All local government areas in New South Wales have a key statutory planning policy called the Local Environmental Plan.  This document includes both a written document and a series of maps.  It provides zoning for each site and sets out key development standards which include heights, floor space ratios and minimum lot sizes. 

In order to vary any of these development standards, your application needs to address them under clause 4.6 of the relevant Local Environmental Plan.  This clause gives the applicant the opportunity to demonstrate that the variation to the development standard is justifiable in the specific circumstance. 

The objectives of the development standard and the degree of the breach must be considered.  For example, if you wish to build to 9 metres in height, but the development standard is 8.5metres, you will need to look at the reasons for the height controls such as views, solar access, bulk and scale and impacts on the streetscape and neighbours.  Your Clause 4.6 variation will look at these objectives as well as other matters.  The variation report will justify your development discussing why it is not to the detriment of the site or its surrounds to development at a greater height than is permitted. 

Once Council has a Clause 4.6 variation they can assess the application, including permitting the variation to the control.  The consent authority cannot even consider allowing the breach if this documentation is not provided as a part of your application, according to statutory controls.

Providing thorough and informed documentation with your Development Application is essential to a speedy and stress-free process through Council.  A town planner can assist with this and ensure that Council receives all of the relevant statutory requirements when your DA is lodged.

Call Watermark Planning and we can assist with your Statement of Environmental Effects and any relevant Clause 4.6 variations as required for your project.