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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 25 August 2017 to date (accessed 20 September 2017 at 04:46)
Part 3 Division 6
Division 6 Development control plans
74B   Definition (DCPs)
(1)  In this Division:
relevant planning authority, in relation to any matter, means the council of the area to which the matter relates or the Secretary. However, the council is not the relevant planning authority in relation to a SEPP and the Secretary is not the relevant planning authority in relation to a LEP for which a council is the relevant planning authority under Division 4.
(2)  A reference in this Division to an environmental planning instrument includes a reference to any such proposed instrument.
74BA   Purpose and status of development control plans
(1)  The principal purpose of a development control plan is to provide guidance on the following matters to the persons proposing to carry out development to which this Part applies and to the consent authority for any such development:
(a)  giving effect to the aims of any environmental planning instrument that applies to the development,
(b)  facilitating development that is permissible under any such instrument,
(c)  achieving the objectives of land zones under any such instrument.
The provisions of a development control plan made for that purpose are not statutory requirements.
(2)  The other purpose of a development control plan is to make provisions of the kind referred to in section 74C (1) (b)–(e).
(3)  Subsection (1) does not affect any requirement under Division 3 of Part 4 in relation to complying development.
74C   Preparation of development control plans
(1)  The relevant planning authority may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable:
(a)  to provide the guidance referred to in section 74BA (1), or
(b)  to identify development as advertised development (so as to make additional but not inconsistent requirements to those imposed by the regulations in relation to development applications), or
(c)  to provide for (or exclude) public or particular advertising or notification of any of the following:
(i)  a development application for specified development (other than State significant development or designated development or advertised development),
(ii)  a request for the review of a determination of a development application where the applicant for review makes amendments to the development described in the original development application,
(iii)  an application for the modification of a development consent for specified development (including advertised development but not State significant development or designated development), or
(iv)    (Repealed)
(d)  in the case of a council—to specify criteria (in addition to but not inconsistent with any criteria prescribed by the regulations) that the council is to take into consideration in determining whether or not to give an order under Division 2A of Part 6, or
(e)  to make provision for anything permitted by this Act to be prescribed by a development control plan.
Note.
 See for example section 26 (4) (a).
(2)  Only one development control plan made by the same relevant planning authority may apply in respect of the same land. This subsection does not apply to:
(a)  a plan prepared for the purposes of subsection (1) (d) or for any other purpose prescribed by the regulations, or
(b)  a plan prepared for the purpose of amending an existing plan.
If this subsection is not complied with, all the development control plans concerned have no effect.
Note.
 A planning authority may prepare one development control plan for the whole of its area or one plan for each precinct or locality in its area, or prepare one plan for a site (and exclude that site from the area to which other plans apply).
(3)  A development control plan may adopt by reference the provisions of another development control plan.
(4)  A development control plan may amend, substitute or revoke another development control plan.
(5)  A provision of a development control plan (whenever made) has no effect to the extent that:
(a)  it is the same or substantially the same as a provision of an environmental planning instrument applying to the same land, or
(b)  it is inconsistent or incompatible with a provision of any such instrument.
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 thinks fit.
(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 so.
(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 concept 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 instrument.
74E   Miscellaneous provisions relating to development control plans
(1)  The regulations may make provision for or with respect to development control plans, including:
(a)  the form, structure and subject-matter of development control plans, and
(b)  the procedures for the preparation, public exhibition, making, amendment and repeal of development control plans, and
(c)  the fees payable to the relevant planning authority by owners submitting draft development control plans under section 74D.
(2)  The staged repeal program under section 33B may be extended to development control plans, and for that purpose a reference in that section to an environmental planning instrument is taken to include a reference to a development control plan.
(3)  An environmental planning instrument may exclude or modify the application of development control plans in respect of land to which the instrument applies (whether the plan was prepared before or after the making of the instrument).
(4)  A development control plan must be available for public inspection (without charge):
(a)  at the principal office of the relevant planning authority that prepared the plan, and
(b)  in such other manner as is prescribed by the regulations.
74F   Minister may direct councils with respect to development control plans
(1)  The Minister may, subject to the regulations (if any), direct a council to make, amend or revoke a development control plan in the time and manner specified in the direction.
(2)  A council to which a direction is given under this section must comply with the direction in accordance with its terms.
(3)  If a council fails to comply with a direction of the Minister under this section, the Minister may make, amend or revoke the development control plan as if the Minister were the council.
(4)  A development control plan made, amended or revoked by the Minister under this section has effect, or ceases to have effect as the case may be, as if it were made, amended or revoked by the council.
(5)  The Minister in making, amending or revoking a development control plan under this section is not subject to the regulations.
(6)  Section 74C (2) does not apply to development control plan made by or at the direction of the Minister under this section.