Development Control Plans
The name of environment zones has changed to conservation zones
‘As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a planning document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please see Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (nsw.gov.au)’
The zone name conversion is indicated in the Table below.
|Current Name||New Name|
|Zone E1 – National Parks and Nature Reserves||Zone C1 – National Parks and Nature Reserves|
|Zone E2 – Environmental Conservation||Zone C2 – Environmental Conservation|
|Zone E3 – Environmental Management||Zone C3 – Environmental Management|
|Zone E4 – Environmental Living||Zone C4 – Environmental Living|
Lithgow Development Control Plan 2021
Council at its Ordinary Meeting held on 26 July 2021 approved the making of the Lithgow Development Control Plan 2021. This plan came into effect on 1 September 2021.
Council at its Ordinary Meeting held on 25 October 2021 (Minute No 21-244) approved Amendment 1 to Lithgow Development Control Plan 2021. The key amendments to the Plan are as follows:
- Remove Section 1.3(b)
- Insert at the end of Chapter 8 – “Chapter 9 Pottery Estate Precinct”
- Consequential administrative amendments
- Amendments within Chapter 6 to clarify and improve the translation of the Low-Rise Housing Diversity Guide for Development Applications into the document.
These amendments came into effect on 17 November 2021.
Frequently Asked Questions
What is a Development Control Plan (DCP)?
The principal purpose of a development control plan is to provide guidance to persons proposing to carry out development to:
- Give effect to the aims of the Local Environmental Plan that applies to the development.
- Facilitate development that is permissible under the LEP.
- Achieve the objectives of the land zones under the LEP.
The provisions of a development control plan are not statutory requirements but are a head of consideration for development evaluations under S 4.15 of the Environmental Planning and Assessment Act, 1979.
When these controls are consistently applied, they are given weight in Land and Environment Court proceedings.
What are the aims of the Lithgow Development Control Plan 2021?
The overarching aims of this DCP are:
- To implement and support the objective of Lithgow Local Environmental Plan 2014.
- To provide clear and concise development guidelines for various forms of development.
- To promote growth and development in the Lithgow LGA and ensure that is occurs in an
orderly, environmentally friendly, and sustainable manner.
- To ensure positive planning outcomes are maximised for the benefit of the broader community.
When does the DCP apply?
The DCP will apply when making a development application for development consent.
Where does the Lithgow Development Control Plan 2021 apply?
The DCP applies to all land within the Lithgow Local Government Area except for:
- The “deferred matter” area known as the Portland Foundations Site
- The Marrangaroo Urban Release Area
These areas will all have site specific Development Control Plans prepared given the unique circumstances of development in each area and will in time be included in the location specific controls chapter of this DCP.
Can the Lithgow Development Control Plan Controls 2021 be varied?
It is not possible to plan or write controls for all development scenarios. The controls in this DCP have been designed to address common development types and scenarios. However, there will inevitably be situations where strict compliance with controls is not able to be achieved, and or alternate solutions are preferred.
In these cases, Council may vary a control but only where Council has considered a written request from the applicant that seeks to justify the departure by demonstrating:
- Compliance with the control within the DCP is unreasonable or unnecessary in the circumstances of the case; and
- The objectives of the control are met or are sufficiently addressed; and
- There are sufficient environmental planning grounds to justify the departure; and
- The impacts of the non-compliant proposal will not be significantly greater than a compliant proposal or may enhance the outcome.
This provides a degree of flexibility for developments to provide a better design response to specific and unique site constraints/hazards as well as provide for innovative design solutions.
How is the Lithgow Development Control Plan 2021 structured?
The DCP has the following Chapters:
For ease of reference, the Chapters will be colour coded. For any development proposal proponents will need to address the controls in more than one chapter of the DCP depending on the site opportunities and constraints and what type of development proposed.
How are the controls structured?
Objectives (Performance Criteria)
These are located either at the start or in the left-hand column of each element/head of consideration and clearly states what Council is seeking to achieve and the desired outcomes.
These are important and will guide development planning and design. These are required to be addressed should a development seek to vary a control for one or more elements within the DCP.
These are located below the objectives/performance criteria or in the right-hand column of each element/head of consideration. The controls are expressed as acceptable solutions or prescriptive criteria. There is not always an ‘acceptable standard’ provided for all ‘performance criteria’ in which case development will be assessed on its merit and how well it addresses the objectives/performance criteria.