Variations to development standards

Development standards for each zone are set out in the Byron Shire Local Environmental Plan 2014 (BLEP2014) and Local Environmental Plan 1988 (BLEP88).

Varying development standards

Ordinarily, development standards cannot be varied. However, an application to vary a development standard can be made under Clause 4.6 of BLEP14 or State Environmental Planning Policy No. 1 (SEPP1).  

Clause 4.6 and SEPP1 provide an appropriate degree of flexibility so a better outcome can be achieved for a proposed development, if the variation is approved.  

There is no automatic right to vary a development standard.  The onus is on the applicant to provide a written justification for the variation to the development standard.

Council's role

When considering whether a variation to a development standard should be granted Council must consider both the mandatory zone objectives as well as any additional objectives. Council must also consider whether non-compliance with the development standard raises any matter of significance for State and regional planning, and the public benefit of maintaining the planning controls adopted by the relevant environmental planning instrument. As part of the consideration, Council examines whether the proposed development is consistent with the State, regional or local planning objectives for the locality.  

All variations to a development standard granted by Council are reported quarterly to the Department of Planning.