What Are 4.55 Modification Applications?
4.55 Modification Applications are a request to amend an existing development approval under Section 4.55 of the Environmental Planning and Assessment Act 1979.
There are three categories for such modifications: minor modifications due to errors or miscalculations (Section 4.55(1)), minor modifications with minimal environmental impact (Section 4.55(1a)), and other modifications that do not fall into the previous two categories (Section 4.55(2)).
This application process allows for changes to be made to development approvals while ensuring compliance with relevant planning legislation. The report for 4.55 Modification Applications detail the nature of the proposed amendments and assesses their permissibility under the applicable planning rules.
What We Offer
We assist in preparing and assembling your 4.55 Modification Application, including drafting the necessary Statement/Report. Additionally, our team can assist with handling the lodging process and can address any queries or concerns from the council.
Streamlined Process
Our efficient approach simplifies the complex process of 4.55 Modification Applications, minimising delays and making the entire experience more manageable.
How Do I Apply For a 4.55 Modification Application?
To apply for a 4.55 Modification Application, it must ultimately be submitted through the ePlanning portal. Your submission will include a set of plans visualising the amendments, additional reporting and an amended or new Statement of Environmental Effects (SOEE) that clearly outlines the proposed modifications. The SOEE should address how the changes comply with relevant council policies and Section 4.55 of the Environmental Planning and Assessment Act 1979.
The SOEE must detail the proposed changes, provide both the proposed and approved plans with modifications highlighted, and confirm that the modified development remains substantially the same as the original consent. Additionally, the SOEE should demonstrate that the development aligns with the provisions of Section 4.55 and any prior modifications of the consent.
4.55 Modification ApplicationsFAQ
What types of modifications can be requested through a 4.55 Application?
Modifications can include changes to design, construction methods, conditions of approval, or operational aspects of the development, provided they don’t substantially alter the original approval.
How long does the 4.55 Modification Application process take?
Processing times can vary depending on the complexity of the modification and the responsiveness of the council.
What should I do if I receive a request for additional information from the council?
If you receive a request for additional information, our team can assist you in addressing the council’s queries and providing the necessary details to support your application.
What are the common reasons for a 4.55 Modification Application being rejected?
Common reasons that a 4.55 Modification Application may be rejected include insufficient detail in the application, failure to address all relevant planning issues, or the proposed changes having a substantial impact on the environment or surrounding area.