You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2000 - 557)
Environmental Planning and Assessment Regulation 2000
Current version for 1 October 2017 to date (accessed 23 November 2017 at 04:00)
Part 3
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17, 17A   (Repealed)
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.
21A   Approval of development control plans relating to residential apartment development
(1)  The council must not approve a draft development control plan (including an amending plan) containing provisions that apply to residential apartment development unless the council:
(a)  has referred the provisions of the draft development control plan that relate to design quality to the design review panel (if any) constituted for the council’s local government area (or for 2 or more local government areas that include the council’s area), and
(b)  has taken into consideration:
(i)  any comments made by the design review panel concerning those provisions, and
(ii)  the matters specified in Parts 1 and 2 of the Apartment Design Guide.
(2)  This clause extends to a plan the preparation of which commenced before the constitution of the design review panel.
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.
22A   Amendment or revocation of development control plan at Minister’s direction
(1)  This clause applies if the Minister directs a council under section 74F of the Act:
(a)  to revoke a development control plan, or
(b)  to amend a development control plan and the direction specifies that the amending plan is not required to be exhibited.
(2)  The council may amend or revoke the development control plan by making a development control plan.
(3)  The council must give public notice in a local newspaper of the making of the development control plan not later than 14 days after making the plan.
(4)  Notice of a development control plan to revoke a development control plan must specify the following:
(a)  the date the council made the plan and when the plan takes or took effect,
(b)  the name of the plan that is to be revoked.
(5)  Notice of a development control plan to amend a development control plan must specify the following:
(a)  the date the council made the plan and when the plan takes or took effect,
(b)  the name of the plan that is to be amended,
(c)  that the amendment is in accordance with a direction under section 74F of the Act.
(6)  The development control plan comes into effect on the date that the notice is given, or 14 days after the council makes the development control plan, whichever occurs first.
(7)  Clauses 18, 21, 21A, 22 and 23 do not apply to a development control plan made under this clause.
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 Secretary
24   Application of Part to development control plans made by the Secretary
(cf clause 23 of EP&A Regulation 1994)
This Part applies to a development control plan prepared by the Secretary, as the relevant planning authority, under section 74C of the Act, subject to the following modifications:
(a)  a reference to a council is taken to be a reference to the Secretary,
(b)  a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a State environmental planning policy.
Division 6 Miscellaneous
25   Additional information requested by relevant planning authority
(1)  If an environmental planning instrument requires or permits a development control plan to be prepared and submitted to the relevant planning authority, the planning authority may request the owners (as referred to in section 74D of the Act) who are submitting the plan to provide the planning authority with such additional information as the planning authority considers necessary for the purposes of making the plan.
(2)  Any such request is to be in writing.
(3)  The information that the relevant planning authority may request is limited to information relating to any relevant matter referred to in an environmental planning instrument.
(4)  In accordance with section 74D (6) of the Act, the 60-day period referred to in section 74D (5) of the Act may be extended by the number of days from the day on which the request for the information was made until the day on which the information is provided or on which the owners refuse to supply the information (whichever is the sooner).
(5)  If the owners refuse to supply the requested information, the development control plan is taken not to have been submitted to the relevant planning authority.
25AA   Assessment and preparation fees
(1)  If a draft development control plan under section 74D of the Act is prepared (and submitted to the relevant planning authority) by the owners of the land to which it applies, the owners must pay the relevant planning authority an assessment fee as determined by the planning authority.
(2)  If any such draft development control plan is prepared by the relevant planning authority at the request of the owners (or the percentage of the owners as referred in section 74D (3) of the Act), those owners must pay the planning authority a preparation fee as determined by the planning authority.
(3)  Any such assessment or preparation fee must not exceed the reasonable cost, to the relevant planning authority, of assessing or preparing the draft development control plan, carrying out any associated studies and publicly exhibiting the draft plan.
(4)  If there is more than one owner of the land to which the draft development control plan applies, the fee concerned is to be apportioned between them as the relevant planning authority determines.
(5)  If the Minister, in accordance with section 74D (5) (b) of the Act, acts in the place of a council to make the development control plan concerned, the council must, if directed by the Minister to do so, forward to the Minister any assessment or preparation fee that has been paid to the council in relation to that plan.
(6)  Any assessment or preparation fees payable under clause 272, 273, 273A, 274A or 274B (as in force before their repeal by the Environmental Planning and Assessment Amendment (Planning Instruments and Development Consents) Regulation 2005) are taken to be fees (as determined by the relevant planning authority concerned) payable under this clause. If, under any such repealed clause, a lessee was liable to pay a fee, a reference in this clause to the owner of the land extends to any such lessee.
25AB   Councils to provide copies of development control plans to Secretary
A council must, within 28 days of making a development control plan, provide the Secretary with a copy of the plan.
25AC   Purchase of copies of development control plans
Copies of a development control plan (including any document referred to in a development control plan such as a supporting map, plan, diagram, illustration or other material) are to be made available for purchase from the principal office of the relevant planning authority that prepared the plan.
Note.
 Under section 74E (4) of the Act, a development control plan must be available for inspection (without charge) at the principal office of the relevant planning authority that prepared the plan.
The above clause does not require the relevant planning authority 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.
25AD   Further transitional provisions: 2005 Amending Act
(1)  In this clause:
deemed DCP means a master plan, in force under a provision of an environmental planning instrument immediately before the relevant commencement, that is taken to be a development control plan under section 74D of the Act because of clause 95 of Schedule 6 to the Act, and includes a master plan that is taken to be a development control plan as provided by subclause (4).
relevant commencement means the date on which Schedule 2 to the 2005 Amending Act commences.
(2) Effect of section 74C on deemed DCPs Section 74C (2) and (5) of the Act (as inserted by the 2005 Amending Act) does not render invalid any deemed DCP until such time as the principal local environmental planning instrument applying to the land concerned adopts the applicable mandatory provisions of the Standard Instrument.
(3) Amendment of deemed DCPs A deemed DCP may be amended or revoked only in accordance with the procedures provided in relation to the making of the master plan by the environmental planning instrument under which it was made. Accordingly, section 74C (4) of the Act does not apply in relation to a deemed DCP.
(4) Pending master plans Any master plan lodged under a provision of an environmental planning instrument but not made or adopted as at the relevant commencement may, after that commencement, proceed to be made or adopted as if the amendments made to the Act and this Regulation by Schedules 2 and 7.3 to the 2005 Amending Act had not been made. Once it is made or adopted, the master plan is taken to be a development control plan under section 74D of the Act.