There has been significant reform in recent months to the Environmental Planning and Assessment Act (1979)(the EPAA) with the most recent changes coming into force on 21 March of this year. These changes are set to streamline the process for section 4.55 modification applications.
Forming part of the Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 the changes which have now come info force will provide property owners who have gone through the development application (DA) process the following options and changes:
- Changes to Modification Applications
o Section 4.55(1) of the EPAA will now allow those who need to modify a DA that will have no environmental impact to now be included in these applications.
o Local authorities will now have 14 days to make a decision to applications under section 4.55(1) and should no decision be made in that time; the local authority cannot refuse the application. They can however approve it with conditions.
o If the application is refused, you can now request a review of the application within 6 months of the original decision rather than 28 days.
- 8.2 Reviews
o If you request a review of a DA or modification application which has been refused, the local authority can make a decision anytime after the request is made. This means there is no time limit in which they must make a decision.
o You can request the review to be done by the Local Planning Panel rather than the local authority even if the local authority was the original decision maker.
- Changes to the Planning Portal
o Your architect or town planner will also now see some changes in the Planning Portal in relation to these changes including the ability when submitting a DA to decide whether the local council reviews the application or if applicable, the Local Planning Panel.
- Appeals
o You can now appeal a deemed refusal at anytime until a decision is made. Once a decision is made, the 6-month period to appeal will commence as normal.
Changes will also follow for how applications are assessed. New guidelines are being prepared for local authorities to understand how the changes will affect the assessment of new applications and modifications.
If you would like more information about these changes, be sure to check with your architect or town planner as to whether these changes will affect your development and if the new options are available to you.
In the event you are in an appeal period or considering whether you should have the decision by an authority reviewed prior to an appeal, contact us to book a complimentary 30-minute appointment to discuss your development and your options.
