This is done under section 4.55 or 4.56 of the Environmental Planning and Assessment Act 1979.  This may be appropriate if you disagree with particular conditions of consent or decide to amend certain aspects of the proposal.  You must complete the required application documents, and include a written justification for the proposed modification.

Applications to modify a consent must go through a similar process as the original application including any necessary public notification. Therefore, it is important that you allow sufficient time to obtain our approval before proceeding with any variations to the consent.

There are four (4) different sub-sections under Section 4.55 & s4.56 of the Environmental Planning and Assessment Act 1979, and these are as follows:-

• Section 4.55 (1) - Modifications involving minor error, misdescription, miscalculation or no environmental impact.

• Section 4.55 (1A) – Modifications involving minimal environmental impact.

• Section 4.55 (2) – Other modifications.

• Section 4.56 – Modification by consent authorities of consents granted by the Court.

Where Council has refused your Application or imposed conditions that you are not satisfied with, you may be able to apply for a Section 8.2 review of determination.  You must lodge this application within 6 months after the date of determination of the Application.

Where Council has refused your application for a Section 4.55 or 4.56 modification or imposed conditions that you are not satisfied with, you may be able to apply for a Section 8.2(1)(b) review of modification.  You must lodge this application within 28 days after the date of determination of the Section 4.55 or 4.56 modification application.  Council has a maximum of 6 months from the date of its original decision to make a decision on the review.
 
You cannot make an application for review where the modification was for designated development (as defined in the Environmental Planning and Assessment Act), was lodged by the Crown, or was determined by the Land and Environment Court.

An appeal must be lodged within six months of the date of the notice of determination. This date is contained at the top of your determination notice.

You are required to obtain your own independent legal advice regarding an appeal to the Land and Environment Court.