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:
- Standard Instrument (Local Environmental Plans) Amendment
(Exceptions to Development Standards) Order 2023
- State Environmental Planning Policy Amendment (Exceptions to
Development Standards) 2023 (SEPP Amendment)
- 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.
