Development in local government areas is controlled by a hierarchy of legislation and policies.
The primary pieces of legislation governing development within NSW are State Government Acts such as the Local Government Act 1993, which, amongst other things, defines the role of Local Government in the planning and development process, and the Environmental Planning and Assessment Act 1979, which provides the foundation for subordinate development controls.
State Environmental Planning Policies (SEPPs) are State Government instruments that provide more detailed directives in relation to specific planning or development issues that are of significance at a State level. In some cases, a SEPP might impose constraints that connot be relaxed by local government planning instruments, and in others it might define a level of freedom that cannot be constrained.
For example, SEPP No. 30 – Intensive Agriculture requires development consent for cattle feedlots having a capacity of 50 or more cattle or piggeries having a capacity of 200 or more pigs. The policy sets out information and public notification requirements to ensure there are effective planning control over this export-driven rural industry.
On the other hand, SEPP (Exempt and Complying Development Codes) 2008 streamlines assessment processes for development that complies with specified development standards. The policy provides exempt and complying development codes that have State-wide application, identifying, in the General Exempt Development Code, types of development that are of minimal environmental impact that may be carried out without the need for development consent; and, in the General Housing Code, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Environmental Planning and Assessment Act 1979.
The Local Environmental Plan (LEP) applicable to any particular local government area or shire is subordinate to these State planning instruments, and provides the statutory framework for local planning and development. LEPs prepared since 2004 conform to a template, the so-called Standard Instrument, provided by the NSW State government. The Standard Instrument contains a core set of mandatory clauses, with instructions for how optional clauses addressing specific local requirements can be included. This format guarantees a far greater degree of consistency in the structure of LEPs throughout NSW.
Development Control Plans (DCPs) are subordinate to LEPs, but provide specific details on how items presented in an LEP need to be implemented within a particular part of a Local Government Area. A DCP only expands on the content of the relevant LEP—it doesn’t introduce any new controls.
For example, while the construction of dwelling houses may be permitted in various parts of an LGA, there may be different controls over the materials to be used in, say, an urban environment vs a rural environment. As a further example, the lot size for subdivisions within a particular land use zone, and what sorts of building may be constructed on a lot, will be defined in the LEP, but details such as the location of the building envelope, the materials used and energy efficiency requirements, recommendations for suitable vegetation and even conditions relating to the care of domestic animals, would be specified in a DCP.
Pete Harrison ~ The Palerang Blog cross-reference
1 February 2013 @ 17:36
[…] by the NSW state government to provide a common legislative platform for all NSW local government LEPs. This template defines a new, standard set of land use zones that did not match any of the […]
Pete Harrison ~ The Palerang Blog cross-reference
29 April 2015 @ 01:38
[…] I have mentioned on previous occasions, planning in NSW is generally governed by a hierarchy of legislation, starting with the […]