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Applications made Post Determination

‘Post determination’ refers to the period after a decision has been made regarding a Development Application. Additional applications related to the development are common in this period, such as obtaining a Construction Certificate, or if an applicant wishes to alter their development plans.

Additional required applications outlined in the conditions of consent

If your application was approved, it would be subject to conditions of consent which must be satisfied. These are outlined in the Notice of Determination. For more information on how to satisfy the conditions of consent, click here.

If your application involves any building or subdivision works, you will need to obtain a Construction Certificate prior to commencing work.

Modification of consent

If you want to make modifications to works approved under a development consent OR are dissatisfied with a condition of the consent, you may apply to Council under Section 4.55 of the Environmental Planning and Assessment Act 1979 to modify the approved plans or have a condition removed or varied.

You are required to submit a Section 4.55 - Modification Application Form and lodge the modification application with all new documentation, as stipulated in the Development Application Guide via the NSW Planning Portal. Your application must demonstrate how the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted.

Reviewing a determination

If your Development Application or Modification application was refused, the reasons will be outlined in the Notice of Determination.

If you would like Council to review the decision (the refusal of the application), you can submit an application for review under Section 8.2 if the Environmental Planning and Assessment Act 1979. You need to give reasons or supply additional information that supports your application.

• This application MUST be made within 8 weeks of the determination date of the development consent to ensure that it can be assessed within the statutory timeframe.
• If you are seeking a review of the refusal of a Section 4.55 application, then your application for a review MUST be made within 28 days of the determination date of that decision.

In either scenario you are required to complete a Review of a Determination Application Form. Your application for review must be submitted with all new documentation that is required under the Development Application Guide via the NSW Planning Portal.