Section 4.46 for development approved by the Land and Environment Court). The process is similar to that associated with a development application and requires the lodgement of a formal application and documentation relating to any proposed changes. The opportunity for modification under Section 4.55 or 4.56 is limited to changes that would result in a development that following the modification would result in substantially the same development as was originally approved.
If Council is not satisfied that the modifications applied for will result in substantially the same development as was originally approved, a new development application will need to be submitted to Council for assessment. The modification process does not enable new components to be added to your original proposal. For example, if you have an existing approval for a dwelling house and decide that you would like to include a new shed the new shed would need to be subject of either a new Development Application or Complying Development Application. It is unable to be approved as a modification to your dwelling house approval.
Contact Council’s Duty Officer on 02 4560 4444 or via email: firstname.lastname@example.org
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