planning controls
📖 O que é planning controls? Significado e conceito
Planning controls are a set of regulations that determine what kind of development is allowed on a property, how it can be built, and what it must consider. These controls are often found in documents like Local Environmental Plans (LEPs), which divide areas into zones, such as 'Low Density Residential' (R2 Zone). Each zone has specific objectives that a consent authority, like a council, must consider when deciding on a development application. For example, an R2 zone might aim to provide housing while maintaining residential amenity and allowing services for residents.
When someone wants to build or change something on their land, their proposed development must comply with these planning controls. This includes aspects like the permissible uses for the land (e.g., whether a child care centre is allowed in a residential zone), the height of buildings, their bulk and scale, and potential impacts on neighbours such as view loss, overlooking, and overshadowing. If a development does not align with these controls, it can be a reason for rejection.
The purpose of planning controls is to manage development in a way that benefits the community, protects the environment, and maintains the character and amenity of an area. They provide a framework for councils to assess development applications, ensuring that new constructions or changes are appropriate for their location and do not negatively impact the surrounding properties or the broader community.
📋 Requisitos
- The development must be permissible with consent in the relevant zone (e.g., Zone R2 – Low Density).
- The consent authority must consider the objectives for development in that zone.
- The development needs to comply with council's planning controls regarding aspects like view loss, bulk, scale, overlooking, and overshadowing.
- The proposed development must be consistent with the relevant Local Environmental Plan.
📝 Procedimento
- A development application is submitted to the consent authority (e.g., local council).
- The consent authority assesses the application, having regard to the objectives for development in the relevant zone.
- The consent authority considers whether the development complies with planning controls regarding impacts on neighbouring properties.
- The consent authority determines whether to grant or reject the development application, potentially with conditions.
💡 Exemplos
- A proposal to build a child care centre in a low-density residential zone would be assessed against the zone's objectives, which include providing services for residents while maintaining residential amenity.
- A development application for a multi-storey building would be scrutinised for its consistency with planning controls related to height, bulk, scale, and potential visual impact on the surrounding area.
- A homeowner's plan to extend their house might be challenged if it significantly obstructs a neighbour's iconic harbour views, as this would be assessed against planning controls on view loss.
- A proposed townhouse development adjoining an existing residential area would need to ensure it does not compromise the amenity of the surrounding area, as per the zone's objectives.
📚 Base legal
- Environmental Planning and Assessment Act 1979
- Hurstville Local Environmental Plan 2012
- Campbelltown (Urban Area) Local Environmental Plan 2002
❓ Perguntas frequentes
What is a 'zone' in planning controls?
A 'zone' is a specific area of land identified in a Local Environmental Plan (LEP) that has particular rules about what can be built or done there. For example, 'Zone R2 – Low Density' indicates an area primarily for low-density residential housing.
Why do planning controls matter for my property?
Planning controls dictate what you can and cannot do with your property, such as building a new structure, changing its use, or subdividing land. They ensure that development is appropriate for the area and doesn't negatively impact neighbours or the community.
Can I build anything I want on my land if it's in a residential zone?
No, even within a residential zone, there are specific planning controls. For instance, while a child care centre might be permissible with consent in an R2 zone, it still needs to meet the zone's objectives and other council requirements.
What happens if my development doesn't comply with planning controls?
If your development doesn't comply, the council may reject your application. Issues like excessive height, bulk, scale, or negative impacts such as view loss or overshadowing can lead to non-compliance and refusal.
Where can I find the planning controls for my property?
The planning controls for your property are typically found in your local council's Local Environmental Plan (LEP) and other relevant development control plans. You can usually access these documents through your local council's website.
Can planning controls be changed?
Planning controls are set by local councils and can be amended through a formal process, often involving public consultation. However, this is a complex process and not something an individual can easily change for a single development.