Changes are coming to the way variations to development
standards under environmental planning instruments are considered
and granted
Since replacing the State Environmental Planning Policy No.
1 – Development Standards (SEPP 1) as
the primary and, then, the sole means of varying development
standards under an environmental planning instrument, clause 4.6 of
Standard Instrument Local Environmental Plans (Clause
4.6) has been the subject of much debate, tribulation and
judicial deliberation.
A more consistent approach (at least in Court matters) has
emerged in recent times thanks to guiding judgments handed down by
the Court in Initial Action v Woollahra Municipal Council
[2018] NSWLEC 118 and Rebel MH Neutral Bay Pty Ltd v North
Sydney Council [2018] NSWLEC 191.
