Apply for a variation to a deemed permit

You can apply for a variation to a deemed permit if you want to:

• make minor changes to a building or use that:
  • was previously permitted but
  • would now need a development permit.

A variation must not:

• materially affect the amenity of adjoining  or nearby land or premises
• authorise a substantive change to the development approved by the  development permit
• allow  an increase in the number of dwellings capable of separate occupancy.

A substantive change is:

• a change  that increases non-compliance with a measurable aspect of the development permit by more than 5% or
• a variation that materially changes the character of the development approved by the development permit, if the change is not conveniently measurable.

If the changes are beyond this scope, you must apply for a development permit.

If you are not sure whether you need a variation to a deemed permit, contact a planner from Development Assessment Services.

Before you apply

Before you apply, you will need:

• owner's authorisation if you are not the owner of the property
• dimensioned plans that show the proposed variation
• details and reasons for the variation.

How to apply

To apply, follow the steps below:

Step 1. Submit your application

Submit a variation to a deemed permit application through the DAO website.

Step 2. Pay the fee

You must pay an application fee.

You can either pay:

• online through the DAO website - the preferred payment method
• in person by cash or card at your nearest planning office.

All fees are non-refundable, even if your application is unsuccessful.

After you apply

Read below to find out what happens after you submit your application.

Decision maker

The decision maker is:

• Development Consent Authority (within DCA areas) or
• the Minister for Lands, Planning and Environment (outside of DCA areas).

Administrating branch

The administrating branch is Development Assessment Services.

Contact a planner.