CLAUSE 4.6 VARIATIONs
A Clause 4.6 Variation is often required when a development cannot comply with a numerical planning control such as height, floor space ratio (FSR) or minimum lot size. This page explains what a Clause 4.6 Variation is, when it is required, and who can prepare one.
What Is a Clause 4.6 Variation?
A Clause 4.6 variation is a formal planning request that allows an applicant to seek flexibility when a proposed development does not comply with a numerical development standard in a Local Environmental Plan (LEP)—such as height limits, floor space ratio (FSR), setbacks, or minimum lot size.
Clause 4.6 enables the consent authority (generally the local council) to approve a development that departs from a development standard if:
- strict compliance with the standard is unreasonable or unnecessary, and
- there are sufficient environmental planning grounds to justify the proposed variation.
A Clause 4.6 variation cannot be used to override development prohibitions or mandatory preconditions for consent, such as the need for essential services.
Reforms that commenced on 1 November 2023 simplified the application and assessment of Clause 4.6 variations and clarified how the tests are applied across NSW.
When is a Clause 4.6 Variation Required?
A Clause 4.6 Variation is required when a development does not comply with a numerical development standard contained in the relevant LEP.
Common scenarios include:
- Exceeding maximum building height due to design or topography
- Exceeding FSR to achieve a better environmental or architectural outcome
- Inability to meet minimum lot size or setback requirements because of site constraints
What must be addressed?
A written Clause 4.6 request must demonstrate:
- Why compliance with the standard is unreasonable or unnecessary in the circumstances; and
- How sufficient environmental planning grounds exist to support the proposed variation.
When it cannot be used
Certain development standards—such as some minimum lot sizes in rural or conservation zones—are excluded under the 2023 reforms and cannot be varied.
A Clause 4.6 Variation applies only to Development Applications and must be submitted in writing.
Who Can Prepare a Clause 4.6 Variation?
A Clause 4.6 variation request must be a written justification addressing the legislative tests. While anyone can technically prepare the document, the level of planning justification needed means it is commonly prepared by professionals.
✔ Town Planners
Town planners most frequently prepare Clause 4.6 variations because they understand LEP provisions, planning legislation, environmental planning.
✔ Planning Lawyers
Planning lawyers may prepare or review more complex or sensitive Clause 4.6 requests to ensure they meet all statutory and case law requirements.
✔ Architects or Building Designers
Design professionals may draft the request, but planners typically refine the planning argument to ensure the submission aligns with Clause 4.6 obligations.
✔ Applicants
Applicants may prepare their own Clause 4.6 variation, although councils expect a detailed and well‑structured justification that meets Clause 4.6(3) and associated legal principles.
How We Write a Clause 4.6 Variation
| 1. Identify the Development Standard being Breached | We begin by confirming the exact numerical development standard the proposal does not comply with—such as height, FSR, lot size or setbacks—and quantify the extent of the breach. |
| 2. Analyse the Objectives of the Standard and the Zone | Using principles established through NSW planning reforms and case law, we prepare a detailed justification explaining why strict compliance with the standard would be unreasonable or unnecessary in the circumstances. |
| 3. Assess whether Compliance is Unreasonable or Unnecessary | We outline the site‑specific environmental planning grounds that support the variation—for example, topographical constraints, improved design outcomes or more efficient use of land. |
| 4. Establish sufficient Environmental Planning Grounds | We evaluate how the variation achieves equal or better planning outcomes compared to strict compliance, referencing relevant LEP and DCP controls where necessary. |
| 5. Assess Impacts and Demostrate Planning merit | We prepare a clear, concise and professionally formatted Clause 4.6 Variation document that addresses every legislative requirement and aligns with council expectations. |
| 6. Prepare the Written Clause 4.6 variation request | Your Clause 4.6 Variation is integrated into your wider DA documentation, ensuring consistency across architectural plans, planning statements, and specialist reports |
WANT TO LEARN MORE ABOUT CLAUSE 4.6 VARIATIONS?
Check out our articles about how to prepare a Clause 4.6 variation and Clause 4.6 variation FAQs.
Not Sure If You Need a Clause 4.6 Variation?
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