Variations to Development Standards

Development standards may be contained in State Environmental Planning Policies or Local Environmental Plans.  Development standards exist to provide a framework of limitations for anticipated development in an area.

Council is required to keep a register of instances in which development applications have been determined that resulted in a variation to a development standard.  The variation of a development standard may occur via an assessment of an application, under either:

  1. Clause 4.6 of the Newcastle Local Environmental Plan (NLEP), or
  2. State Environmental Planning Policy No.1(SEPP1).

Monitoring of variations to development standards is important in that it enables the Department of Planning and Council to determine whether development standards are appropriate, or whether changes are required to the development standards. The consideration of variations enables flexibility to achieve better outcomes for and from development.

Variations are only considered in circumstances where strict compliance would be unreasonable or unnecessary and there are sufficient environmental planning grounds to justify contravening the development standard.

Where an application proposes a variation to a standard, the application must be supported by a document meeting the requirements of SEPP1 or Clause 4.6 of the NLEP.  A standard document   Application form to vary a development standard is available from Council's web site, to assist applicants to address the matters for consideration.  This form should be completed and submitted with the development application.

The Register

*The Register is referred to by the Department of Planning as a SEPP 1 Report.  However, the report is also required to contain any variations approved under Clause 4.6 of the NLEP 2012.  The anomaly with the naming is a result of the transition of Council's within the State of NSW to the 'Standard LEP'.  The satandard LEP introduces a number of development standards into local planning instruments.  The City of Newcastle adopted a new LEP, consistent with the 'standard LEP' template on the 15 June 2012.

2017 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 March 2017  SEPP Variations 1 January to 31 March 2017 (pdf)
2016 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 March No applications to report
1 April - 30 June  SEPP Variations 1 April to 30 June 2016 (pdf)
1 July - 30 September  SEPP Variations 1 July - 30 September 2016 (pdf)
1 October - 31 December No applications to report
2015 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 March No applications to report
1 April - 30 June No applications to report
1 July - 30 September No applications to report
1 October - 31 December No applications to report
2014 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 March No applications to report
1 April - 30 June No applications to report
1 July - 30 September  SEPP1 Variations 1 July to 30 September 2014 (pdf)
1 October - 31 December No applications to report
2013 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 March  SEPP1 Variations 1 January to 31 March 2013 (pdf)
1 April - 30 June  SEPP1 Variations 1 April to 30 June 2013 (pdf)
1 July - 30 September No applications to report
1 October - 31 December No applications to report
2012 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 March No applications to report
1 April - 30 June No applications to report
1 July - 30 September   SEPP1 Variations 1 July to 30 September 2012 (pdf)
1 October - 31 December  SEPP1 Variations 1 October to 31 December 2012 (pdf)
2011 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 December No applications to report
2010 Date Range Applications determined under SEPP1*. (Where applications are determined under SEPP1 a copy of the SEPP1 report is provided).
1 January - 31 December No applications to report