Clause 4.6 Variation: How to Get Your DA Approved in NSW with Expert Town Planners

StraightLine Planning has a proven track record of successfully obtaining Clause 4.6 approvals, helping homeowners, developers and businesses unlock their property's full potential.

If you're facing height restrictions, lot size constraints, floor space ratio (FSR) limitations or setback requirements, our team has the experience and strategy to justify your variation and gain council approval.

Here’s how StraightLine Planning ensures the highest success rate for Clause 4.6 applications across NSW.

1. What is Clause 4.6 and Why is It Critical for DA Approvals?

Clause 4.6 of the NSW Standard Instrument LEP allows applicants to seek variations to development standards if strict compliance is unreasonable or unnecessary. To be approved, you must prove that:

✅ The proposal meets the objectives of the standard despite the non-compliance

✅ The variation provides a better planning outcome than a compliant alternative

✅ The proposal is in the public interest and aligns with broader urban planning goals

Without a well-prepared justification report, many applications are rejected.

This is where expert town planners like StraightLine Planning make the difference.

2. Real Success: How We’ve Achieved Clause 4.6 Approvals in NSW

We have successfully helped clients overcome planning restrictions using Clause 4.6 variations in multiple projects across NSW.

Height Variation for a Developer | Northmead

• A developer wanted to exceed the local height limit by 15% to accommodate an additional floor.

• Council initially rejected the proposal due to non-compliance with the LEP height standard.

• StraightLine Planning prepared a Clause 4.6 submission, demonstrating that the extra floor would not cause overshadowing or impact neighbouring privacy.

• Outcome: Approval granted, unlocking additional value and increasing the project’s profitability.

Dual Occupancy on a Small Lot | Hills Shire (Castle Hill)

• The site was under the minimum lot size requirement, making a dual occupancy prohibited under standard rules.

• We argued that the development was consistent with the area’s character and provided affordable housing solutions.

• Outcome: Approval secured, allowing the client to maximise their property's potential.

Warehouse Expansion in a Flood Zone | Wollongong (Unanderra)

• The proposed industrial expansion was within a flood-prone area, requiring elevated floor levels.

• Council required extensive flood studies and stormwater mitigation measures.

• We collaborated with hydraulic engineers to design a compliant solution.

• Outcome: DA approved, ensuring business growth while meeting all environmental controls.

3. Why Councils Reject Clause 4.6 Requests (And How We Avoid Rejection)

Many applicants fail to get Clause 4.6 variations approved due to poor justification. Here’s why councils typically reject these applications:

❌ Lack of Strategic Justification – The submission does not clearly explain why strict compliance is unreasonable.

❌ Failure to Demonstrate Public Benefit – The application focuses only on private gain, ignoring how the variation improves the streetscape or local area.

❌ Inadequate Supporting Evidence – Insufficient planning reports, traffic assessments, acoustic studies or overshadowing diagrams.

❌ Misalignment with Zoning Objectives – The proposal contradicts broader urban planning principles.

At StraightLine Planning, we take a proactive approach by preparing comprehensive Clause 4.6 justification reports that address these concerns before submission, increasing approval rates significantly.

4. How StraightLine Planning Achieves Higher Success Rates for Clause 4.6 DAs

🔹 Expertise in Local Environmental Plans (LEPs) & Development Control Plans (DCPs)

Our team studies LEPs and DCPs in detail, ensuring applications align with council policies.

🔹 Proven Track Record Across Residential, Commercial & Industrial Sectors

Dual occupancies to warehouse expansions - we’ve successfully handled complex Clause 4.6 applications across NSW.

🔹 Collaboration with Industry Experts

We work with architects, engineers, and environmental consultants to provide the technical reports councils require.

🔹 Pre-Lodgement Council Consultations

By engaging with councils before lodgement, we anticipate objections and refine our applications for the highest approval likelihood.

5. Need a Clause 4.6 Approval? Speak to Sydney’s Leading Town Planners

If your development faces height limits, FSR restrictions, setback challenges, or zoning constraints, don’t risk rejection—work with Sydney’s top Clause 4.6 planning specialists.

✔ Overcome planning barriers

✔ Maximise your property’s development potential

✔ Increase your chances of DA approval

Contact StraightLine Planning today for a strategic consultation on how we can secure your Clause 4.6 variation approval.

📞 Call us now or book a consultation online.