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ARTICLE · 01 DECEMBER 2018

Preparing clause 4.6 requests to vary development standards in NSW: A guide for applicants

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This guide outlines the correct approach to prepare a clause 4.6 written request to vary a development standard in NSW.

AustraliaReal Estate and Construction
Breellen Warry
Breellen Warry
Georgia Appleby
Georgia Appleby
Blake Dyer
Blake Dyer
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The NSW Land and Environment Court (Court) has recently rejected numerous appeals on the basis that the written requests to vary development standards did not meet the necessary requirements outlined in clause 4.6(3) of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument). The Court has also highlighted the correct approach for consent authorities when dealing with a written request under clause 4.6 of the Standard Instrument.1

These recent decisions show that the consequences of failing to address the prescribed elements of clause 4.6(3) of the Standard Instrument can be fatal to a development application and, consequently, quite costly for applicants.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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