Assess modification applications with the same efficiency as original DAs.
For the first time, the 2026 Order sets expectations for how councils assess modification applications, in accordance with the timeframes and requirements set out in the Order. Councils are expected to treat modification applications with the same efficiency standards applied to original development applications.
The Statement of Expectations (SoE) Order 2026 is a Ministerial order under section 9.6(1)(b) of the Environmental Planning and Assessment Act 1979 that tells councils how the Minister expects them to perform their planning functions, backed by the threat of appointing a planning administrator or transferring functions to a planning panel as a last resort. For the first time, the 2026 Order extends its efficiency expectations to modification applications — the applications lodged to change an already-approved development consent. Previously the Order and the council league table focused on original development applications; modifications were expressly excluded from the DA determination average. Now councils are told to assess modification applications 'in accordance with the timeframes and requirements set out in the Order' and to treat them with the same efficiency standards applied to original DAs.
All NSW councils in their role as consent authorities assessing modification applications (including modifications determined under officer delegation and, where relevant, by local planning panels).
When a council receives and assesses a modification application to change an existing development consent. This is a new expectation introduced by the 2026 Order.
The source states no exemptions specific to modification applications. It notes that modifications are not counted in the headline DA determination average (which covers approvals and refusals but 'do not include withdrawals, modifications, or development applications subject to reviews under s8.2 of the EP&A Act'), but this is about measurement, not an exemption from the new modification expectation.
Sits within the broader SoE Order 2026 and the Faster Assessments program; connects to section 9.6(1)(b) of the Environmental Planning and Assessment Act 1979 (Minister's intervention power) and section 8.2 review applications (which, like modifications, are excluded from the DA determination average). Performance is monitored via the NSW Planning Portal and the council league table.
Council should assess modification applications in accordance with the timeframes and requirements set out in the Order — the source page directs readers to the Order document itself for the specific figures.
Councils are expected to treat modification applications with the same efficiency standards applied to original development applications, on the basis that modification delays can hold up construction and housing just as much as DA delays.
Kiama Council, as a small coastal consent authority, will now be expected to process modification applications with the same efficiency it applies to original DAs. Coastal and heritage-town projects commonly generate modifications (design changes, staging, hazard or bushfire-driven amendments), so this expectation bites in practice — the Council cannot let modification workloads languish while focusing only on new DAs. The Order does not set a separate numeric target for modifications on this page; Kiama planners will need to read the Order document itself for the precise timeframes and requirements applying to modifications.
“Council should assess modification applications in accordance with the timeframes and requirements set out in the Order.”
“For the first time, the 2026 Order sets expectations for how councils assess modification applications.”
“Modification applications are a significant part of the workload for many councils and delays in their assessment can hold up construction and housing delivery just as much as delays to original DAs.”
“Councils are expected to treat modification applications with the same efficiency standards applied to original development applications.”
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.