Modification of Consents
Modifications to Development Applications
Modifications are generally considered by Council under 4 Modification types as detailed within Section 96 of the Environmental Planning & Assessment Act 1979 as amended. The Modification type is determined by the likely impact of the works or amendments proposed.
As a basic guide these 4 types of Modifications are outlined below:
Modification type |
What is it? |
When & how does it apply? |
Section 96 (1) |
Modifications involving minor error, misdescription or miscalculation made by Council. Examples of this may include:
|
Contact the Planning and Enquiries Counter/Duty Planners on 9942 2111 or come in to discuss the proposed changes to make sure that the proposed modification falls into this category. It should be noted that the application of Section 96 (1) of the Act (Modification) can only be used where a genuine error, misdescription or miscalculation has been demonstrated by the applicant. Fees Apply - see Councils fees and charges. |
Section 96 (1a) |
Modifications involving minimal environmental impact. Examples of this may include:
In addition this type of modification can be used to request the modification or deletion of conditions of consent.
|
Contact the Planning and Enquiries Counter/Duty Planners on 9942 2111 or come in to discuss the proposed changes to make sure that the proposed modification falls into this category. It should be noted that Council can only modify the consent if in the opinion of Council the proposed modifications result in substantially the same development as that originally approved (i.e. prior to any previous modification) These modifications may be placed on public exhibition for comment in accordance with the provisions of the Warringah DCP. Fees Apply – see Councils fees and charges. |
Section 96 (2) |
This modification type is used if in the opinion of Council the proposed changes are likely to cause environmental impact upon the natural, built, social or economic environments or amenity impacts such as reduction in privacy, increase overshadowing, view loss etc to adjoining or nearby properties. Examples of this may include:
|
Contact the Planning and Enquiries Counter/Duty Planners on 9942 2111 or come in to discuss the proposed changes to make sure that the proposed modification falls into this category. It should be noted that Council can only modify the consent if the proposed modifications are substantially the same development as that originally approved (i.e. prior to any previous modification) These modifications may be placed on public exhibition for comment in accordance with the provisions of the Warringah DCP. Fees Apply - see Councils fees and charges. |
Section 96 (aa) |
These are modifications to consents which were granted by the Land and Environment Court of NSW. |
Contact the Planning and Enquiries Counter/Duty Planners on 9942 2111 or come in to discuss the proposed changes to make sure that the proposed modification falls into this category. If you are proposing to modify a consent issued by Land and Environment Court please obtain independent planning advice prior to lodgement. Fees apply – see Councils fees and charges. |
The above Modifications may be notified or placed on public exhibition for comment in accordance with the provisions of the Warringah DCP .
Please ensure that all items as detailed in the Modification Application checklist are provided for Council’s consideration. An amended Statement of Environmental Effects is to be submitted for all applications. If the proposed modified works is likely to impact upon any environmental constraint such as land slip, site contamination, heritage, bushfire etc then amended documentation from appropriately qualified persons must also be submitted.
When lodging a modification, please ensure that all plans submitted are clearly marked showing all proposed changes. (Preferably coloured)
A new Construction Certificate may also be required for all types of modifications other than 96 (1) where a modification seeks to change the building. Construction Certificate fees will be applicable please see Councils fees and charges for details.
Further information is available here
YOU MUST MAKE AN APPOINTMENT TO LODGE YOUR APPLICATION FOR A MODIFICATION
PLEASE CALL 99422749 TO BOOK AN APPOINTMENT.
- Requirement to Submit Correct, Clear and Accurate Information at Lodgement
You are advised, that if an application is Unclear, Non-Conforming, provides insufficient information or if Council requests additional information in accordance with Clause 54 of the EPA Regulations 2000 and it is not provided within the specified time frame – your application may be rejected or refused without notice.
The time to discuss and amend your design is prior to lodgement of your Development Application, as there will be no opportunity to do so during the assessment process
- Privacy and Personal Information
You are advised that Council is legally obliged to make Development Applications and supporting documents available for public inspection – see section 12 of the Local Government Act 1993. We do this at the Customer Service Centre and by placing copies of the applications and supporting documents on the Council website.
- Monitoring DA progress after lodgement
Once lodged you can monitor the progress of your application through Council’s website – DA’s online. www.warringah.nsw.gov.au
