If you’re planning a development in NSW, you may come across two key planning processes—Clause 4.6 Requests and Section 4.55 Requests.
These are important legal mechanisms used in the NSW planning system, but they serve very different purposes.
Whether you're submitting a brand-new development application (DA) or looking to modify an existing approval, understanding these processes can help you navigate council approvals more effectively.

What is a Clause 4.6 Request?
Purpose
Clause 4.6 of the Standard Instrument Local Environmental Plan (LEP) allows applicants to request a variation to development standards set by local councils.
Development standards include rules about things like building height limits, floor space ratio (FSR), setbacks and lot sizes.
If an applicant believes that strictly following these rules would be unreasonable or unnecessary, they can apply for a variation using a Clause 4.6 request.
When is Clause 4.6 Used?
Clause 4.6 applies only to new Development Applications (DAs).
It does not apply to modifications of existing approvals (those fall under Section 4.55, which we'll cover later).
A written request must be submitted, explaining:
Why strict compliance with the rule is unreasonable or unnecessary.
How the variation would still result in a good planning outcome.
What environmental and public benefits the variation would provide.
Assessment Process
Council planners or a local planning panel will review the request.
The consent authority (usually the council) must be satisfied that the variation is justified before granting approval.
In many cases, variations greater than 10% of a development standard may need to be referred to a local planning panel.
Example Scenario
Imagine you are developing a multi-storey apartment building, and the local council's LEP has a height limit of 12 metres. However, due to site constraints or design improvements, your project needs to be 13.5 metres tall. A Clause 4.6 request could be lodged, arguing that the extra height:
Does not negatively impact neighbours.
Maintains the character of the area.
Provides a better design outcome (e.g., better ventilation, sunlight or urban design benefits).
If the council agrees with your justification, they may approve the variation.
What is a Section 4.55 Request?
Purpose
Section 4.55 of the Environmental Planning and Assessment Act 1979 is used when an approved development needs modifications.
Instead of starting from scratch with a new DA, developers can submit a modification application under Section 4.55 to make changes to their approved plans.
When is Section 4.55 Used?
It applies only to modifications of existing development approvals.
Unlike Clause 4.6, it does not allow variations to development standards.
Modifications must ensure that the development remains “substantially the same” as originally approved.
Types of Section 4.55 Modifications
Section 4.55 modifications can be categorised into three main types:
Minor modifications (4.55(1)): Corrections or minor errors in the approval.
Minimal environmental impact changes (4.55(2)): Slight design tweaks that don’t significantly affect the surrounding area.
Other modifications (4.55(3)): More substantial changes that still ensure the development remains “substantially the same” as originally approved.
Assessment Process
The council reviews whether the proposed changes still align with the original approval.
If the changes involve significant deviations, such as exceeding a height limit by more than 10%, the request may require referral to a local planning panel.
The council will not assess the modification under Clause 4.6—instead, it will use Section 4.55 criteria to determine if the modification is acceptable.
Example Scenario
You received approval to build a two-storey house, but after construction started, you decide that you want to change the location of a balcony. Instead of submitting an entirely new DA, you lodge a Section 4.55 modification request explaining that:
The balcony remains within the approved footprint of the house.
The modification does not negatively impact neighbours.
The change still aligns with council planning policies.
If the council agrees that the change does not significantly alter the development, they may approve it.
Key Differences Between Clause 4.6 and Section 4.55
Feature | Clause 4.6 Request | Section 4.55 Request |
Purpose | Allows variations to development standards. | Allows modifications to existing approvals. |
Applies To | New Development Applications (DAs). | Existing development consents. |
Changes to Development Standards? | Yes, if compliance is unreasonable or unnecessary. | No, modifications must comply with existing standards. |
Justification Required? | Yes, a written request must explain why the variation is needed. | Yes, the modification must be justified but within the scope of the original approval. |
Assessment Criteria | Must demonstrate good planning outcomes and no negative environmental impacts. | Must ensure that the development remains "substantially the same". |
Who Approves? | Council or a local planning panel. | Council or a local planning panel (for significant changes). |
Example Use Case | Seeking approval for an extra storey on an apartment building beyond the height limit. | Adjusting the placement of windows or a balcony after approval. |
Which One Do You Need?
If you are proposing a brand-new development that exceeds planning controls (e.g., height limits, setbacks), you will need a Clause 4.6 request.
If you already have development approval but want to modify the approved design without significantly altering the original development, you will need a Section 4.55 request.
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