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. Council’s current DCP 2013 can be found on Council’s website.

    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. The current Randwick LEP 2012 is available on the Legislation website.

    The Council endorsed Comprehensive LEP is currently being reviewed by the Department of Planning and Environment.  

    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?

    The comprehensive DCP review seeks to update the 2013 Randwick DCP to improve the alignment of the DCP to strategic Council policies, evolving design and sustainability expectations over the past decade and to provide more detailed guidance to changes included within the Comprehensive Planning Proposal (CPP).  

    The CPP includes a range of amendments to the Randwick Local Environmental Plan (LEP) 2012 in accordance with Council’s Local Strategic Planning Statement (LSPS), the policy approach of the State Government’s strategic planning framework and Standard Instrument LEP. The CPP was endorsed by Council at Extra Ordinary Council meetings on 30 August and 6 September 2022 and was submitted to the Department of Planning and Environment (DPE) for legal drafting and finalisation in mid-September 2022.

    The draft DCP aligns with the new Randwick LEP 2012 and community feedback from consultations to date.

    How has Council developed the draft DCP?

    A comprehensive review of the Randwick DCP 2013 will be progressed in two stages.  Each stage will be reported to Council and exhibited separately. Stage 1 includes changes to the 4 new housing investigation areas located in Randwick and Kingsford and revised controls for low density residential development including attached dual occupancies. Stage 1 also contains guidance for a new Heritage Conservation Area (HCA), being the Edgcumbe Estate Conservation Area in Coogee and changes to the boundary of an existing HCA, being the Moira Crescent Conservation Area. Also included in Stage 1 are administrative changes to Part B2 Heritage and Part E2 Randwick Education and Health Specialised Centre.

    What are the key changes in the Stage 1 DCP?

    The Stage 1 Draft DCP is a combination of brand new controls and amendment to existing controls. You can read about the key Stage 1 DCP changes in our Information sheets here: 

    DCP Overview Information Sheet 

    C1 Low Density DCP Information Sheet 

    E7 Housing Investigation Areas DCP Information Sheet 

    Why has Council adopted the Stage 1 DCP provisions as interim policy?

    At the Council meeting of 22 November 2022, Council resolved to endorse the Stage 1 Draft DCP update as an interim policy to enable new development applications to be assessed against tailored controls for sites that are affected by LEP amendments. The interim policy will take effect from the date of gazettal of the Comprehensive LEP.

    What is covered in Stage 2 of the DCP review?

    Stage 2 will involve review of all remaining parts of Randwick DCP 2013 to ensure the controls align with Council’s strategic directions and to address the evolution in design expectations over the past decade. 

    The Stage 2 Draft DCP will be reported to Council for endorsement in April/May 2023, with public exhibition to follow in mid-2023.

    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 Comprehensive Randwick LEP. How will my DA be assessed?

    Any DAs lodged prior to the date of commencement of Comprehensive Randwick LEP will continue to be assessed as follows:

    • the existing local planning controls, being Randwick Local Environmental Plan 2012 
    • the amended Randwick Local Environmental Plan 2012, as per the CPP 
    • existing Development Control Plans; and
    • the Interim DCP controls for Stage 1 found here.

    I am thinking of lodging a DA soon. How will my DA be assessed?

    All DAs lodged on or after the date of commencement of the Comprehensive Randwick LEP will be assessed primarily under the new the Randwick LEP, Interim Stage 1 DCP and existing Randwick DCP 2013. The draft DCP is on public exhibition until mid February 2023. 

    Where there is an inconsistency between the current DCP and the Interim Controls, 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 Comprehensive Randwick LEP and the draft DCP.

    What are the Housing Investigation Areas (HIAs)?

    Housing Investigation Areas (HIAs) are four areas within the suburbs of Randwick and Kingsford that have been identified as suitable locations to provide additional housing over the next 10 years. These areas were identified by the Randwick Housing Strategy (2020) and to contribute towards the 6-10 year (2021-26) housing capacity and towards housing diversity for the Randwick City community.

    Will my property be acquired by the Government under compulsory acquisition laws if I live within a Housing Investigation Area?

    No. The draft DCP provides detailed planning controls for the HIAs to ensure a built outcome that is high quality in planning, architectural and landscape design and in environmental sustainability. The new planning controls do not include any mechanisms for compulsory acquisition of land to deliver future housing, and the NSW Government has not expressed any intention to acquire land within the HIAs to deliver future housing. 

    In NSW, cases of compulsory acquisition arise when Government agencies acquiring privately owned land for a specific public purpose. Examples of public purpose projects include public transport, roads, schools, hospitals and parklands. These projects improve services for the community and provide infrastructure for the state's growing population.

    Will I be forced to sell my home if I live within a Housing Investigation Area?

    No. The draft DCP provides detailed planning controls for the HIAs to ensure a high quality design and environmental outcome is realised. If a landowner wishes to redevelop their property to the new building height and density (upon finalisation of the LEP legislative amendments), redevelopment in the HIAs is subject to the submission of a development application to Council.

    There is no requirement for property owners to sell or redevelop their properties. If you live in a strata building, the collective sales process may allow a body corporate or owners corporation to sell and redevelop their property if 75% or more of the owners agree.

    My property is included in a Heritage Conservation Area – what does this mean?

    If your property is located in a Heritage Conservation Area (HCA), it means that the area has been independently recognised and assessed (using NSW Government criteria) as having particular significance to the community of Randwick City, and that the property is included under Schedule 5 of RLEP 2012 and identified on the accompanying Heritage Map. 

    Inclusion of a property in a HCA provides formal recognition that a place has heritage significance, that it should be safeguarded for future generations and helps to enrich our understanding of the area’s history.

    Each HCA has a Statement of Significance which identifies the particular heritage values and characteristics of the area which make it significant. You can view the Statement of Significance in the draft Randwick DCP, B2 Heritage section in the documents section of the Your Say page.  

    Can I change or add to my property?

    Yes. Being located in a proposed new Heritage Conservation Area (HCA), or within the boundary extension of a HCA, does not stop you from making changes to your property or undertaking additions or new work. However, new work must be compatible with, or complement, the heritage significance of the HCA.

    Any future development proposal, such as alterations and additions to your property, would be subject to the heritage conservation controls contained under clause 5.10 of the RLEP 2012 which aim to ensure that the identified heritage significance of the HCA are protected. It would also be subject to the heritage conservation guidelines under section B2 Heritage of the Randwick Development Control Plan 2013. This section of the DCP outlines appropriate ways to undertake change to your property without compromising the significance or integrity of the HCA.

    Being located in a HCA may impact how certain planning controls apply to a property, including exempt and complying development. You can view the Exempt and Complying Development Code here.

    What about maintenance or repair work?

    Often properties located in a Heritage Conservation Area (HCA) may require routine maintenance or repair work. Clause 5.10 of the RLEP 2012 allows certain minor works to be undertaken to your property without requiring the submission of a development application. Prior to proceeding with any maintenance or repair to a property located in a HCA, you are required to notify Council’s heritage officer about what type of maintenance or repair work you are intending on carrying out. The heritage officer will then advise if your proposal would require a development application or not. 

    You can also refer to Council’s website for specific advice on maintaining your home such as appropriate paint finishes and fencing styles that are complementary to the architectural period and style of the building.

    If my property is within a Heritage Conservation Area, how will it impact the value of my property?

    The impact of properties being designated as within a Heritage Conservation Area (HCA) on resale value is a common concern for owners and potential buyers of residential property. However, studies show the location of a property within a HCA has no effect on property values in most cases, and sometimes improves resale value as this provides certainty to the community on the future character, streetscape and built form qualities of a precinct or place. 

    Property values within a HCA are determined by a number of things such as zoning, planning requirements, lot sizes, types of surrounding properties, amenities and services in the area, tenancy opportunities, property uses, trends in the market cycle, the social profile of the area and the quality and maintenance of individual buildings. Heritage controls do not prohibit development, subdivision or demolition but require that approval be obtained to enable Council’s heritage planners to assess the proposed changes.

    For further information, applicants are advised to contact Council’s Strategic Planning Team on (02)9399 0992.