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Step 10 - Review and appeal of Council's decision
If you are dissatisfied with the determination of your development application or wish to make changes to your approved plans, contact us immediately so we can clarify issues and discuss your options.  Options available to you include:

  • Modification of a development consent

    This is done under section 4.55 or 4.56 of the Environmental Planning and Assessment Act.  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) - Modificiations involving minor error, misdescription or miscalculation

    An application may be made to modify a development consent granted by Council to correct a minor error, misdescription or miscalculation made by Council during the assessment and/or determination process.

    Such modifications could include where Council has incorrectly described a development or applied a condition in error or where additional fees have been applied incorrectly or calculations on floor space, height etc. have been made in error.  Note:  These modifications generally do not apply to situations where the applicant has made similar errors.

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

    An application may be made to Council to modify a development consent granted by it if the proposed modification is of minimal environmental impact and is substantially the same development as the development for which the consent was originally granted before any modifications were made.

    Such modifications could include relocation of doors or windows in a dwelling-house or amendments to the approved external materials/colour scheme.

    Section 4.55 (2) – Other modifications

    An application may be made to Council to modify a development consent granted by it if the proposed modification is substantially the same development as the development for which the consent was originally granted before any modifications were made.

    Such modifications would include any modification other than those referred to above under Section 4.55(1) or (1A).


    Section 4.56 – Modification by consent authority consents granted by the Court

    An application may be made to council to modify a development consent granted by the court if the proposed modification is subsequently the same development or the development for which the consent was originally granted before any modifications were made.

    Note:  The above information is a guide only and should not be solely relied upon.  If you are in any doubt as to whether your proposed changes would fall within Section 4.55 or s4.56 of the Environmental Planning and Assessment Act or any of the above sub-sections, you should contact Council's Duty Planner Service or alternatively, for more complex matters, you should seek your own independent planning advice from a suitably qualified town planning consultant.

  • Review of determination of development application

    Where Council has refused your Development Application or imposed conditions that you are not satisfied with, you may be able to apply for a Section 8.2(1)(a) review of determination.  You must lodge this application within 6 months after the date of determination of the Development Application.

    However, Council must also complete any such review within the 6 month period identified above. There can be no exceptions.  This means that, if you are contemplating a review, you will need to allow enough time for council to undertake public notification and other processes involved in the review.  For more complicated or controversial applications council’s assessment can take several months.  You should seek independent legal advice about this process.

    You cannot make an application for review where the development application was for Designated Development or Complying Development (as defined in the Environmental Planning and Assessment Act), was lodged by the Crown, or was determined by the Land and Environment Court. 
     

  • Review of Determination of Section 4.55 or 4.56 Modification
    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.
     
  • Review of rejection of development application
    Where Council has formally rejected your development application, and not determined it, you may be able to apply for Section 8.2(1)(c) review of rejection.  You must lodge this application within 14 days after council gives written notice of its decision to reject the application.  Council then has a maximum of 14 days to make a decision on the review. 
  • An appeal to 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.  Before proceeding to a court hearing, the court will arrange a mediation or conference if this is acceptable to the parties.  You should make your own enquires with the Land and Environment Court.


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