After a development consent has been issued, the original applicant or anyone entitled to act on the applicant’s behalf can apply for approval to modify that development consent via the NSW Planning Portal. Section 4.55 refers to the part of the Act that allows a development consent to be modified as long as the development is substantially the same.
If you're not able to satisfy Council that the modified proposal is substantially the same as the one that was initially approved, you will need to lodge a new development application.
A Section 4.55 application can propose to modify the conditions of a development consent or alter the approved development. There are number of different types of modifications allowed under Section 4.55 of the Act.
Section 4.55 (1) – Modifications involving minor errors, a wrong description or miscalculation.
There would be no change to the form of the development approved.
Section 4.55 (1a) – Modifications involving minimal environmental impact.
These are used for minor amendments. There is no impact on privacy, height, overshadowing etc.
Section 4.55 (2) – Other modifications.
These are all other modifications where environmental impact is possible.
Please note that an additional Construction Certificate may be required as part of any Section 4.55 modification.