Variations to Development Standards

SEPP 1 / Clause 4.6 - Variations to Development Standards

Development standards may be contained in State Environmental Planning Policies (SEPPs) or Local Environmental Plans.  Development standards exist to provide guidance and limitations with respect to development standards such as height and floorspace.

Council is required to keep a register of occurrences in which development applications have been determined that resulted in a variation to a development standard.  The variation of a development standard may occur via application assessed under:

  1. Clause 4.6 of the Shoalhaven Local Environmental Plan 2014 (SLEP 2014), or
  2. Clause 4.6 of the Shoalhaven Local Environmental Plan (Jerberra Estate) 2014, or
  3. State Environmental Planning Policy No. 1 (SEPP 1).

Monitoring of variations to development standards is important in that it enables the Department of Planning and Environment and Council to determine whether development standards are appropriate, or whether changes are required to the development standards.

The consideration of variations enables flexibility to achieve better outcomes for and from development.

Variations are only considered in particular circumstances where strict compliance would be unreasonable or unnecessary and there are sufficient environmental planning grounds to justify contravening the development standard.

Where an application proposes a variation to a standard, the application must be supported by a written and detailed document meeting the requirements of SEPP 1 or Clause 4.6 of the relevant Environmental Planning Instruments.

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