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How can I modify my development consent?

Council approved my development application for a small apartment building. The development application lists approval for 4 x 2-bedroom apartments with garages. I want to change the original plans and introduce 2 x 2-bedroom apartments and 3 x 1-bedroom apartments. Do I need consent for modification?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 27-03-2015
1 Lawyer Answered
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  1. Environment & Planning
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • Yes. You must apply for modification of consent if you decide to make any changes to the plans that have been approved.
  • If your proposal does not change the development dramatically the council may simply approve the modification without delay.
  • There are three situations where modification of consent may occur:
    • modifications involving minor error, misdescription or miscalculation;
    • modifications involving minimal environmental impact; and
    • if the modified development will be substantially the same as the development for which the consent was originally granted.
  • If your proposed modification cannot be placed into one of these categories you will be required to lodge a new development application.
  • You will need to lodge new plans and other details relating to the proposed modifications to the council for approval.
  • It appears your changes are outside the three categories for modification of development consent because they may have a significant impact on the cost of the development and other structural considerations. You should speak to your local town planner regarding your proposed changes. You may be required to re-apply for development approval. 

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