After DA & Modification to a DA

I have Development Consent so when can I start work?

The following details outline the post DA process and attempts to illustrate the steps you may encounter (depending on the type of application).

Post DA - once your Development is Approved

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

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

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

What if the plans for the development change?

The extent of the change will determine what you will need to do. Your Principal Certifying Authority will decide what applications need to be made.

You may be required to obtain a S96 Application (modification) and/or a new Construction Certificate to accurately reflect the proposed works. Section 96 applications may be notified depending on the extent of the changes. 

Section 96 Applications

After development consent has been given, an application can be applied to have the consent amended via an application made under Section 96 of the Environmental Planning & Assessment Act, 1979.  Any amendments must ensure the development is substantially the same development to those depicted in the approved plans.  A Section 96 application can propose to modify the conditions of a development consent or alter the approved development.  The types of modifications that can be applied for include:
  1. Section 96 (1) - involving minor error, misdescription or miscalculation only
  2. Section 96 (1A) - involving minimal environmental impact
  3. Section 96 (2) - other modifications
  4. Section 96 AA (1) - modification of consent granted by the Land & Environment Court

Submission requirements

When lodging an application you must submit the following:

A pdf copy of the following documents prepared in accordance with the document titled 'Application and Plan Standards' on a non-returnable CD or USB stick.
  • A completed application form
  • 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.
Payment of the required fees.  Council's Enquiry Centre can be contacted to obtain a fee quote on 4974 2000.

Assessment of Section 96 applications

In determining a Section 96 application Council can only consider the issues which the application is seeking to amend.  For example, if Council was to assess and approve a large shopping complex and the developer decided to change the height of the building, Council could not legally undertake an assessment of the entire application.  In other words, Council could only consider whether the height of the building is appropriate given the potential impact and/or the local planning controls.

This is also relevant for objectors who may have expressed concerns about the original development.  In this example, if local residents were concerned about issues relating to traffic generation, this issue could not be legally revisited given the developer is only seeking to change the height of the building.  However, if the objector was concerned about the height of the building this issue should be raised in the submission letter.