Clause 4.6 variation (NSW LEP)
Clause 4.6 of a NSW LEP lets council approve a DA that doesn't comply with a development standard (height, FSR, setback). 2023 reform plain-English explainer.
Ask Chalkline about this →Clause 4.6 of a NSW Local Environmental Plan (LEP) is the standard provision that lets the consent authority approve a development application that does not comply with a numerical development standard in the LEP, such as height of building, floor space ratio (FSR), lot size, or setback. To rely on it, the applicant must lodge a written variation request that addresses the two tests in cl 4.6(3): (a) compliance with the standard is unreasonable or unnecessary in the circumstances of the case, and (b) there are sufficient environmental planning grounds to justify the contravention.
After the 1 November 2023 reform (verified 2026-05-15), the consent authority must consider the same matters; the separate “public interest” limb that previously sat inside cl 4.6 was removed because the public-interest assessment already applies through cl 2.3 of the LEP and section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.
Example. A two-storey addition exceeds the 8.5 m height limit by 300 mm at the ridge because the existing slab cannot economically be re-set down. The applicant lodges a cl 4.6 request arguing strict compliance is unreasonable (existing slab), the breach is minor (3.5%), and the environmental planning grounds are sound (the ridge sits below adjoining ridgelines, no overshadowing impact). The consent authority can grant the DA notwithstanding the height non-compliance if both limbs are made out.
Also known as: SEPP No 1 successor; “variation to a development standard”; “cl 4.6 request”; “exception to a development standard”.
Category: Approvals.
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Last updated: 2026-05-15. Verified: 2026-05-15. Quarterly review for currency.