SEPP1 - Variation of Development Standards

Request for a variation of development standards under State Environmental Planning Policy No. 1 (SEPP1).

Under NSW planning legislation a person who has lodged a development application may, under the provisions of SEPP1, request that development standards be varied. A development standard is generally defined as a numerical standard contained in a gazetted planning instrument (usually a Local Environmental Plan).

A SEPP1 application must address the following:

1. Include the following information:
   Applicants Name, Address, Proposed Development, Date
2. Address the following questions:
   1. Development standard(s) in question (refer to clause in LEP)
   2. What is the underlying object or purpose of the Standard?  How does a variation not adversely affect this standard? The objectives for any clause can be found in part 3 of the North Sydney LEP 2001.
   3. Is Compliance with the standard consistent with the aims of the policy? Does compliance hinder the objects of the EPA Act 1979. The objects of the EPA Act 1979 can be found in Clause 5 of the EPA Act 1979.
   4. Why Compliance with the standard is unreasonable or unnecessary. What are the special circumstances in this case?
3. The SEPP1 application must be signed by the person making the application

Note 1. Disclaimer: this advice sets out the legally required format for seeking a variation under SEPP1. Submitting a SEPP1 objection does not imply that a variation to the development standard will be granted, or that North Sydney Council will support the proposal.

Note 4. A separate SEPP1 application is to be lodged for each variation sought. The SEPP1 should be lodged with the development application.

Note 5. SEPP1 cannot be applied to a development or land use that is prohibited.

Note 6. For more information about SEPP1 go to: www.legislation.nsw.gov.au and refer to 'planning instruments'