Clause 4.6 variation requests are under the spotlight again. We
look at recent case law which considers when a development standard
is taken to have been abandoned, and how you deal with the issue of
'desired future character'.
In recent years, there have been numerous judgments which have
considered clause 4.6 variation requests.
We explore here the recent decision of SJD DB2 Pty Ltd v
Woollahra Municipal Council [2020] NSWLEC 1112 in which the
Land and Environment Court has provided further direction when it
comes to dealing with the test of establishing whether a
development standard has been abandoned as justification for a
clause 4.6 variation request. This decision also considered the
impacts of existing nearby developments in determining the
'desired future character' of a neighbourhood.
