Part 3 Development control plans

Division 1 Preparation of development control plans by councils

16   In what form must a development control plan be prepared?

(cf clause 15 of EP&A Regulation 1994)

(1)  A development control plan must be in the form of a written statement, and may include supporting maps, plans, diagrams, illustrations and other materials.

(2)  A development control plan must describe the land to which it applies, and must identify any local environmental plan or deemed environmental planning instrument applying to that land.

17   For what matters may a development control plan provide?

(cf clause 16 of EP&A Regulation 1994)

A development control plan may provide for any matter for which a local environmental plan may provide.

17A   Where specific consultation is required

(1)  This clause applies to the following land:

Land to which Wollondilly Local Environmental Plan 1991 (Amendment No 37)—Camden Park applies (the Camden Park land).

(2)  The initial draft development control plan for land to which this clause applies must:

(a)  contain comprehensive provisions relating to the subdivision of, building on and the landscaping of, that land, and

(b)  include details about colours of, and materials to be used in, the exteriors of buildings, trees to be retained, plantings to be made, fencing and the position of building envelopes and access roads.

(3)  In the preparation of a draft development control plan for the Camden Park land, the council of the area within which the land is situated must consult with the Heritage Office, the Departments of Agriculture and Transport, the National Parks and Wildlife Service and Camden Council.

(4)  An objective of any draft development control plan for the Camden Park land is to assist in achieving the aims of Wollondilly Local Environmental Plan 1991 (Amendment No 37)—Camden Park.

Division 2 Public participation

18   Draft development control plan must be publicly exhibited

(cf clause 17 of EP&A Regulation 1994)

(1)  Following the preparation of a draft development control plan, the council:

(a)  must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan,

(b)  must publicly exhibit at the places, on the dates and during the times set out in the notice:

(i)  a copy of the draft plan, and

(ii)  a copy of any relevant local environmental plan or deemed environmental planning instrument, and

(c)  must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited).

(2)  A draft development control plan must be publicly exhibited for at least 28 days.

19   Copies of draft development control plans to be publicly available

(cf clause 18 of EP&A Regulation 1994)

Copies of the draft development control plan, and of any relevant local environmental plan or deemed environmental planning instrument, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.

20   Who may make submissions about a draft development control plan?

(cf clause 19 of EP&A Regulation 1994)

Any person may make written submissions to the council about the draft development control plan during the relevant submission period.

Division 3 Approval of development control plans

21   Approval of development control plans

(cf clause 20 of EP&A Regulation 1994)

(1)  After considering any submissions about the draft development control plan that have been duly made, the council:

(a)  may approve the plan in the form in which it was publicly exhibited, or

(b)  may approve the plan with such alterations as the council thinks fit, or

(c)  may decide not to proceed with the plan.

(2)  The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.

(3)  Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.

(4)  A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Division 4 Amendment and repeal of development control plans

22   How may a development control plan be amended or repealed?

(cf clause 21 of EP&A Regulation 1994)

(1)  A council may amend a development control plan by a subsequent development control plan.

(2)  A council may repeal a development control plan:

(a)  by a subsequent development control plan, or

(b)  by public notice in a local newspaper of its decision to repeal the plan.

23   Procedure for repealing a development control plan by public notice

(cf clause 22 of EP&A Regulation 1994)

(1)  Before repealing a development control plan by public notice in a local newspaper, the council must give public notice in a local newspaper:

(a)  of its intention to repeal the development control plan, and

(b)  of its reasons for doing so.

(2)  Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.

(3)  The repeal of a development control plan by public notice in a local newspaper takes effect on the date of publication of the notice.

Division 5 Development control plans made by the Director-General

24   Application of Part to development control plans made by the Director-General

(cf clause 23 of EP&A Regulation 1994)

This Part applies to a development control plan prepared under section 51A of the Act, subject to the following modifications:

(a)  a reference to a council is taken to be a reference to the Director-General,

(b)  a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a regional environmental plan.

Division 6 Public access

25   Copies of development control plans to be publicly available

(cf clause 24 of EP&A Regulation 1994)

Copies of the following documents are to be made available to interested persons, either free of charge or on payment of reasonable copying charges:

(a)  any development control plan in force in relation to the council’s area,

(b)  any document referred to in any such development control plan that is held by the council (such as a supporting map, plan, diagram, illustration or other material).

Note. This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.