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Variation to Development Standards - Clause 4.6 Requests
Clause 4.6 variation requests can be a vital aspect of the development application process in New South Wales. Clause 4.6 variation requests allow applicants to request variations to certain development standards set out in the relevant Local Environmental Plan (LEP).
In NSW, Local Environmental Plans set out the zoning and development controls that apply to properties and areas of land.
These controls can include a range of development standards, such as maximum building heights, maximum floor space ratios, minimum setbacks, and minimum lot sizes, just to name a few.
In some cases however, it may make more sense and deliver a better outcome for a project if development standards are varied.
This is where clause 4.6 variation request comes in.
A clause 4.6variation request allows applicants to request a variation to a particular standard if they candemonstrate that strict compliance with that standard would be unreasonable or unnecessary in thecircumstances of the case, and whether there are sufficient environmental and planning grounds tojustify a breach of the development standard.
To make a clause 4.6 variation request, applicants must submit a written request to the local council or other consent authority detailing why the development standard should be varied.
The council will then assess the variation request and make a determination based on the merits of the case.
Over time, the legal requirements of a clause 4.6 variation request have become very strict and so it is particularly important to make sure any variation request meets these strict legal requirements to give them the request the best chance of being upheld by the consent authority.
If a clause 4.6 variation request is approved, it can provide much-needed flexibility for developers andlandowners, allowing them to proceed with a development that might not have been possibleotherwise.
It is important however to note that clause 4.6 variation requests can be very contentious and are not always granted.
It is also worth noting that not all development standards can be varied by a clause 4.6 variation request.
If you are considering lodging a development application that contains a clause 4.6 variation request,then please contact me to see how I can assist in making sure the variation request meets the strict legal requirements.
This can speed up the assessment of the development application, minimise delays and give you the best change of receiving an approval for the proposed development.