Draft Lithgow Development Control Plan 2021
Council has prepared factsheets to identify the new controls Council proposed to be applied to Low Rise Housing Developments and Ancillary Buildings through the Draft DCP. The factsheets can be downloaded, including links to the controls for each type of low rise housing development that will need to be considered.
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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.
Does Council have any Development Control Plans?
In January 2017, Council repealed all the Development Control Plans in force at the time as these were rendered obsolete and invalid by legislative changes to the EP & A Act, 1979 and the commencement of Lithgow Local Environmental Plan 2014.
Since 2017, Council has been operating under a full merit based assessment system. A DCP will provide greater certainty for all planning developments as well as the community and Council’s development assessment process.
What are the aims of Draft Lithgow Development Control Plan 2021?
- 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?
Where does Draft Lithgow Development Control Plan 2021 apply?
- The “deferred matter” area known as the Portland Foundations Site
- The Pottery Estate Development Area
- 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 Draft Lithgow Development Control Plan Controls 2021 be varied?
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 Draft Lithgow Development Control Plan 2021 structured?
The Draft 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.