Variations to Development Standards

Development standards may be contained in State Environmental Planning Policies or Local Environmental Plans. Development standards exist to provide a framework of limitations for anticipated development in an area.

City of Newcastle (CN) keeps a register of instances 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 an assessment of an application, under either:

  1. Clause 4.6 of the Newcastle Local Environmental Plan (NLEP), or
  2. State Environmental Planning Policy No.1 (SEPP1) - Superseded 1 February 2020.

Monitoring of variations to development standards is important in that it enables the Department of Planning and CN 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 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 request meeting the requirements of Clause 4.6 of the NLEP. It is recommended that you seek the assistance of Town Planning Consultant to prepare a written request consideration.