Clause 4.6 Variation Request
Where a proposal exceeds a development standard in the LEP - most commonly building height or floor space ratio - a Clause 4.6 variation request is the mechanism that allows consent to be granted anyway. It is not a plea for leniency. It must demonstrate that compliance is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds for the variation. That test is specific, and it is where these requests succeed or fail.
Free consultation
- 1–2 weeks from complete drawings
- From $2,400 + GST
- Quoted fixed after a free scope check
Why most Clause 4.6 requests fail
They argue that the building is nice, that the impact is small, or that the variation is only a few per cent. None of those is the test.
The test asks whether compliance is unreasonable or unnecessary in the circumstances of this case, and whether there are sufficient environmental planning grounds for the departure. Those grounds have to be specific to the site and the proposal - topography, an unusual lot geometry, the relationship to an adjoining building, an outcome the standard did not anticipate. "The design is better this way" is not an environmental planning ground.
What we look at
The objectives of the standard, and whether the proposal achieves them despite the numerical breach. The objectives of the zone. The actual impacts relative to a compliant scheme. Any relevant precedent in the same council area. And whether the site has a characteristic that makes strict compliance produce a worse planning outcome than the variation.
How it works
Viability assessment
2–3 days
Whether the variation is realistically supportable, before design is locked in.
Grounds analysis
3–4 days
Identifying the environmental planning grounds specific to your site and proposal.
Drafting
1–2 weeks total
The written request addressed to each limb of the test, consistent with the SEE.
What we take off your hands
What EHUP handles
- Assessing whether a Clause 4.6 request is viable before you design to it
- The written request addressed to the statutory test
- Identifying and articulating the environmental planning grounds
- Comparison with the objectives of the standard and of the zone
- Coordination with the SEE so the two documents are consistent
What you don't have to deal with
- A request that argues merit but not the statutory test
- Designing to a variation nobody assessed as achievable
Frequently asked questions
What is the test a Clause 4.6 request has to meet?
Broadly two limbs: that compliance with the standard is unreasonable or unnecessary in the circumstances of the case, and that there are sufficient environmental planning grounds to justify the variation. Council must also be satisfied the proposal is in the public interest, including consistency with the objectives of the standard and of the zone. Case law has shaped how each limb is assessed, which is why the drafting matters.
Is there a limit on how much I can vary?
There is no fixed numerical cap in the clause itself, but the larger the variation the harder both limbs become, and some councils and panels apply thresholds above which they will not support one. A modest, well-justified variation is far more likely to succeed than a large one with a strong argument.
Can I use it for a DCP control?
No. Clause 4.6 applies to development standards in the LEP. Departures from DCP controls are argued differently, because a DCP is a guideline rather than a standard - see our DCP variation justification page.
Should I design to need a variation at all?
Only deliberately. If the yield or amenity gained is worth the added risk and time, and the grounds are genuinely there, a variation is a legitimate design strategy. Needing one by accident, because nobody checked, is a different situation entirely.
Related services
DCP Variation Justification
A Development Control Plan sets out council guidelines rather than statutory development standards.
Statement of Environmental Effects
A Statement of Environmental Effects is the mandatory planning report accompanying a Development Application.
Development Application (DA)
A Development Application is the merit-assessed approval pathway.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.