Modification of Development ConsentsPaul Jayne 07/09/2021
Section 4.55 of the Environmental Planning and Assessment Act 1979 allows a landowner/developer to apply to Council to modify a development consent. The power to modify a consent has been described by the Council as beneficial and facultative, but not unconstrained. A recent NSW Court of Appeal decision [Ku-ring-gai Council v Buyozo Pty Ltd (2021) NSWCA 177], has caused some consternation in the development industry. Some industry feedback has been that the modification power is now significantly weakened and developers are no longer able to rely on it to make small adjustments to their projects.