Variations to Development Standards
Development standards are set within the Local Environmental Plan (LEP) and Development Control Plan (DCP).
Varying development standards in the LEP
Ordinarily, development standards in an LEP are fixed and cannot be varied, however, clause 4.6 provides for a limited opportunity to vary development standards for assessment with a development application.
Clause 4.6 provides a degree of flexibility so better development outcomes can be achieved for a proposed development, subject to demonstrating the development standard is unreasonable or unnecessary given the circumstances of the proposed development and land. There is no automatic right to vary a development standard, therefore, the onus is on the applicant to provide justification for the variation.
When considering whether a variation should be granted, Council must consider both the mandatory zone objectives as well as any additional objectives for the standard. Council must also consider whether non-compliance with the development standard raises any matter of significance for State and regional planning, and the public benefit of maintaining the adopted planning controls. As part of the consideration, Council examines whether the proposed development is consistent with the State, regional or local planning objectives for the locality.
All variations to a development standard granted by Council are reported quarterly to the Department of Planning, Housing and Infrastructure.
Varying development standards in the DCP
Under the Environmental Planning & Assessment Act 1979, Development Control Plans (DCP) are required to be applied flexibly and consent authorities are required to allow for alternate solutions to DCP requirements so that otherwise permissible development may be carried out. The role of the DCP is to give effect to the LEP by supporting the aims of the instrument, the range of permitted development under the LEP and the objectives of applicable land use zones.
No single provision or control is more important than another. Council may approve a development that does not meet all provisions and controls where it can be demonstrated that due to specific site conditions, or where the relevant objectives have been satisfied, a variation will yield a better or comparable planning solution for the site.
Council can consider variations to the DCP provisions as set out below:
- Where a proposal does not comply with a particular development control, the applicant may propose an alternative solution.
- A written variation request can include the following:
- Identify the development control that is to be varied and detail the extent of variation proposed,
- Identify the general and/or specific objectives of that control and how the variation complies with the objectives,
- Justify why the specific provisions of the policy are unreasonable and/or unnecessary with regard to the subject application.
- Demonstrate how an alternative solution will result in a better outcome than if the development was to comply with the development control, and
- Demonstrate how the variation sought will not adversely impact local amenity.
Note: Variations to a development control(s) will only be considered where the specific development objective can be met.
Jindabyne DCP Note: Any variation request where the following apply, shall be determined by Council:
- variation to a numerical development control of more than 10%, or
- variation to a prescriptive development control within the Jindabyne Growth Precinct, where no SRLEP 2013 controls are present.
Further information
All requests to vary a Development Control Plan (DCP) standard must be supported by a written request for variation.
Request to vary the Development Control Plan Form(PDF, 569KB)