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Service
Clause 4.6 Variation Requests
A written request to vary a development standard such as height, FSR or lot size, prepared to the test the courts and councils apply.
Clause 4.6 of the Standard Instrument LEP allows a consent authority to approve development that does not comply with a development standard, provided a written request shows that compliance is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds for the variation.
A good Clause 4.6 request is not a plea. It is a structured argument that sets out the standard, the extent of the variation with the numbers, the objectives of the standard and the zone, and the specific grounds on which the variation should be supported. URBA prepares these for residential and small commercial DAs across NSW.
Who this is for
- Height of buildings (Clause 4.3)
- Floor space ratio (Clause 4.4)
- Minimum lot size for subdivision and dual occupancy (Clause 4.1 and related)
- Other numerical standards in the LEP
What the report or service includes
- Identification of the standard and the objectives it serves
- Quantified extent of the variation
- Assessment against the tests in Clause 4.6 and the relevant Land and Environment Court decisions
- Environmental planning grounds specific to the site and proposal
- Consistency with zone and standard objectives
- Integration with the SEE and drawings
How it works
Step
Review
We confirm the variation is one that can be supported and its size.
Step
Grounds
We identify the site-specific grounds, not generic ones.
Step
Request
A stand-alone written request in the format councils expect.
Step
Support
We respond to council queries on the request during assessment.
Frequently asked questions
Can a DCP control be varied with Clause 4.6?
No. Clause 4.6 applies to development standards in the LEP. DCP controls are varied on merit within the SEE by addressing the objectives of the control.
How much can a standard be varied?
There is no fixed limit, but the larger the variation the stronger the grounds must be, and variations above ten per cent are usually reported to a planning panel or the elected council rather than determined under delegation.
Where we provide this service
Across Sydney, Western Sydney, the Central Coast, the Hunter, the Illawarra and regional NSW. See the areas we service for council-specific notes, including Blacktown, Penrith, The Hills, Liverpool, Camden and the Central Coast.
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Next step
Get a fixed fee for clause 4.6 variations
Send the address and your plans or concept. A URBA planner will confirm the pathway and send a fixed-fee proposal, usually within one business day.