After the DA
I have Development Consent so when can I start work?
The following flow chart details 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 |
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Obtain a Construction Certificate for any building works (CC) |
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Appoint a Principal Certifying Authority (PCA) |
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Carry out building works and arrange mandatory inspections |
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Complete work |
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Obtain a Occupation Certificate |
What if the plans for the building change?
The extent of the change will determine what you will need to do. Your Principal Certifying Authority will advise you of 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. The S96 application may be required to be notified depending on the extent of the changes.
All forms are available on our DA forms page.
Section 96 Applications
After development consent has been given, the developer may seek to have the consent amended via an application made under Section 96 of the Environmental Planning & Assessment Act, 1979. The changes sought by the Section 96 application may be minor, or designed to correct a minor error, incorrect description or miscalculation. Other Section 96 applications may be more significant in terms of proposing to modify the conditions or alter approved buildings.
In determining a Section 96 application Council can only consider the issues which the developer is seeking to amend. For example, if Council was to assess and approve a large shopping complex and the developer decided to change the colour of the building, Council could not legally undertake an assessment of the entire application. In other words, Council could only consider whether the colour 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 colour of the building. However, if the objector was concerned about the colour of the building this issue should be raised the submission letter.
Contact us
City Administration Centre
282 King Street
Newcastle NSW 2300
Tel: 02 4974 2000