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Varying Development Standards
What if my DA doesn't comply with a guideline or control?
1) If your DA does not comply with the development standards laid out in PLEP 1993 or a State Environmental Planning Policy (SEPP) you will need to show Council that there are special circumstances which warrant variation of the control. Council's authority to do this is laid out in SEPP No 1, and you will need to lodge a SEPP 1 Objection. There are guidelines which must be followed when making an objection.
2) If you DA does not comply with the controls found in the Pittwater 21 DCP, Council has the power to vary the controls if special circumstances or merits of the proposal warrant it. This is not a SEPP No 1 objection, and justification for non-compliance should be included in the required Statement of Environmental Effects.
Varying from the PLEP 1993 or any part of the Pittwater 21 DCP is not taken lightly. It is the responsibility of the applicant to:
- demonstrate an understanding of the purpose of the control
- satisfy Council that the intend of the control will still be met despite non-compliance
- indicate the special circumstances that warrant variation of the control
Examples of when a SEPP 1 objection may be required:
- Subdivision - where you propose a lot size less than the minimum standards set out in Division 1 of PLEP 1993
- Dual occupancy - where you don't meet the standards set out in clause 21H of PLEP 1993
- Construction such as boatsheds, pools, decks etc between the foreshore and the foreshore building line as set out in Part IV Clause 7 (4) of Model Provisions 1980 in PLEP 1993
Updated: 01 Sep 2011