Clause 4.6 of the Standard Instrument Local Environmental Plan (LEP) allows flexibility in NSW’s planning framework, enabling councils to approve developments that deviate from specific standards, such as building height, floor space ratio (FSR) or lot size.
Legislative amendments introduced in 2023 have streamlined the process, making it easier and more transparent for applicants while ensuring that planning objectives are upheld.

What is a Clause 4.6 Variation?
Clause 4.6 permits local councils to grant flexibility for developments that do not comply with specific numerical standards in the LEP.
These deviations are allowed only when they deliver better planning outcomes or address unique site constraints, ensuring the proposal aligns with the broader planning objectives for the area.
When Can You Apply for a Clause 4.6 Variation?
While Clause 4.6 allows flexibility, there are clear rules about when you can and cannot apply:
When It’s Appropriate:
Unreasonable or Unnecessary Compliance: You can apply if strict adherence to a standard is unreasonable or unnecessary due to site-specific circumstances. For example:
A sloping block may prevent strict compliance with height limits.
A design may achieve better environmental outcomes than rigid compliance would allow.
Improved Outcomes: The proposal must demonstrate how it better achieves the objectives of the LEP and the zone compared to compliance with the standard.
When It’s Prohibited:
Some standards, such as minimum lot sizes in certain rural or conservation zones, are excluded from Clause 4.6 variations. These exclusions were clarified in the 2023 amendments, ensuring that critical planning protections remain in place.
What Changed in 2023?
The legislative amendments in 2023 simplified the Clause 4.6 process, reducing administrative burdens while maintaining robust planning controls. Here’s how the changes have made the process more straightforward:
Removal of Public Interest Test:
Previously, applicants had to demonstrate that a proposal was in the public interest, adding an extra layer of complexity. This requirement has been removed, although applicants must still show alignment with planning objectives.
Clearer Application Requirements:
Written requests for Clause 4.6 variations now follow a streamlined structure, requiring applicants to focus on:
Why compliance is unreasonable or unnecessary.
How the proposal meets the objectives of the standard and zone.
The specific environmental or planning benefits of the variation.
Increased Transparency:
Councils are now required to report all Clause 4.6 variations through the NSW Planning Portal. This ensures public accountability and provides applicants with greater clarity on precedent-setting approvals.
Refined Exclusions:
The amendments clarified which standards cannot be varied, providing applicants with clearer guidance on whether their proposal is eligible for a Clause 4.6 variation.
How to Apply for a Clause 4.6 Variation:
Prepare Your Application:
Your application must include:
A detailed written request explaining why the standard is unreasonable or unnecessary.
Evidence showing how the proposal meets planning objectives and delivers better outcomes.
Supporting documents, such as architectural plans, environmental impact assessments, or heritage reports.
Engage Professionals:
Seek advice from StraightLine Planning town planners or legal experts who are experienced in Clause 4.6 applications. They can help ensure your application meets the council’s expectations.
Lodge via the NSW Planning Portal:
All applications must be submitted through the NSW Planning Portal, including supporting documents such as plans, reports, and the written justification.
Council Assessment:
The council will review your application, considering:
Alignment with planning objectives.
Justification for the variation.
Potential impacts on the community or environment.

Key Considerations for Success
Alignment with Objectives:
Ensure your proposal aligns with the objectives of both the LEP standard and the zone. For example, if seeking a height variation, demonstrate how the additional height improves housing diversity or enhances the streetscape.
Justify Environmental and Planning Benefits:
Provide specific evidence of how the variation delivers better outcomes, such as improved solar access, reduced overshadowing, or enhanced architectural design.
Address Site Constraints:
Highlight unique site constraints, such as irregular block shapes or steep slopes, that make strict compliance impractical.
What Cannot Be Varied?
Certain standards remain non-negotiable under Clause 4.6, as clarified in the 2023 amendments:
Minimum lot sizes in rural or conservation zones designed to protect land integrity.
Environmental conservation or heritage protections outlined in the LEP.
Standards specifically excluded by council policy.
Example Scenarios
Height Variation:
If a proposed building exceeds the height limit due to a sloping block, a Clause 4.6 variation could be sought. The applicant would need to show how the design mitigates impacts, such as through reduced overshadowing or improved landscaping.
Floor Space Ratio (FSR):
A variation may be appropriate if a larger FSR would allow for improved internal layouts or enhanced building design without adverse impacts on neighbors or the streetscape.
Applying for a Clause 4.6 variation has become more accessible and transparent following the 2023 amendments.
These changes ensure the process is focused on achieving better planning outcomes while maintaining accountability and clear guidelines.
To maximise your chances of success, work with our experienced professionals at StraightLine Planning, provide comprehensive documentation and clearly demonstrate how your proposal aligns with planning objectives.
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