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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 28 January 2020 at 00:30) Current version
Part 3 Division 4 Section 72
72   Development control plans
(1)  If a council considers it necessary or desirable:
(a)  to provide more detailed provisions than are contained in a local environmental plan or a draft local environmental plan in respect of a part or parts of the land to which that plan or draft plan applies, or
(b)  to identify development as advertised development, or
(c)  to provide for the notification or advertising to the public, a section of the public or specified persons of a development application for specified development (other than designated development or advertised development) or an application for a complying development certificate, or
(d)  to specify criteria, in addition to any criteria that may be specified in the regulations, that it is to take into consideration in determining whether or not to give an order under Division 2A of Part 6,
it may prepare or cause to be prepared a development control plan.
(1A)  A provision of a kind to which subsection (1) (b) applies may add to or extend, but not replace or reduce, the provisions of the regulations concerning the notification and advertising of development applications and the making of submissions relating to advertised development.
(1B)  If a council makes a development control plan that specifies criteria that it is to take into consideration in determining whether or not to give an order under Division 2A of Part 6, the criteria may add to, but must not be inconsistent with, any criteria that may be specified in the regulations.
(2)  The format, structure, subject-matter and procedures for the preparation, public exhibition, approval, amendment and repeal of such a development control plan shall be as prescribed.
(3)  Such a development control plan shall generally conform to the provisions of the local environmental plan or the draft local environmental plan which applies to the land to which the development control plan applies.
(4)  A development control plan prepared in accordance with this section shall be available for public inspection, without charge, at:
(a)  the office of the council during ordinary office hours, and
(b)  such other premises operated or controlled by the council and at such times as may be prescribed.