Draft Foundations Development Control Plan (DCP) (April 2023)

Jun 8, 2023


Exhibition Period

8 June 2023 – 7 July 2023

Draft Foundations Development Control Plan Documents

Other Relevant Documents

Who is Listening?

Sherilyn Hanrahan

Strategic Land Use Planner

Christian Matthew

Strategic Land Use Planner

Lithgow City Council

(02) 6354 9999

The Foundations site is an industrial legacy site (being the former Portland Cement Works). Since taking control of the site in 2014, the owners of the site have been working proactively to activate and plan for the repurposing and re-development of the site.

It was rezoned in April 2022 to a mix of employment, residential and recreational zoning and was designated as an Urban Release Area.

The Foundations Group have undertaken a place-led design approach to underpin the planning controls proposed for the area. This has presented some challenges and will require Council’s officers to work more closely with the proponent to try and reconcile the divergence of current standards, controls, and practices against the more innovative place-led controls.

This further collaboration will be undertaken within the public exhibition period to address concerns in relation to key elements such as street design and standards, residential density targets/bands, some built form and environmental controls.


What is on Exhibition?

Draft DCP prepared by the owners of the Foundations Site Portland (former Portland Cement Works)

Council at its Ordinary Meeting of Council held on 22 May 2023 (Min 23-92) resolved to place Draft Foundations DCP 2023 on public exhibition.

This public exhibition includes an option for this DCP to be an amendment to Lithgow DCP 2021 by inserting site-specific controls into a new chapter (10) of that DCP.  This would occur by consequential amendments to Lithgow DCP 2021.


How do I make a submission

Should any person or group group wish to make a submission on the Planning Proposal, it should be in writing and be received by 4.30pm on 7 July 2023.

Submissions should be addressed to: Lithgow City Council, PO Box 19 LITHGOW NSW 2790, quoting reference DCP FP 23 or by emailing quoting reference DCP FP 23 to council@lithgow.nsw.gov.au.

Alternatively, you can make an Online Submission.

Disclosure of Political Donations and Gifts

The Environmental Planning and Assessment Act 1979 requires the public disclosure of donations or gifts when lodging or commenting on development proposals. This law is designed to improve the transparency of the planning system.

The laws set out disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of:

  • various types of development proposals
  • requests to initiate environmental planning instruments or development control plans.

These disclosure requirements apply at the time of lodgement to councils or the NSW Government. It is the responsibility of the applicant to ensure they have met the requirements specified under the Act. Disclosure requirements also apply to individuals or entities lodging submissions in objection or support to these types of proposals.

To determine whether the reporting requirements apply to you please review the “Disclosure of Political Donations and Gifts Guideline (2008) found here: https://www.planning.nsw.gov.au/assess-and-regulate/development-assessment/planning-approval-pathways/donations-and-gift-disclosure

If you have any political donations or gifts to report please include within your written submission.

Frequently Asked Questions


What is a Development Control Plan (DCP)?
A development control plan provides detailed planning and design guidelines to support the planning controls in the Lithgow Local Environmental Plan, 2014.

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.

When and where does Foundations DCP apply?
The DCP will apply to the Urban Release Area as mapped in Lithgow LEP Map URA_002.

It will apply when making a development application for development consent on land outlined in red in the Figure below:

At present the Draft Foundations DCP has been prepared as a stand-alone DCP to apply to this site.

Council is reviewing the option to integrate this Draft DCP within Lithgow Development Control Plan 2021.  This would involve the option to separate the site-specific controls for this site as Chapter 10 of Lithgow 2021.  The generic controls of Lithgow DCP 2021 would also apply to the site.  In the event of any inconsistency between Chapter 10 and requirements within Chapter 1-8 of the Lithgow DCP 20-21 the provision of Chapter 10 would prevail.

Why is Foundations Development Control Plan required?

Upon rezoning of the site in April 2022, the site became an Urban Release Area within Lithgow Local Environmental Plan 2014 which triggers Part 6 of the LEP.

To ensure development of land in an urban release area occurs in a logical and cost-effective manner, Clause 6.3 requires a development control plan to be prepared for the land prior to any major development on the site.

Clause 6.3 of the LLEP 2014 requires the Urban Release Area DCP’s to address the following matters:

(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,

(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d)  a network of active and passive recreation areas,

(e)  stormwater and water quality management controls,

(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(g)  detailed urban design controls for significant development sites,

(h)  measures to encourage higher density living around transport, open space and service nodes,

(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

What does Foundations DCP seek to achieve?

The principal aims of the Foundations DCP are listed as follows:

▪ To enable the delivery of environmentally, economic and socially sustainable development;

▪ To promote innovative and flexible development that will relate to its surroundings both man- made and natural;

▪ To provide high quality design and amenity for all development;

▪ To facilitate the creation of publicly accessible open space areas;

▪ To create the Foundations as a vibrant and active mixed-use community;

▪ To provide connections to required services to meet the future needs of the Precinct;

▪ To enhance and protect key environmental features, cultural and Indigenous heritage of the area.

▪ Provide a diversity of housing options from larger lots to the north of the site to suit the landscape and terrain through to smaller lot typologies in the centre of the site that do not impact the character of existing surrounding areas.

▪ Integrate new commercial land uses and spaces and adaptive re-use of heritage buildings to activate the southern areas near the existing town centre.

▪ To ensure development is guided by the principles of Crime Prevention through Environmental Design.

▪ Provide legible pedestrian links to the surrounding areas.

▪ Physically connect with the lakes where possible with recreation and communal amenity.

▪ Enhance and protect view corridors to water bodies and landscape features.

▪ Protect significant vegetation clusters and create pocket parks with green emphasis.

▪ Treat the water’s edge sensitively and ensure unbroken communal access.

▪ Weave built form into natural topography and minimise visual impacts of cut/ fill.

Can the planning controls within Foundations Development Control Plan 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.

Submission Form

If you would like to make a submission to Council regarding the Draft Draft Foundations Development Control Plan (DCP) (April 2023) please complete the form below Please select a valid form.

Enquiry Form

If you would like to be contacted by Council to further discuss the Draft plan, please complete the form below. Please select a valid form.