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Development standards are contained in State Environmental Planning Policies (SEPPs) or Local Environmental Plans.
Development standards exist to provide guidance and limitations with respect to development standards such as height and floorspace.
Council is required to keep a register of occurrences 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 application assessed under:
Monitoring of variations to development standards is important in that it enables the NSW Department of Planning, Industry and Environment and Council to determine whether development standards are appropriate, or whether changes are required to the development standards.
Variations are only considered in particular 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 and detailed document meeting the requirements of SEPP 1 or Clause 4.6 of the relevant Environmental Planning Instruments.
The NSW Department of Planning, Industry and Environment require Council to submit a report of cases where determined development applications have resulted in a variation to a development standard.
The Register is referred to by the NSW Department of Planning, Industry and Environment on a quarterly basis.
Go to the register