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?
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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.