These are known as environmental planning instruments (EPIs) and are important statutory controls for assessing a development application.
Local Environmental Plans (LEPs) such as the Tweed LEPs 2000, 2012 or 2014 contain legal restrictions for the use of land. For example the land use table contained in these instruments sets out what you can and cannot do on your land. If what you want to do is prohibited in the zone, Council cannot grant consent to your application.
LEPs or deemed instruments may contain development standards such as floor space ratio, height limits and others. These are known as statutory standards. Council takes the position that an application should comply with these standards.
If you feel that in your particular situation there is strong justification to depart from a statutory standard you must lodge an objection to the standard under State Environmental Planning Policy No. 1 (a SEPP No. 1 objection). This is an Instrument under the Act that Council must consider before consenting to any DA which is inconsistent with a statutory standard. The SEPP No. 1 objection must be lodged with the development application.
The Land and Environment Court, directions from the State Government and the Act have defined how a SEPP No. 1 objection should be written and how the justification to the departure from the statutory standard in the EPI must be framed.
Should you need to submit a SEPP No.1 objection you will need to obtain the services of a consultant town planner or other land use professionals who are familiar with the requirements of the EPI and SEPP No 1.
In brief however, a SEPP No. 1 objection must support the departure from the statutory standard by identifying the objectives of that standard and resolving whether or not, in the particular circumstances of the case, its strict imposition is reasonable and necessary in terms of those objectives.
Further it will be necessary to demonstrate that the development proposed, despite the departure from the statutory standard, is consistent with the objectives of the Act. Applicants should understand that the grounds put forward for the departure need to be compelling, as Council will view any departures from a statutory standard as a serious matter.