Variations to development standards

Development standards (i.e. such as Minimum Lot Size requirements, permitted total floor areas etc.) are set out in the Murray Local Environmental Plan 2011 and the Wakool Local Environmental Plan 2013 along with State Environmental Planning Policies.

Ordinarily, development standards cannot be varied. However, an application to vary a development standard can be made under Section 4.6 of Council’s Local Environmental Plan (LEP).

There is no automatic right to vary a development standard.  The onus is on the Applicant to provide a written request which demonstrates a variation to the development standard is justified in each instance.

Council's role

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 relevant to the application.

As part of the assessment, Council as the consent authority must be satisfied that the applicant has demonstrated that:

- compliance with the development standard is unreasonable or unnecessary in the circumstances, and

- there are sufficient environmental planning grounds to justify the contravention of the development standard.

Further information, including a Guide to Varying Development Standards is available from NSW Department of Planning and Environment’s website here.