Post Consent Matters and Modification to a DA

Post DA - once your Development is Approved

  1. Obtain a Construction Certificate for any building works (CC)
  2. Appoint a Principal Certifier (PC)
  3. Carry out building works and arrange mandatory inspections
  4. Complete work
  5. Obtain an Occupation Certificate (OC).

In the event changes are required to the development you may be required to apply to Modify a Development Consent and/or a new Construction Certificate to accurately reflect the proposed works. Applications may be notified depending on the extent of the changes to the original determination.

I have my Development Consent, do I need any other approvals?

Your Development Consent will usually outline other certificates or permits that are required in connection with the development. More information on the commonly required certificates, permits and registrations can be found in the document titled 'Post Approval Information'.

Applications to Modify a Development Consent

After a development consent has been granted, an application can be made to have the consent amended, under Section 4.55 or 4.56 of the Environmental Planning & Assessment Act, 1979. Modifications can consist of changes:

  1. To the approved plans
  2. To the conditions of consent

All changes must result in the development being substantially the same development, to that which consent was granted.

The types of modifications that can be applied for include:

  1. Section 4.55 (1) - involving minor error, misdescription or miscalculation only
  2. Section 4.55 (1A) - involving minimal environmental impact
  3. Section 4.55 (2) - other modifications
  4. Section 4.56 - modification of consent granted by the Land & Environment Court

Submission and Lodgement

Applications to Modify a Development Consent must be submitted through the NSW Planning Portal. Find out more on our Lodging an Application information page.

An application for the modification of a consent must contain the following:

  • A pdf copy of the following documents prepared in accordance with our 'Plan Standards'
  • An amended statement of environmental effects, outlining the impact of the changes
  • A set of amended plans with any changes from the approved plans shown and highlighted
  • Where there is a change in the building footprint, the plans shall be stamped by Hunter Water
  • If there is a change in the building footprint or an increase in the amount of brickwork or where the proposal is located in a mine subsidence affected area the plans shall be stamped by the Mines Subsidence Board
  • A notification plan with any changes from the approved plans highlighted.

Once the application has been lodged and reviewed by CN, you will be contacted to arrange payment of the required fees. CN's Contact Centre can be contacted to obtain a fee quote on (02) 4974 2000.

Modification Applications are allocated an individual application number separate from the original Development Application Number, for example, MA2021/00001.