Frequently Asked Questions – Clause 4.6 Variation

1. What is a Clause 4.6 Variation?

A Clause 4.6 Variation is a written request that allows a development to exceed or depart from a numerical development standard in a Local Environmental Plan (LEP), such as height, FSR or lot size, when strict compliance is unreasonable or unnecessary and sufficient environmental planning grounds exist.

2. When do I need a Clause 4.6 Variation?

You need a Clause 4.6 Variation when your proposal does not comply with a numerical development standard in the LEP—for example, exceeding maximum height, FSR or setback controls.

3. Can a Clause 4.6 Variation change any development control?

No. A Clause 4.6 Variation cannot vary development prohibitions or essential preconditions for consent such as water, sewer, or electricity availability. It only applies to numerical development standards.

4. Are there development standards that cannot be varied under Clause 4.6?

Yes. Some standards—such as certain minimum lot sizes in rural or conservation zones—are excluded from Clause 4.6 and cannot be varied under any circumstances. 

5. Has Clause 4.6 changed recently?

Yes. Reforms commencing 1 November 2023 simplified Clause 4.6 by removing the need for Secretary’s concurrence, clarifying assessment requirements, and improving transparency across NSW.

6. Who decides whether my Clause 4.6 Variation is approved?

Your local consent authority (usually the local council) assesses and decides whether the Clause 4.6 request is justified and meets the statutory tests.

7. Who can prepare a Clause 4.6 Variation?

A Clause 4.6 request can be prepared by town planners, planning lawyers, architects/designers, or the applicant. However, councils expect a detailed planning justification, so most variations are prepared by qualified planning professionals.

8. Does lodging a Clause 4.6 Variation guarantee my DA will be approved?

No. A Clause 4.6 Variation must fully satisfy the statutory tests. If the consent authority is not convinced that compliance is unreasonable or that sufficient environmental planning grounds exist, the variation—and possibly the DA—may be refused.

9. Does a Clause 4.6 Variation need to be in writing?

Yes. Clause 4.6 requests must be prepared in writing, even though the term “written request” has been removed from the clause wording.

 10. How long does it take to prepare a Clause 4.6 Variation?

Timeframes vary depending on complexity, the extent of the non‑compliance, and the supporting documentation required. Simple variations may take several days, while complex ones—particularly involving multiple standards—may take longer.