Register of Clause 4.6 and DCP Variations

Register of Clause 4.6

Development standards for each zone are set out in the Georges River Council (Hurstville Local Environmental Plan 2012 (HLEP2012) and Kogarah Local Environmental Plan 2012 (KLEP 2012)). Ordinarily, development standards cannot be varied. However an application to vary a development standard can be made under Clause 4.6 of HLEP2012 or KLEP 2012.  This clause provides an appropriate degree of flexibility where a better outcome can be achieved for or from a proposed development if the variation is approved.  There is no automatic right to vary a development standard. Clause 4.6 places the onus on the applicant to provide a written justification for the variation to the development standard.  The test for granting a variation to a development standard is outlined in clause 4.6 (3) & (4).
When considering whether a variation to a development standard should be granted Council must consider both the mandatory zone objectives as well as any additional objectives. Council must also consider whether non-compliance with the development standard raises any matter of significance for State and regional planning, and the public benefit of maintaining the planning controls adopted by the relevant environmental planning instrument. As part of the consideration, Council examines whether the proposed development is consistent with the State, Regional or Local planning objectives for the locality. 
All variations to a development standard granted by Council are reported quarterly to the Department of Planning and Environment.
You can download the standards variations register.

Register of DCP Variations

Under the Georges River Council (Hurstville DCP No 1 & 2 and Kogarah DCP 2013), Council has some flexibility when applying controls and maintains a register of variations to the following significant residential DCP sections:

  • Site Width
  • Dwelling Density (Multiple dwelling housing development)
  • Landscaping

You can download the DCP variations register.

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