What Should Be Included in a Clause 4.6 Variation Report?

If you’re lodging a development application in NSW and your proposal doesn’t comply with a development standard under the local Environmental Planning Instrument, you may need to submit a Clause 4.6 Variation Report.

This report is your formal request to vary a planning control, like building height or floor space ratio, and is a key part of gaining DA approval when non-compliance exists.

Many applicants overlook how critical this document is.

A poorly prepared Clause 4.6 report is one of the most common reasons for council refusal.

At Town Planning Sydney, our planning consultants regularly help clients secure council approval by preparing robust, well-justified variation requests that address the required criteria.

Here’s what should be included in a Clause 4.6 Variation Report, and why it matters.

1. Identify the Standard Being Varied

The first step is clearly identifying which specific planning standard your development breaches.

This might be a building height limit, minimum lot size, or a floor space ratio set out in the Local Environmental Plan (LEP).

The Clause 4.6 report must name the relevant clause and explain the numerical breach.

For example, if the LEP allows a building height of 8.5m and your proposed height is 9.2m, this variation must be clearly stated.

A planning consultant can help determine which standards are triggered and whether a variation is necessary.

NSW planning controls vary by LGA, so local knowledge is essential.

2. Demonstrate Compliance With the Zone Objectives

Council will not support a variation if your proposal undermines the broader objectives of the zone.

Your Clause 4.6 report must show that even though your development does not strictly comply with the control, it still achieves the planning objectives for the land.

For example, if you’re seeking to exceed height limits in a residential zone, you might need to show how the design retains neighbourhood character, manages overshadowing, and enhances the streetscape.

This is where expert planning advice can make a real difference.

We often help clients articulate how their development will complement surrounding properties, even with a non-compliance.

3. Justify Why Strict Compliance Is Unreasonable or Unnecessary

Clause 4.6 requires that you demonstrate why strict compliance with the control is either unreasonable or unnecessary in the circumstances of your development.

This is one of the most important and most misunderstood requirements.

Councils expect a site-specific rationale.

That might include unusual site constraints, existing development patterns, or the need for accessible design.Generic arguments almost always fail.

Our team recently assisted a client whose corner block had a significant slope.

A slight height breach allowed them to avoid excavation that would have impacted stormwater flow.

We prepared a Clause 4.6 report showing why the variation was justified, and the DA was approved without delay.

4. Establish That There Are Sufficient Environmental Planning Grounds

You also need to provide planning grounds that justify the variation.

This might include how the proposal will improve housing choice, encourage good design, or achieve better environmental outcomes.

This section of the report should refer to the NSW planning framework, including relevant objectives in the LEP, SEPPs and design guidelines.

Planning consultants with local council experience can help you tailor this part of the report to meet council expectations.

5. Confirm That There Is Public Interest

Finally, the report must confirm that the proposed variation is in the public interest.

You should explain how the development aligns with broader planning strategies, community goals, or infrastructure provision.

For instance, a variation to allow an extra storey in a walkable town centre may support council’s aim to increase density near transport.

This shows that your development aligns with strategic planning goals, not just private benefit.

Getting a Clause 4.6 variation right is not just about ticking boxes.

It’s about presenting a strong, evidence-based case that aligns with planning objectives and earns council support.

Town Planning Sydney provides expert drafting, planning advice and DA support to help you navigate complex NSW planning rules.

If you're unsure whether your proposal requires a Clause 4.6 variation, or need help getting it approved, speak to a planning consultant who knows the process inside out.