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Received & Determined Development Applications 19 April
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Leistungsbeurteilung
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CD-2021/37
Construction of swimming pool, retaining walls and landscaping.
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To vary a development standard in an environmental planning instrument, an application must be made under clause 4.6 of the relevant local environmental plan. This clause enables a variation to a development standard to be approved, provided the matters set out in that clause are satisfied.
Since the Land and Environment Court’s decision in
Four2Five vs Ashfield Council [2015] NSWLEC 1009, the requirements for a successful application have been the subject of intense scrutiny by consent authorities.
Arguing a successful clause 4.6 application is often fraught with difficulty.
Now, the NSW State Government is proposing to change clause 4.6 and is inviting submissions on its proposal until 12 May 2021.