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ARTICLE · 11 OCTOBER 2023

NSW Government Bulletin: Same site, different DA: Dealing with multiple consents for the same land

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Explores some reasons why one may choose to lodge a fresh development application rather than seek to modify an existing consent.

AustraliaGovernment, Public Sector
Thomas Kwok
Thomas Kwok
Katharine Huxley
Katharine Huxley
Paul Libreri
Paul Libreri
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Once an applicant obtains a development consent, they may wish to make changes to the development.

Sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) provide mechanisms for applicants to make an application to modify a development consent.

An applicant can alternatively lodge a fresh development application for development on land where there is already an operational consent. There can be more than one valid consent operating at the same time.

This article explores some of the reasons why an applicant may choose to lodge a fresh development application rather than seek to modify an existing consent, factors for councils to consider in determining a fresh development application for land where an existing consent is already in place, and how inconsistencies between development consents can be resolved.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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