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1 Name of Plan Great Lakes DCP as at 27 June 2016 1 Name of plan This plan is called the Great Lakes Development Control Plan. Date of Adoption The Great Lakes Development Control Plan was adopted by Great Lakes Council at the Strategic Committee Meeting on 12 November 2013. Effective Date The Great Lakes Development Control Plan was made effective on the date of publication of Great Lakes Local Environmental Plan 2014 in the New South Wales Legislation website 4 April 2014. Amendments 29 April 2015 ­ General amendments 15 May 2015 ­ Addition of site specific controls for Briton Court Road, Stroud 23 October 2015 ­ Flood Planning Area amendments 16 March 2016 ­ Coastal Planning amendments 1.1 Land to which this plan applies This Development Control Plan applies to all land to which the Great Lakes Local Environmental Plan 2014 (or as amended) applies. 1.2 Relationship of this DCP to other Planning Documents The Act incorporates provisions relating to State and local planning instruments. State Environmental Planning Policies (SEPPs) may also apply to land within the local government area. Where this is the case, the statutory provisions of the SEPP will prevail over this Development Control Plan. Local Environmental Plans (LEPs) are local level statutory plans that establish land use zones, objectives and development standards for development and environmental conservation within the local government area. The provisions of the Development Control Plan are in addition and complementary to the provisions of the Great Lakes Local Environmental Plan 2014 (or as amended). If there is an inconsistency between the two documents, the Great Lakes Local Environmental Plan 2014 (or as amended) shall prevail. Sourced from original documents The content of this Plan was sourced from: Great Lakes Local Environmental Plan 1996 DCP 5 ­ Relocatable Housing Estates DCP 6 ­ Outdoor Advertising DCP 11 ­ Coomba Road Pacific Palms and Darawank DCP 13 ­ Moira Parade, Hawks Nest DCP 14 ­ Glen Ora Old Aerodrome and Minimah Rds Nabiac.pdf DCP 15 ­ Minimbah Creek, Minimbah DCP 16 ­ Markwell Back Road via Bulahdelah DCP 17 ­ Little Street Foreshore, Forster DCP 20 ­ Tipton's Land Failford DCP 22 ­ Myall Quays Estate, Tea Gardens DCP 25 ­ Markwell Back Road, Bulahdelah DCP 27 ­ Minimbah Road, Nabiac DCP 28 ­ Exempt and Complying Development DCP 29 ­ Tea Gardens Foreshore DCP 30 ­ Residential Urban Areas DCP 31 ­ Subdivision DCP 32 ­ Wharf Street, Forster DCP 35 ­ Memorial Services Club, Forster DCP 36 ­ PT6177 DP 1099599 South_Forster DCP 37 ­ Bellevue Hotel Manning Street, Tuncurry DCP 39 ­ Pacific Palms (Elizabeth Beach, Blueys Beach & Boomerang Beach) DCP 40 ­ Seven Mile Beach, The Lakes Way Forster Page 1 of 2 - Printed: Tuesday, 2 August 2016 9:10 AM Great Lakes DCP as at 27 June 2016 DCP 41 ­ Macwood Road, Smiths Lake DCP 45 ­ Seal Rocks Coastal Hamlet DCP 46 ­ Single Dwelling House and Dual Occupancy DCP 47 ­ Tea Gardens (Low Density Residential) DCP 48 ­ Hawks Nest (Low Density Residential) DCP 51 ­ Forster Tuncurry Town Centres DCP 52 ­ Tea Gardens Hawks Nest Town Centres DCP 53 ­Failford and Simmsville Rd Stroud.pdf DCP 54 ­ Water Sensitive Design DCP 55 ­ North Tuncurry DCP 56 ­ Stroud District and Heritage DCP 59 ­ Lot 15 DP 713933 Carmona Drive, South Forster DCP 59 ­ Figure 1 & Figure 2 (Concept Development Plan) DCP 63 ­ Failford West and Aquatic Road, South Forster DCP 66 ­ North Shearwater Release Area DCP 67 ­ Waste Not Industrial Code Car Parking Policy This Plan recinds in their entirety, all development control plans and codes identified above. 1.3 Development not needing Council consent (Exempt Development) Exempt development can be undertaken under State Environmental Planning Policy (Exempt and Complying Development) 2008 without development consent. To see if your development can be considered as exempt, go to the Electronic Housing Code website www.onegov.nsw.gov.au/new/agencies/ehc. By providing your property address and identifying the development you want to undertake, the website will provide you with an Exempt Development Report. The Report will outline the rules that you must satisfy for the development to be exempt. If you cannot comply with these rules, a development application must be lodged with Council. Exempt development may include minor works around the home such as: Access ramps; Aerials, antennae and communication dishes; Air­conditioning units; Animal shelters; aviaries; Awnings, blinds and canopies; Balconies, decks, patios, terraces; Barbeques and other outdoor cooking structures; Cabanas, cubby houses, garden sheds, greenhouses; Carports; Clothes hoists and clothes lines; Driveways and hard stand spaced; Fences; Flagpoles; Fowl and poultry houses; Garbage bin storage enclosure; Home businesses; Hone­based child care; Hot water systems; Landscaping structures; Letterboxes; Minor building alterations (external ­ non­structural; internal ­ no change of room configuration); Pathways and paving; Playground equipment; Privacy screens; Rainwater tanks (above ground); Roller shutter doors adjoining lanes; Screen enclosures (of balconies, decks); Sculptures; Skylights, roof windows and ventilators; Swimming pools (portable and spas and child­resistent barriers; and Water features and ponds. Page 2 of 2 - Printed: Tuesday, 2 August 2016 9:10 AM Great Lakes DCP as at 27 June 2016 2 Introduction This section provides general information about the Development Control Plan and includes details of the requirements that may be needed to support a development application. 2.1 The purpose of this development control plan This Development Control Plan (DCP) has been prepared in accordance with Division 6 of the Environmental Planning and Assessment Act 1979 (the Act) and with Part 3 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation). The DCP provides more detailed provisions than the Great Lakes Local Environmental Plan 2014 (LEP) for development in the Great Lakes local government area (LGA). Division 6 of Part 3 of the Act introduced under the Environmental Planning and Assessment Act (Infrastructure and Other Planning Reform) 2005 commenced on 30 September 2005. This Division introduced new requirements for DCPs. As a result of these changes to the Act, Council has consolidated its DCPs that apply within the Great Lakes LGA into one plan. It repeals all DCPs that previously applied in the Great Lakes. On commencement of this plan, all of the DCPs which previously applied within the Great Lakes will cease to have effect. Instead, the provisions within those DCPs will now be contained within this plan. It follows that this plan will be the only DCP that applies to all land within the Great Lakes LGA. Any amendments to this DCP since commencement are listed at the front of this part. Under s79(c) of the Act, the consent authority is required to take into consideration the relevant provisions of this DCP in determining applications for development in the Great Lakes. 2.2 Variations to DCP Provisions This Plan aims to ensure good quality, sustainable development outcomes by encouraging applicants to achieve specific development objectives and minimum design controls. Proposed development must meet the objectives of the Plan. Strict compliance with the design controls of the Development Control Plan does not guarantee development consent if the objectives have not been satisfied. The Plan is a guideline document and Council aims to allow flexibility where strict compliance with a control is unreasonable or unnecessary and the development objective can still be achieved. This Plan applies to new development, additions and alterations to existing buildings and applications to modify existing development approvals. Variation to controls may be permitted by Council if a detailed site analysis is provided with the application and the applicant can demonstrate and outline in a Statement of Environmental Effects: the proposal is consistent with the LEP zone objectives; and the proposal is consistent with the LEP development standards; and the proposal is consistent with all relevant clauses of the LEP; and the proposal achieves all relevant objectives of this DCP; and the development control/s subject of the variation are identified; and the objectives of that control are identified and achieved; and why the control should not apply to the proposed development; and why and how the development will not have a greater adverse impact on existing or approved adjoining development than if compliance was achieved; and why and how compliance with the development control/s is inappropriate or unreasonable in the particular circumstances of the case. 2.3 The Aims of this Plan The overriding aim of this DCP is to create and maintain a high level of development and environmental quality throughout the Great Lakes. The objectives and controls within this Plan therefore aim to: ensure development responds to the characteristics of the site and the qualities of the surrounding neighbourhood. ensure new development creates a unified landscape and contributes to the streetscape. Page 1 of 8 - Printed: Tuesday, 2 August 2016 9:12 AM Great Lakes DCP as at 27 June 2016 ensure development reinforces the importance of pedestrian areas and creates an attractive design outcome. inspire design innovation for residential, commercial and industrial development. provide a high level of access to and within development. protect environmentally sensitive areas from over­development or visually intrusive development so that scenic qualities, as
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