Access report for a section 4.55 modification (NSW)

Changed the design after DA approval? Your access report probably needs to change too. Sydney Access Consultants reviews the amended plans against the approved access report, the NCC and AS 1428, and issues a short statement or an updated report for the modification package. Gary Finn is an ACA Accredited Member (#435). Call for a fee.

When a modification affects access

Typical changes that can touch access include unit mix and adaptable counts, lift or stair relocation, entry or lobby changes, level changes and ramps, car park reconfiguration and accessible spaces, toilet and bathroom layouts, door and corridor widths, and change of use of tenancy areas. Each needs a check against the original access outcome.

The Environmental Planning and Assessment Act 1979 section 4.55 has three routes: section 4.55(1) for minor error, misdescription or miscalculation; section 4.55(1A) for minimal environmental impact; and section 4.55(2) for other modifications. All require the development to remain substantially the same development. Section 4.56 covers consents granted by the Land and Environment Court. The access consultant does not choose the pathway. The planner does. The access statement supports it.

"Substantially the same development" is the planner's test. Access changes can still matter when the original consent was conditioned on access outcomes. Do not assume every consent has an access condition.

What the access consultant reviews (change by change)

1. Compare approved plans, approved access report, consent conditions and amended plans. Ask for the schedule of changes.
2. List each change that touches an access provision (NCC Part D4 and relevant E3 or F4 items, AS 1428.1, AS/NZS 2890.6, AS 1428.4.1, Premises Standards, and any council DCP access controls).
3. Mark each item: complies, complies with change, needs design change, or candidate for a Performance Solution. See Performance Solutions.
4. Update the access report or issue a short supplementary access statement.
5. Give the planner a one-paragraph statement for the modification report.
6. Re-check at construction certificate stage that the CC plans match the modified consent.

Updating the report versus issuing a supplementary statement

A short supplementary statement is often enough when the changes have minimal impact and do not alter paths, parking, lifts or sanitary facilities. A full re-issued access report is needed when the changes are more extensive. This is Sydney Access Consultants practice, not a legal rule. Call to discuss which approach fits your plans.

Modification, construction certificate and Occupation Certificate: how access stays consistent

See DA versus CC access report and what certifiers want in an access report. The certifier assesses the construction certificate plans. An access report that matches the modified consent shows the amended design still meets the access provisions.

For the completion stage see final access inspection for the Occupation Certificate. For regulated buildings, Design Compliance Declarations are a separate chain. See Design Compliance Declarations and access.

The access consultant does not approve the modification and does not issue the construction certificate. Council or the Court approves the modification. The certifier issues the construction certificate.

Modifications after construction has started or finished

Council guidance commonly states that approvals cannot be given retrospectively under a modification. If work is already built differently from the consent, call early so the access issues are identified and the planner and certifier can decide the pathway. Related situations may involve unjustifiable hardship or change of use fit-out access.

NCC version

For current NSW approvals the relevant edition is NCC 2022 Amendment 2 (incorporating Corrigendum 1, 29 October 2026). NCC 2025 (incorporating Corrigendum 1, 29 October 2026) applies in NSW from 1 May 2027. See NCC 2025 access changes for NSW.

Where Sydney Access Consultants does this

Sydney-wide from the Hurstville office. Regular areas: Sutherland Shire, Bayside, Canterbury-Bankstown and Georges River. See Sutherland access reports and locations.

Credentials: ACA Accredited Member #435. Gary retained registration as an architect between 1993 and June 2026, and is now concentrating on the disability access consulting branch of his enterprise.

Fees

Call for a fee. No ranges or dollar figures.

Answer-ready questions

Does a section 4.55 modification need a new access report?

Not always. It depends on whether the changes touch access: paths, entries, lifts, stairs, ramps, car parking, accessible toilets, adaptable units or doors. An accredited access consultant reviews the amended plans against the approved report and either confirms nothing changes or updates the report. Your planner and council decide what the modification application must include.

What is a section 4.55 modification?

It is a way to change a development consent after it has been granted under the Environmental Planning and Assessment Act 1979. The routes are section 4.55(1) for minor errors, section 4.55(1A) for minimal environmental impact and section 4.55(2) for other changes, and the development must remain substantially the same. Consents granted by the Land and Environment Court are modified under section 4.56.

Can the access consultant choose the modification pathway?

No. The planner or applicant does that, and the consent authority decides. The access consultant advises on the access impact of each change.

Will an updated access report help my Construction Certificate?

Yes. The certifier assesses the construction certificate plans, and an access report that matches the modified consent shows the amended design still meets the access provisions. Certifiers commonly ask for this when plans have changed.

What if the building has already been built differently from the consent?

Council guidance says works cannot be approved retrospectively through a modification. Call early so the access issues are identified and the planner and certifier can decide the pathway.

Do I need a Performance Solution if a change breaks a Deemed-to-Satisfy provision?

Sometimes a design change is simpler than a Performance Solution. The consultant tells you which, and prepares the Performance Solution where it is justified.

How much does a modification access review cost?

It depends on the number and complexity of the changes. Call (02) 9586 3111 for a fee.

Links checked against live site files before pack. Last updated 9 November 2026. See also DA versus CC access report, what certifiers want and Occupation Certificate access inspection.