A justification letter is a written statement accompanying a development application that explains where a proposal departs from a deemed-to-comply provision and how the proposal satisfies the corresponding design principle and relevant planning requirements.
What Is a Justification Letter?
A justification letter provides written reasoning for a proposed development where the application does not fully meet an applicable planning requirement.
In the context of residential development in Western Australia, justification may be required where a proposal does not satisfy a deemed-to-comply provision of the R-Codes and instead relies on the corresponding design principle pathway. The application should explain how the proposal addresses the relevant design principle and applicable planning requirements.
When Is a Justification Letter Used?
A justification may be required where a development proposal departs from a deemed-to-comply provision and proceeds through the applicable design principle pathway.
For R-Codes applications, the relevant departure should be identified clearly, together with an explanation of how the proposed design achieves the applicable objectives and design principles.
The exact information required depends on the application, the planning framework applying to the site and the requirements of the relevant decision-maker.
Justification and the R-Codes
The R-Codes provide a deemed-to-comply pathway as well as a design-principle pathway.
Where a proposal does not satisfy a deemed-to-comply provision, the applicant can pursue the applicable design principle pathway. The application must identify the departure and provide justification showing how the proposal satisfies the corresponding design principle and relevant objectives and requirements of the local planning framework.
The decision-maker then undertakes a merit-based assessment of the relevant part of the proposal.
What Does a Justification Letter Usually Address?
Depending on the proposal, a justification letter may explain:
- the planning requirement or design standard that is not being met
- the proposed design response
- the reason for the departure
- relevant site characteristics and constraints
- how the proposal addresses the applicable planning objectives
- how the proposal satisfies the relevant R-Code design principle
- any relevant local planning requirements
Justification Letters and Development Applications
A justification letter is supporting material for a development application rather than a substitute for the application itself.
The development application must still provide the information required by the relevant planning scheme and decision-maker.
Where a departure is being considered, the written justification helps the decision-maker understand the proposed design response and assess whether it meets the relevant planning requirements.
Justification and Site Context
The R-Codes recognise that local neighbourhood character and site conditions may be relevant when explaining why it may not be possible or desirable to satisfy a deemed-to-comply provision and how the proposal satisfies the corresponding design principle.
This means the justification should connect the proposed variation to the actual characteristics and constraints of the site rather than simply arguing that the requested outcome would be preferable.
Kyle Standing’s Perspective on Justification
Kyle Standing’s engineering and drafting background provides context for the relationship between design documentation and planning requirements.
For residential projects, clear drawings and supporting written justification can help communicate how a proposed design responds to the applicable planning framework.
Where a proposal requires consideration of a departure from an R-Code provision, the drawings and written explanation should work together so the decision-maker can understand both the proposed design and the reason for the requested variation.
Related Terms
Justification letters are closely connected with:
- R-Codes
- Development Application
- Building Designer
- Draftsman
- Building Surveyor
- Building Permit
- National Construction Code