I want to modify my DA consent (Section 96)
Guide to preparing and lodging a DA
If your development proposal is not classified as exempt or complying development, you may need to lodge a development application (DA) with Council to get development consent.
Below is our 5-step guide to preparing and lodging a DA. The step-by-step guide should be read in conjunction with our DA Guide (pdf. 1MB) and DA assessment fact sheet (pdf. 695KB).
Step 1 - Does your development comply?
- Is your development permissible? Check the property's zoning
- Design your development to comply with our planning controls (eg LEP and DCP)?
- Does your development comply with all relevant NSW Government SEPPs?
Step 2 - Prepare plans and documents
Step 3 - Consult your neighbours
- Discuss your development proposal with your neighbours prior to lodging your DA. Early consultation can often alleviate their concerns about what you are proposing to do. Your neighbours may also identify issues with your development proposal that you may not be aware of (eg privacy, overshadowing).
- If you are living in a strata building, check whether you need body corporate approval for your development before preparing a DA as their consent is required on the DA form at the time of lodgement.
Step 4 - Apply for a pre-DA consultation (optional)
Due to its popularity, the online Pre-DA lodgement system has been configured to only accept five (5) applications per week. This is aimed to even out large spikes in the number of applications we receive and will enable us to offer a more consistent service. If more than five (5) applications are received during a seven day period an error message will be generated to indicate that the application limit has been reached. If you receive an error message, please try again the next day.
- Consider applying for a pre-DA consultation as it could save you time, money and a lot of frustration - Download the Pre-DA Consultation Flyer (pdf. 697KB)
- Our staff will discuss the merits of your development proposal and identify any aspects that do not comply. The verbal and written feedback we provide can help you address any issues with your proposal prior to DA lodgement. This is useful as you are only given one opportunity to amend your proposal during the DA assessment process.
- Meetings will be arranged within 20 working days of the pre-DA application being lodged (extended to 25 working days during December and January). Plans and supporting information must be provided and the fee paid at the time of lodgement. all meetings have a maximum duration of one hour.
- To apply, please select the type of development you intend to lodge
- Residential alteration and additions, ancillary structures, pools, tennis courts, garages etc, including signage and advertising structure
New dwelling house
Dual occupancy, 1 secondary dwellings, ranny flat
SEPP Seniors living development and residential flat buildings, mixed use developments, multi-dwelling housing and new retail/commercial/office development
Alterations to schools
Alterations to nursing homes and hospitals
Alterations and additions to retail/commercial development, events etc.
Subdivision to create two lots
Subdivision to create in excess of two lots
Alterations to churches
New Childcare Centres
Alterations to Childcare Centres
Step 5 - Lodge your DA with Council
- Contact our Customer Service staff on (02) 9424 0000 to receive a fee quote for lodging your DA.
- You can lodge your DA using the following methods:
- In person at Council Chambers, 818 Pacific Highway, Gordon, between 8.30am - 4.15pm, Monday to Friday
- By post to Ku-ring-gai Council, Locked Bag 1006, Gordon 2072. Payment must be included – only cheque or credit card accepted.
Make your cheque payable to Ku-ring-gai Council, cross ‘Not Negotiable’ and post to:
Locked Bag 1006, Gordon NSW 2072
Credit Card Payment Form (pdf. 118KB)
The DA assessment process
Read our DA assessment fact sheet (pdf. 695KB) for information about the DA assessment process, including the notification of DAs to surrounding property owners and advice for residents who want to make comments about a DA to Council (known as a 'submission').
Further information about making a submission
Post DA consent
When Council has made a decision on an application, a Notice of Determination is sent to the applicant. Where an application is approved, the Notice will include conditions of consent and the date of the consent. Where an application is refused, the Notice will include the reasons for refusal.
Read the Guide to the Building Approvals Process to identify the next steps involved or if you require further approvals.
You will need a Construction Certificate to be issued by Council or a private accredited certifier if your approved DA involves building works.
Relevant council forms:
Application for a Construction Certificate form
Principal Certifying Authority Service Agreement form
Notice of Commencement of Building, Subdivision or Demolition Work (pdf. 77KB)
Application for an Occupation Certificate form
If you need to make changes to a DA after Council has given development consent there are several ways to do this. Each way depends on what sort of changes you want to make, and how they will affect the DA that was originally approved.
- To correct a minor error, an incorrect description or miscalculation, a section 96(1) application is required.
- For minimal environmental impact changes, a section 96(1A) application is required.
- To modify the consent in other ways, due to design changes for example, evidence needs to be provided that the development will be substantially the same, with a section 96(2) application.
- To modify a consent handed down by the Land and Environment Court, a section 96AA(1) application is required.
Our Application to Modify a Development Consent form (pdf. 242KB) (often called a 'section 96 application') can be used for all of the above scenarios provided the correct section is clearly marked with appropriate details.
Section 96 applications also need consent from all of the registered property owners for the changes to be considered. If a company owns the property, the company stamp or seal is required. If the building is subject to a strata scheme, the owners' corporation seal and authorised signatures are required.
A section 96 application needs to include:
- the completed form
- fee payment
- supporting documentation (eg plans, Statement of Environmental Effects etc - check DA Guide (pdf. 1MB))
- minimum of 6 hard copy sets of plans/documents
- electronic copies of all documents (refer to Appendix 1 of DA Guide (pdf. 1MB))
Plans must be drawn to scale, normally at 1:100, minimum A3 size and suitably numbered and dated (refer to Appendix 1 of DA Guide (pdf. 1MB) for full specifications). Plans are to be folded to A4 size with the title block to the front otherwise they will not be accepted at the time of lodgement. Some applications may require an updated BASIX certificate or bush fire risk assessment report/certification - check with your building designer.