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Here is some expert commentary about the unusual Development Application for the premises at 467 New Canterbury Road

I've received two written analyses on the DA for 467 New Canterbury Road - you can download a copy of the DA at the bottom of this post.

I don't know the background of the first commenter -  I do know and am familiar with the credentials of person number two.   He is a professional who is in the business of local government, town planning, development, inspections etc etc.   I value his professional expertise and the worth of his analysis. 


Comments on the DA - person number one

A section 96 application to modify a development consent for a Thai massage business.

The Sec 96 Application requests two additional massage rooms to the rear of the premises on the basis they are needed due to “traffic noise” in the front rooms!!! Good grief….
What happened to the easy solution most councils require to mitigate traffic noise? “DOUBLE GLAZING” 

Comments on the DA - person number two

I am some what gob smacked. I see you have posted the actual section 96 application form. (excellent)
Look at Q7. reasons for proposed modification

"the main reason is to minimise noise from the main road which created problems for my customers"

WOW......what a scam....what a shifty way to "intensify the use of the business", 

Firstly- double glazing is the norm to mitigate traffic noise for the millions of premises on main roads.
did the council ensure double glazing was installed?
did the council planner assessing the application refer the same to the environmental officer for inspection, assessment and comment? if NO...WHY NOT? 
the entire pretext of the application is "MINIMISE TRAFFIC NOISE" and using this as justification to provide additional rooms...........what a farce........

Secondly- was the applicant asked to submit acoustic noise readings by a qualified acoustic engineer to validate the reason for the application"

Thirdly- Did the assessing planner inspect the premises to make a routine onsite assessment of the NOISE?

Fourthly- did council impose conditions on the sec 96 approval "prohibiting the use of the front rooms?" 
If not they have allowed the intensification of the use without proper assessment or due diligence.

5th--question 8 left unanswered?????????????  where there any submissions attached to the application?

6th-  What is councils policy on "delegated authority to approve sec 96 applications" for massage parlor??



There are number of different types of modifications allowed under Section 96 of the Act. Council’s application form can be used to make an application for three of these types of modifications:

Section 96 (1) – Modifications involving minor errors, misdescription, or miscalculation.
There would be no change to the form of the development approved, and notification would not be required. For example:

  • Wrong plan numbers


Section 96 (1a) – Modifications involving minimal environmental impact.
These are used for minor amendments. There is no impact on privacy, height, overshadowing, etc, and notification is generally not required. These might be:

  • Internal design changes
  • Amended landscape plans
  • Drainage design amendment


Section 96 (2) – Other modifications.
These are all other modifications where environmental impact is possible. They generally require notification. Typical changes include:

  • Windows
  • Floor levels
  • Heights
  • Car parking generation
  • Roof design


If you are seeking Construction Certificate approval from Council based on the proposed modifications, you will need to lodge a separate construction certificate application form. This may be lodged concurrently with this application or at a later date but cannot be processed until the modification application is determined. 


The following items need to be prepared and submitted for all applications to modify development consent under Section 96 of the Act:

  • A completed application form [link].
  • Owners consent
    Consent from all the registered owners. If a company owns the property, the form must be signed by an individual acting with the Company’s Authority. If the building is subject to a strata scheme, consent of the body corporate is required
  • Amended plans
    Seven (7) sets of plans (3 coloured) plus ten A4 set of plans, annotated to show changes (if amendments involve changes to the design).

Drawings must be to scale - normally at 1:100 - and suitably numbered and dated.

  • Supporting documentation
    Details of the proposed modification(s) and impact of changes
We'll have more tomorrow.