10 key takeaways from the incoming amendments to clause 4.6

Amongst the various mechanisms in environmental planning instruments used to increase development yield, clause 4.6 is probably the most well-known. In fact, the most cited Land and Environment Court case in 2022 on Austlii was Wehbe v Pittwater Council (2007) 156 LGERA 446 (Wehbe), which summarised the common ways in which an applicant might demonstrate that compliance with a development standard is 'unreasonable or unnecessary'.

From 1 November 2023, development applications seeking an exception to a development standard will need to address an amended clause 4.6 of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument), together with associated amendments to the Environmental Planning and Assessment Regulation 2021 (EPA Regulation 2021).