Application Determination

What happens if your Development Application is approved?

If your Development Application (DA) is approved, we will send you a Notice of Determination advising that Development Consent has been issued. The Development Consent is usually issued with conditions, of which you will need to comply with prior to construction of the development, during construction, after construction and during the on-going operation of the site.

For a development that involves any building work (excluding Exempt Development), you must obtain a Construction Certificate and appoint a Principal Certifying Authority (PCA) prior to commencement of works.

If a Development Application was made on behalf of the owner of the property (e.g. the application was made by the advising planner or architect), the notice of consent will be mailed to the person who made the application and not the owner of the property. A Development Consent stays with the land on which it was issued and is not transferable.

A Development Consent is time limited subject to the commencement of physical works.

A Development Consent can expire in as little as two years if the Consent is not activated by way of the applicant physically commencing the approved works in accordance with the conditions of Development Consent within that period.

What happens if your Development Application is refused?

If your DA is refused, we will send you a Notice of Determination advising that a "refusal" has been issued. The refusal notice will outline the reasons why your DA was refused. If you are dissatisfied with the decision, you can apply for a review of the determination. This is known as a section 82A review (s82A of the Environmental Planning and Assessment Act 1979 - (EPandA Act).

An application to review a determination of a Development Application, is allowed in accordance with the relevant provisions of section 82A of the EPandA Act. This type of application can be made by completing a Development Application form and ticking the '82A review' box.

An application to review a determination of a Modification Application, is allowed in accordance with the relevant provisions of section 8.9 - 96AB of the EPandA Act.

A review can not be carried out by the officer who determined the previous application, or by an officer who is directly subordinate to the determining officer.

Alternatively, you can formally appeal to the Land and Environment Court against our decision to refuse the subject development application.

What if I want to make changes to an approved development?

If you want to modify a Development Consent, or the approved plans, you must first obtain consent from Council before undertaking the modified works. To apply for consent for modifications, you will need to lodge a section 96 Modification Application with Council.

There are four ways in which you can modify a development consent:

  • Section 96(1) - To correct a minor error, misdescription or miscalculation
  • Section 96(1A)- Modifications involving minimal environmental impact
  • Section 96(2) - Other more significant modifications
  • Section 4.56 - 96AA - Modification of consent granted by the Land and Environment Court

Section 4.55 - 96 applications are assessed in a similar manner to that of the original Development Application. This includes exhibition and notification as required.

Modifications made under section 4.55 - 96 of the EPandA Act may also require an application to modify the associated Construction Certificate.

Note: If the proposed changes cause Council to form the view that the development, as modified, would no longer be considered substantially the same as the original development, then it will be necessary for you to lodge a new Development Application.

A section 4.55 - 96 application can be lodged by completing a Development Application form and ticking the appropriate section 4.55 - 96 type within the 'Modifications' section. If you are unsure of what type of section 96 to lodge, contact our Duty Town Planner for assistance.

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