What is a Development Control Plan?
A Development Control Plan (DCP) contains detailed planning and design guidelines for new development, which need to be considered in preparing a Development Application. It comprises a written document together with supporting maps and diagrams.
A DCP supplements the statutory planning and development controls of Local Environmental Plans (LEP). It applies to different types of development such as dwelling houses, residential flat buildings, and also different locations such as business centres. A DCP may also address specific issues such as heritage and sustainability.
DCPs are made by Council in consultation with the community. A DCP will support and supplement (but cannot override or replace) the provisions in an LEP. While DCPs do not have the same level of statutory weight as an LEP, they are an important consideration in the development assessment and approval process.
What is a Local Environmental Plan?
A Local Environmental Plan (LEP) is the main legal document that controls how land is used and developed in a local government area.
An LEP comprises a written instrument and a range of maps. It is made by Council, in consultation with the community, and approved by the NSW Minister for Planning.
Council prepared a draft LEP in 2012 in response to state government requirements. The draft LEP was gazetted as LEP 2012 on 1 February 2013 and commences on 15 February 2013.
Both LEPs and DCPs must be prepared consistent with the NSW Environmental Planning and Assessment Act 1979 requirements.
Why has Council prepared a new draft DCP?
Council has prepared a draft DCP in response to state government planning directions which require that only one DCP apply to any one parcel of land in a Local Government Area.
The draft DCP aligns with the new Randwick LEP 2012 and community feedback from consultations to date.
The draft DCP provides the opportunity to update and consolidate all existing DCPs to remove duplication and to address current and emerging planning issues.
How has Council developed the draft DCP?
To maximise community input on the draft LEP and DCP, Council exhibited six Land Use Discussion Papers during 2010 and 2011 which covered all planning issues. These were an initiative of Randwick Council and over and above Council’s legal requirements for consultation.
The discussion papers addressed Industrial Lands, Special Uses, Randwick Education and Health Specialised Centre, Open Space and Environment, Business Centres and Residential Lands.
The recommendations from the discussion papers and the draft LEP (now gazetted as the Randwick LEP 2012) together with community feedback have largely underpinned the draft DCP.
Key changes requested were to strengthen the quality of new building design, address amenity such as privacy and overshadowing of neighbouring properties, and consider more sustainable measures in building design and water and waste management.
How does the draft DCP compare to Council’s existing DCPs?
Council currently has 26 DCPs as well as 9 planning related Policies. These have been reviewed, updated and consolidated into the draft DCP. Five DCPs are considered to be superseded as the controls are no longer required. The current DCPs can be viewed on Council’s website
When the DCP is made, all existing DCPs and the 9 Policies will be repealed as they are superseded by the DCP.
How does the draft DCP relate to the draft LEP?
State Government planning directions for new LEPs has resulted in some planning controls in Council’s existing LEP being transferred into the new draft DCP.
These controls include: landscaped area, wall heights, and minimum frontages.
What are the key changes introduced by the draft DCP?
The main changes include:
- New guidelines to strengthen the quality of design in new development.
- Strengthened requirements for site and context analysis, to ensure that a building is appropriately sited and designed in the streetscape.
- Strengthened built form and amenity controls for low and medium density residential development including guidance on the maximum area that can be built upon to enhance visual amenity and create more private open space such as gardens.
- Controls that require permeable surfaces to allow rainwater to soak naturally into the ground and stormwater system.
- New adaptable and universal/accessible housing controls to ensure that a proportion of new dwellings are designed and constructed to accommodate changing mobility requirements of residents (e.g. the elderly, disabled people, young families etc).
- New boarding house controls to complement state policy for affordable housing, and enhance amenity for both occupants and neighbours.
Commercial and Industrial Development
- New neighbourhoods centre controls to facilitate active shopping clusters in walkable distance to residents.
- Revised planning and urban design guidelines for Maroubra Beach Commercial Centre resulting from a comprehensive review, to guide future development and enhance the public domain.
- New industrial development controls to facilitate good quality building design, and minimise adverse environmental impacts on surrounding areas.
- New late night trading premises controls to help determine suitable hours of operation, patron capacity and encourage responsible management of high impact uses.
- New controls on the location and design of sex services (brothels) including criteria on health, safety, privacy and noise.
- Updated childcare centre controls with a focus on maintaining acoustic, privacy and visual amenity.
Environment and Sustainability
- New sustainable development controls encouraging environmentally friendly building materials and finishes, and energy and water efficient appliances and fittings in new developments.
- New water management controls to ensure that new development is designed, constructed and maintained to minimise adverse impacts on the natural water cycle. This covers groundwater, stormwater and flood management.
- Revised waste management controls to facilitate sustainable and efficient waste storage, recycling and collection practices during demolition, construction and operation of developments.
- Revised landscaping controls including improved guidance on landscape and water efficient design, location and selection of plant species, and use of green walls and roofs.
- New controls to preserve and manage trees or vegetation with aesthetic, environmental, cultural and heritage significance.
- New sustainable transport controls to support the integration of development with public transport and encourage car share, bicycles and fuel efficient cars.
- New controls for all heritage items and buildings within heritage conservation areas to better guide development suitable to heritage character and significance.
- New guidance to clarify the consent requirements for Aboriginal objects, Aboriginal places of heritage significance and archaeological sites.
- New controls for the Randwick Hospitals Campus and building envelope controls for three sites on or near High Street, Randwick that have been rezoned in the draft LEP Randwick Education and Health Specialised Centre.
What happens after the public exhibition period?
Following the public exhibition all community and stakeholder feedback will be reported to Council for consideration, along with recommended changes to the draft DCP as a result of public consultations.
The Comprehensive DCP, when adopted, will replace all existing DCPs and will amend or replace relevant existing Council policies.
I have already lodged a development application (DA) before the new Randwick LEP 2012. How will my DA be assessed?
All DAs lodged before 15 February 2013 (the date of commencement of Randwick LEP 2012) will continue to be assessed mainly under the existing local planning controls, being Randwick Local Environmental Plan 1998 (Consolidation) and existing Development Control Plans.
I am thinking of lodging a DA soon. How will my DA be assessed?
All DAs lodged on or after the 15 February 2013 (the date of commencement of Randwick LEP 2012) will be assessed mainly under the new the Randwick LEP 2012 and draft Randwick DCP. The draft DCP is on public exhibition until 12 March 2013 and has been prepared to complement the new Randwick LEP 2012.
Council may consider the application under the existing DCPs in special circumstances, if it can be demonstrated that those provisions are compatible with and necessary for any assessment under the new Randwick LEP 2012 and the draft DCP.
For further information, applicants are advised to contact Council’s Strategic Planning Team on (02)9399 0992.