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ARTICLE · 13 NOVEMBER 2023

Clause 4.6 requests to vary a development standard in NSW – What's new?

It is understood that written guidance will be provided by DPE with an updated 4.6 request template.

AustraliaReal Estate and Construction
Emily McKillop (Formerly With Bartier Perry)
Emily McKillop (Formerly With Bartier Perry)
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In September 2023, the NSW Government published amendments to clause 4.6 of the Standard Instrument which changes the operation of the clause across all local environmental plans.

The changes came into force on 1 November 2023.

Three legislative amendments have been made to deliver the changes:

  1. Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023
  2. State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 (SEPP Amendment)
  3. Environmental Planning and Assessment Amendment (Exceptions to Development Standards) Regulation 2023 (Regulation Amendment)

The often-maligned clause 4.6 has been the subject of considerable judicial consideration and with good reason. Demonstrating that compliance with a development standard is unreasonable or unnecessary is never simple.

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