development control plan
📖 O que é development control plan? Significado e conceito
Development Control Plans (DCPs) are important planning instruments used by local councils in Australia to manage how land is developed. They provide specific rules and objectives that guide decisions on development applications, such as those for dwelling houses, dual occupancies, or multi-unit housing. For example, a DCP might set out requirements for maximum excavation depth, building footprint, side setbacks, and floor space ratios, as seen in the Waverley Development Control Plan 2010.
DCPs work in conjunction with broader planning policies like Local Environmental Plans (LEPs) and State Environmental Planning Policies (SEPPs). They offer more detailed guidance than these higher-level documents, addressing particular aspects of development that affect the character of an area, streetscape, or local infrastructure like road capacity and drainage. Compliance with a DCP's controls is a key consideration when a council assesses a development application.
Changes to a DCP can significantly impact ongoing development proceedings. For instance, if a council amends a DCP, it might lead to a development application no longer complying with the new requirements, potentially causing an applicant to discontinue their proceedings. This highlights the dynamic nature of planning controls and their direct relevance to anyone undertaking development.
📋 Requisitos
- Compliance with maximum excavation depth controls
- Adherence to building footprint and side setback controls
- Meeting specified floor space ratio requirements
- Consideration of impacts on local street systems during construction
- Addressing objectives related to the character of the area and streetscape
📝 Procedimento
- A development application is lodged with the local council.
- The council assesses the application against the relevant Development Control Plan (DCP) requirements.
- The assessment considers factors like excavation, floor space ratio, and impact on local infrastructure.
- If the proposed development does not comply with DCP controls, it may be refused or require modifications.
- Applicants may appeal a council's refusal, leading to a hearing where DCP compliance is a key issue.
💡 Exemplos
- A homeowner's proposed alteration to their house was not approved because the increased basement excavation was contrary to the local Development Control Plan's rules on excavation depth and would generate too many heavy vehicle movements.
- A multi-unit housing development application was assessed against the Parramatta Development Control Plan 2001 and 2005, considering its impact on the streetscape, character of the area, and road capacity.
- A developer had to discontinue their legal proceedings because the local council amended its Development Control Plan, making their proposed project non-compliant with the new rules.
- A proposed development exceeded the floor space ratio permitted by the local Development Control Plan, leading to its refusal by the council.
📚 Base legal
- Environmental Planning and Assessment Act 1979
❓ Perguntas frequentes
What is the main purpose of a Development Control Plan?
The main purpose of a DCP is to provide detailed planning and design guidelines for specific types of development within a local area, ensuring that new constructions align with local objectives and character.
How does a Development Control Plan affect my development application?
Your development application will be assessed against the specific controls and objectives outlined in the relevant DCP. Non-compliance with these controls, such as those for excavation or floor space ratio, can lead to your application being refused or requiring significant changes.
Can a Development Control Plan change?
Yes, Development Control Plans can be amended by the local council. Changes to a DCP can impact ongoing development applications or approved projects, sometimes requiring adjustments or even leading to the discontinuance of proceedings if the project no longer complies.
Is a Development Control Plan the only planning document I need to consider?
No, while a DCP provides detailed guidance, you also need to consider broader planning instruments like Local Environmental Plans (LEPs) and State Environmental Planning Policies (SEPPs), as these set the overarching framework for development.
What happens if my proposed development doesn't comply with the DCP?
If your proposed development doesn't comply with the DCP, the council may refuse your application. You might need to modify your plans to meet the DCP requirements, or in some cases, you may be able to appeal the council's decision.
Where can I find the Development Control Plan for my area?
You can typically find the relevant Development Control Plan on your local council's website. It's important to ensure you are consulting the most current version of the DCP.