New South Wales Consolidated Regulations

SHELLHARBOUR LOCAL ENVIRONMENTAL PLAN 2000 - REG 90

90 Exceptions to development standards

(1) The objectives of this clause are as follows--

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that--

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note--: The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(6) Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a)--Rural A Zone, Zone 1 (c)--Rural C Zone, Zone 1 (d)--Rural D (Horticultural) Zone, Zone 7 (a)--Environmental Protection (Wetlands) Zone, Zone 7 (d)--Environmental Protection (Scenic) Zone, Zone 7 (e)--Environmental Protection (Escarpment) Zone, Zone 7 (f2)--Environmental Protection (Foreshore) Zone, Zone 7 (g)--Environmental Protection (Living Area 1) Zone or Zone 7 (h)--Environmental Protection (Living Area 2) Zone if--

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(8) This clause does not allow development consent to be granted for development that would contravene any of the following--

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.