Following a determination being made, the following additional considerations may apply.
Modification to consent
Where a Development Consent has been issued, an application may be amended under Section 4.55 of the Environmental Planning and Assessment Act 1979. Modifications fall into the following categories:
- s4.55(1) Modifications involving minor error, misdescription or miscalculation,
- s4.55(1A) Modifications involving minimal environmental impact, and
- s4.55(2) Other modifications.
S4.56 deals with modification application to amend a consent handed down by the Land and Environment Court.
An Application to Modify Development Consent is required to be completed on the NSW Planning Portal and accompanied by relevant supporting documentation.
An application for a Construction Certificate (CC) will usually be lodged after your DA is approved or in some cases can be submitted at the same time.
A CC must be obtained before commencing any building and or construction work.
An occupation certificate must be obtained to occupy or use a building.
To allow an occupation certificate to be issued, all necessary inspection must have been undertaken and the works completed in accordance with the condition on the development consent.
Prior to the registration of a subdivision with NSW Land Registry Services, a Subdivision Certificate will need to be issued by Council.
To apply for a Subdivision Certificate, you will need to complete the application form along with payment of the applicable fees and submission of required information.
Review of Determination
If you are unhappy with the determination of your development application (DA), you may request that Council review the determination under Section 8.2 of the Environmental Planning and Assessment Act 1979.
A request for a review must be made in writing and be made within 6 months of the date of determination. A request for a review cannot be made for comply development certificates, designated development, integrated development or crown development.
A s8.2 review of determination request cannot be made after an appeal against the determination has been made to the Land and Environment Court and the matter has been disposed of by the Court. A review can also be undertaken under s8.2, s8.3 and s8.4 of the Environmental Planning and Assessment Act 1979 where an application is rejected prior to an assessment being undertaken.
To submit a Review of Determination Application, you will need to complete the application form along with payment of the applicable fees and submission of required information.
Appeals to the Land and Environment Court
Where an applicant is unhappy with a determination or an application has not been determination within the statutory time frame you may be able to appeal the decision to the Land and Environment Court. More information about the court process can be access from the Land and Environment Court website.