Environmental Planning and Assessment Act 1979 No 203
74D Development control plans required or authorised by
environmental planning instruments
(1) An environmental planning instrument may require or permit a
development control plan to be prepared before any particular development or
kind of development may be carried out (and make provision with respect to the
preparation and content of any such plan).
(2) Any such development control plan may outline the development of
all the land to which it applies.
(3) Any such development control plan may be prepared (and submitted
to the relevant planning authority) by the owners of the land to which it
applies or by such percentage of those owners as the environmental planning
instrument concerned allows. A person authorised by those owners may act on
their behalf for the purposes of this subsection.
(4) The relevant planning authority may make a development control
plan submitted to it under this section, including with such changes as it
(5) If the relevant planning authority refuses to make a development
control plan submitted to it under this section (or delays by more than 60
days to make a decision on whether to make the plan):
(a) the owners may make a development application despite the
requirement of the environmental planning instrument concerned for the
preparation of a development control plan, or
(b) the Minister may act in the place of the relevant planning
authority to make the plan (with or without modification), but only if the
environmental planning instrument concerned authorises the Minister to do
(6) The regulations may extend the period of 60 days referred to in
subsection (5) in connection with any failure by the owners to provide further
information required by the relevant planning authority for the purposes of
making the plan.
Note. Section 83C provides that a staged development application may be
made for development requiring consent under Part 4 as an alternative to a
development control plan required by an environmental planning