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Section 4.55 modifications.

Need to change an approved development? A modification can amend plans, hours or conditions without starting again, provided the development stays substantially the same.

When you need it

Extending trading hours or making a trial permanent
Changes to layouts, floor plans or materials
Deleting or amending conditions of consent
Changes to staging or operational details
Updating an approved Plan of Management
Changes required after construction has started

What we deliver

Review of the consent, conditions and approved plans
Advice on the correct modification pathway
Assessment of the substantially the same test
Modification report and supporting documents
Amended Plan of Management where needed
Lodgement and management through to determination

Why EH Planning

Modifications look simple and often are not. Councils read the original consent, the assessment report and any trial conditions closely. Ethan has assessed modification applications from the council side of the counter and knows where they stall.

How it works

The process.

01
Read the consent
We review the consent, its conditions, the approved plans and the original assessment report.
02
Choose the pathway
We confirm whether the change is a minor correction, of minimal environmental impact, or a section 4.55(2) application.
03
Prepare and lodge
The modification report and supporting material are prepared and lodged on the Planning Portal.
04
Through to determination
We respond to council and work towards a decision on the changes you need.

Questions

Frequently asked.

What is the difference between section 4.55(1), (1A) and (2)?

Section 4.55(1) corrects minor errors, misdescriptions or miscalculations. Section 4.55(1A) covers modifications of minimal environmental impact. Section 4.55(2) applies to other modifications where the development remains substantially the same as approved. The type affects the level of assessment and whether notification is required.

Can a trial period for extended trading hours be made permanent?

Often, yes, through a modification supported by evidence of how the premises has operated during the trial. Timing matters, so plan the application well before the trial period ends.

When is a new DA needed instead?

If the change means the development would no longer be substantially the same as the one approved, a modification cannot be used and a new development application is required. We tell you early which side of that line your proposal sits.

My consent was granted by the Land and Environment Court. Can it be modified?

Yes. Consents granted by the Court on appeal are modified under section 4.56 of the Act, which has its own requirements. We can advise on that pathway.

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