Projects can evolve significantly from concept to completion–driven by refined design outcomes, changing site conditions, staging requirements, or revised commercial objectives. At Clement & Reid, we understand that flexibility is often essential, and we’re here to support developers in managing these changes while maintaining compliance and project momentum.
Section 4.55 of the Environmental Planning and Assessment Act 1979 provides a mechanism to modify development consents where appropriate. Whether adjustments relate to built form, staging, operational details, or internal layouts, our team offers strategic guidance on the feasibility of proposed changes and the most effective modification pathway.
With extensive experience across a wide range of development types, we assist in preparing and lodging robust Section 4.55 Modification Applications. This includes identifying the relevant subclause, liaising with councils and consultants, and ensuring all documentation clearly demonstrates consistency with the original consent and applicable planning controls.
In this guide, we outline the common types of modifications under Section 4.55, the key considerations for developers, and how Clement & Reid can help ensure that project changes are implemented smoothly, with minimal disruption to timelines or approvals.
What Is A s4.55 Modification Application?
A 4.55 modification application provides a pathway to amend an existing development consent without the need to prepare and lodge a completely new Development Application. This clause within the Environmental Planning and Assessment Act 1979 is particularly useful for accommodating changes that emerge during detailed design, construction, or delivery—whether driven by practical constraints, client directions, or commercial refinements.
The mechanism ensures that proposed changes can be assessed in the context of the original approval, offering both flexibility and efficiency while maintaining compliance with planning controls.
There are three categories of Section 4.55 modifications, each designed to respond to a different scale and nature of change:
4.55(1) – Correction of Minor Errors
This category is used to rectify minor, non-substantive errors in the development consent or accompanying documentation. Typical examples include typographical mistakes, clerical oversights, or minor numerical discrepancies.
A 4.55(1) modification does not alter the design, intent, or impact of the approved development—it simply ensures that the consent accurately reflects what was intended and approved. It is a straightforward process aimed at maintaining clarity and consistency in the consent documentation.
4.55(1A) – Minimal Environmental Impact Changes
A Section 4.55(1A) application applies to minor changes that do not substantially alter the nature of the approved development or result in any increased environmental impact. These are typically small-scale design refinements that remain consistent with the original intent of the consent.
Common examples include relocating doors or windows, adjusting internal layouts, or making minor amendments to materials or finishes. While these changes are modest, they must still be carefully assessed to ensure they do not trigger the need for a more substantial modification or new approval.
This pathway allows for flexibility during the construction or documentation phases while preserving the integrity of the original development consent.
4.55(2) – Other Modifications
A Section 4.55(2) application applies to more substantial changes to an approved development that go beyond minor or incidental adjustments but still do not result in a fundamentally different development.
This category may include more design changes, alterations to building layout, or functional modifications that respond to evolving project needs. While the development must remain “substantially the same” as originally approved, these applications require a more detailed assessment, clear planning justification, and—depending on the nature of the change—may involve notification to surrounding landowners or broader community consultation.
Choosing The Right Path Forward
Understanding the distinctions between the different types of Section 4.55 modification applications is essential when planning changes to an approved development. Each pathway—whether 4.55(1), 4.55(1A), or 4.55(2)—has specific criteria, assessment requirements, and documentation standards. Identifying the correct category early in the process helps ensure your proposed changes are managed efficiently, with minimal risk of delay or non-compliance.
At Clement & Reid, we guide our clients through the complexities of Section 4.55 with strategic advice and tailored support—ensuring modifications are delivered with clarity, confidence, and alignment with project goals.
Examples Of Changes That Can Be Made Under A 4.55 (1,1a or 2) Modification Application
Section 4.55 of the Environmental Planning and Assessment Act 1979 provides flexibility for a wide range of project changes—enabling developers to respond to on-the-ground challenges, evolving design priorities, and operational needs without restarting the approval process. Below are common types of changes that may be considered under a 4.55 Modification Application:
Design Modifications
Design refinements often emerge during detailed documentation or construction and may involve changes to the building layout, façade articulation, or external materials. Examples include reconfiguring room arrangements, relocating windows, or substituting approved cladding with a more suitable or available alternative. These updates must remain consistent with the original design intent and planning objectives.
Operational Adjustments
Modifications to how a development operates can also be sought–for instance, extending approved trading hours or amending the use of a space within the scope of the original consent. A typical scenario may include a café or retail tenancy extending evening hours in response to increased patron demand, provided this aligns with planning controls and does not generate additional amenity impacts.
Structural Changes
Minor structural amendments–such as modest increases in building height, floor area, or revised setbacks–may be permissible where they do not fundamentally alter the approved development. Examples include raising a roofline slightly to accommodate services, or repositioning a structural element to resolve constructability issues.
Environmental Adjustments
Changes to environmental management measures, such as landscape design, stormwater infrastructure, or site drainage, may also be approved under Section 4.55. These adjustments often aim to enhance environmental performance—for instance, refining a planting schedule to improve biodiversity outcomes or revising drainage layouts to better reflect site conditions.
Access and Parking Modifications
Reconfigurations of access points, driveways, or on-site parking layouts may be supported, particularly where improvements to safety, efficiency, or traffic flow can be demonstrated. Common examples include relocating a driveway to improve sightlines or adjusting parking bays to better serve end users.
How To Apply For A 4.55 Modification
All 4.55 modification applications must be submitted via the NSW Government’s ePlanning portal. To support your application, you will be required to provide:
- Updated plans that clearly illustrate the proposed modifications
- Any necessary technical or specialist reports
- A prepared SOEE specific to the Modification
The Statement of Environmental Effects (SOEE) is a critical component of the application. It should:
- Clearly identify and describe the proposed changes
- Include both the originally approved and amended plans, with modifications clearly marked or annotated
- Demonstrate that the development remains substantially the same as the original consent
In addition, the SOEE must:
- Address how the proposed changes satisfy the relevant provisions of Section 4.55 of the Environmental Planning and Assessment Act 1979
- Demonstrate consistency with applicable council planning controls and policies
- Confirm alignment with any previously approved modifications, where relevant
A well-prepared SOEE helps facilitate a smoother assessment process by providing clarity for both the consent authority and project stakeholders.
Factors That Influence Approval
When assessing a 4.55 modification application, councils typically consider the following:
Nature of the modification: Whether the change is considered minor or significant in relation to the original development consent.
Environmental impact: Potential effects on local ecosystems, vegetation, drainage, and overall environmental sustainability.
Traffic and access considerations: Changes that may increase traffic flow, impact parking availability, or alter site access.
Community impact: Any effect on neighbouring properties, including overshadowing, privacy, noise, and visual changes.
Compliance with planning controls: Alignment with local environmental plans (LEPs), development control plans (DCPs), and zoning regulations.
Public or stakeholder objections: Concerns raised by local residents, businesses, or other affected parties during the notification process.
These factors help determine whether a modification can be supported under Section 4.55 or whether a new Development Application may be more appropriate.
Do You Need Assistance With Your Application?
At Clement & Reid, our experienced team supports clients in navigating the complexities of Section 4.55 modification applications with clear, practical advice and strategic oversight. Whether you’re looking to adjust design elements, refine consent conditions, or address compliance challenges, early engagement with our planning specialists can help streamline the process, reduce risk, and support a positive outcome with consent authorities.
To discuss your modification requirements, call us today at (02) 9056 1900 or fill out our online form to get started.