Modification of Consents - Section 96

Section 96 of the Environmental Planning and Assessment Act 1979 provides for modifications to development consents where it is demonstrated that the modification is substantially the same as the approved development.

There are three different types of Section 96 applications:

96(1) – Modifications involving minor errors, misdescription, or miscalculation

A 96(1) 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 96(1A) – Modifications involving minimal environmental impact

A 96(1A) 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 96(2) – Other modifications

A 96(2) 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).

It is recommended that you consult with the responsible officer, prior to submitting your application to ensure that the proposal may be considered as a modification and that you have all the relevant information to enable assessment of the application. The fee prescribed by Council’s Management Plan must be paid with an application to modify a development consent.

Determination of modifications

A modification to an application will be determined by the authority that determined the original consent. For example, where Council granted the original consent, the modification application will be determined by Council and where the Joint Regional Planning Panel (JRPP) determined the original DA, the JRPP will determine the modification.