When councils prepare local environmental plans, they include rules to control the scale of future development. These rules are known as ‘development standards’. Local environmental plans frequently include development standards that prescribe the minimum height and density of a development.
Under the planning legislation, applicants for development consent can apply to vary the application of certain development standards to their proposal under State Environmental Planning Policy No. 1 – Development Standards (SEPP 1) or under Clause 4.6 of the Standard Instrument. These policies allow some flexibility in the application of development standards if the variation is justified by the specific characteristics of the proposal.
Varying development standards: a guide
A guideline is available for councils and practitioners to outline the application and assessment process for the variation of development standards under SEPP 1 and Clause 4.6: Varying development standards: a guide
Monitoring council acceptance of applications to vary relevant development standards
In response to the findings of the Independent Commission Against Corruption investigation into corruption allegations affecting Wollongong City Council, all development applications with SEPP 1 or clause 4.6 applications with variations greater than 10% must be reported to council meetings for determination.
Councils are also required to report these variations to the Department of Planning & Infrastructure every quarter. The following circulars outline these responsibilities to councils:
Planning Circular PS 08-014
Planning Circular PS 11-018
Random audits of councils
As part of a recommendation from the Independent Commission Against Corruption investigation into corruption allegations affecting Wollongong City Council, the Department undertakes random audits of council consideration of applications to vary development standards under SEPP 1 and Clause 4.6.
Four councils, drawn at random, were audited and a report outlining the findings of the audits is available, see: Summary of findings.
Further random audits will be undertaken this year.