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Gosford Development Control Plan 2013

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Gosford Development Control Plan 2013 Gosford Development Control Plan 2013 Effective Date : 15 April 2016 www.centralcoast.nsw.gov.au Index PART 1: PRELIMINARY Chapter 1.1 Introduction PART 2: SCENIC QUALITY AND CHARACTER Chapter 2.1: Character Character Statement Index Chapter 2.2: Scenic Quality PART 3: SPECIFIC CONTROLS FOR DEVELOPMENT TYPE Residential Chapter 3.1: Dwelling Houses and Ancillary Structures Chapter 3.2: Dual Occupancy Development Chapter 3.3 Multi Dwelling Housing and Residential Flat Buildings Chapter 3.4 Secondary Dwellings Subdivision Chapter 3.5: Residential Subdivision Chapter 3.6: Subdivision of Rural and Non-Urban Land Non Residential Development Chapter 3.7: Advertising Signage Chapter 3.8: Bed and Breakfast and Farm Stay Accommodation Chapter 3.9: Child Care Centres Chapter 3.10: Environmental Controls for Development in Zone E4 Chapter 3.11: Industrial Development Chapter 3.12: Non Residential uses in the E3 / 7(c2) Zone Chapter 3.13: Parenting Facilities Chapter 3.14: Short Term Rental Accommodation of Dwellings Chapter 3.15: Sex Services Premises Chapter 3.16: Water Recreation Structures PART 4: CENTRES Chapter 4.1: Gosford City Centre Chapter 4.2: Peninsula Centres Chapter 4.3: Terrigal Village Centre Chapter 4.4: Gosford Waterfront PART 5: LOCATION SPECIFIC DEVELOPMENT CONTROLS Chapter 5.1: Bensville Chapter 5.2: Erina, 83-95 Karalta Road Chapter 5.3: Kariong, Mount Penang Parklands Chapter 5.4: Kincumber, Avoca Drive (Manassah Frost House) Chapter 5.5: Kincumber, The Scenic Road (Kincumber Fire Station) Chapter 5.6: Lisarow, Toomeys Road Chapter 5.7: Mangrove Mountain, Berecry Road (The Landmark) Chapter 5.8: Narara, Gosford Horticultural Institute Chapter 5.9: Niagara Park, Siletta Road Chapter 5.10: Pearl Beach Residential Development Chapter 5.11: Terrigal, Corner Charles Kay Drive and Terrigal Drive Chapter 5.12: Terrigal, Parkside, Kings Ave Chapter 5.13: Terrigal, Scenic Highway (George's Fruit Barn) Chapter 5.14: Various Suburbs: Erina/Green Point/Terrigal, Kariong, Kincumber, Lisarow/Niagara Park, Narara, and Springfield Chapter 5.15: Water Supply Catchment Area Development Chapter 5.16: West Gosford, Temporary Use of Gosford Racecourse Chapter 5.17: Yattalunga Chapter 5.18: Forresters Beach Chapter 5.19: Erina - 18 Illya Avenue (Erina Leagues Club) Chapter 5.20 Marana Road, Springfield PART 6: ENVIRONMENTAL CONTROLS Chapter 6.1: Acid Sulphate Soils Chapter 6.2: Coastal Frontage Chapter 6.3: Erosion Sedimentation Control Chapter 6.4: Geotechnical Requirements For Development Applications Chapter 6.5: On-Site Effluent and Greywater Disposal Chapter 6.6: Preservation of Trees or Vegetation Chapter 6.7: Water Cycle Management PART 7: GENERAL CONTROLS Chapter 7.1: Car Parking Chapter 7.2: Waste Management Chapter 7.3: Public Notification of Development Applications Chapter 7.4: Complying Development Conditions Appendix 1: Definitions Chapter 1.1 Introduction 1.1.1 Name of Plan This plan is known as the Gosford Development Control Plan 2013 and supports the objectives identified by the Gosford Local Environmental Plan 2014, the Gosford Planning Scheme Ordinance or Interim Development Order No 122. 1.1.2 Where this Plan Applies This Development Control Plan (DCP) applies to all land zoned under the Gosford Local Environmental Plan (LEP) 2014, the Gosford Planning Scheme Ordinance or Interim Development Order No 122. The plan applies to all categories of development, as defined within the Environmental Planning and Assessment Act, 1979 addressed within the Chapters of this Plan. 1.1.3 Relationship to other Plans This DCP has been prepared in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 and the Environmental Planning and Assessment Regulation, 2000. State Environmental Planning Policies and Regional Environmental Plans may apply to the land to which this DCP applies. The DCP supplements the provisions of Gosford LEP 2014, the Gosford Planning Scheme Ordinance and Interim Development Order No 122. The provisions of the Gosford LEP 2014, the Gosford Planning Scheme Ordinance or Interim Development Order No 122 prevail over the DCP. The DCP supersedes all previous development control plans applying to the Gosford Local Government Area and the following Council Policies relating to development control: Erosion Sedimentation Control Rainforest Water Supply Catchment Area Development 1.1.4 Interpretation of Provisions The provisions of this Development Control Plan which apply to land zoned E2 Environmental Conservation or E3 Environmental Management under Gosford LEP 2014 also apply to land zoned 7(a) Conservation and Scenic Protection (Conservation) or 7(c2) Conservation and Scenic Protection (Scenic Protection – Rural Small Holdings) under Interim Development Order No. 122. Specifically those provisions which apply to land zoned E2 Environmental Conservation also apply to land zoned 7(a) Conservation and Scenic Protection (Conservation) and those provisions which apply to E3 Environmental Management also apply to land zoned 7(c2) Conservation and Scenic Protection (Scenic Protection – Rural Small Holdings). 1.1.5 Purpose of this Plan The purpose of this plan is to provide Council's requirements for quality development and environmental outcomes within the City of Gosford. Under section 79C of the Act, the consent authority is required to take into consideration the relevant provisions of this DCP in determining any application for development. 1.1.6 Operation of this Plan This plan will come into effect upon gazettal of Gosford Local Environmental Plan 2014, being 11/2/14. From time to time, the Development Control Plan will be amended. The following table outlines the amendments that have taken place and their status at the time of printing. It is the responsibility of those submitting development applications to ensure that the proposal is in accordance with the DCP. Schedule of Amendments Central Coast Council Effective Date Chapter Amended Reason 21 March 2014 Chapter 4.4 Gosford Waterfront New Chapter – DCP approved by Director General of Planning & Infrastructure and incorporated into Gosford DCP 2013 as per Council Resolution 3/12/13. 21 March 2014 Chapter 3.14 Short Term Holiday Chapter renamed Chapter 3.14 Short Term Rental Accommodation Accommodation of Dwellings due to adoption of GLEP 2014 Amendment 1 on 21 March 2014 relating in part to Short Term Rental Accommodation. LEP amends terminology and controls, chapter responds to LEP amendments and amends controls. 6 June 2014 Chapter 5.18 Forresters Beach New Chapter to support GLEP 2014 Amendment which rezoned the E2 Environmental Conservation and R2 Low Density Residential. 25 July 2014 Chapter 5.19 Erina, Ilya Ave New Chapter to support GLEP 2014 Amendment. Provides more detailed guidelines for use of the land for Mixed Use Development – Club and complimentary land uses. 29 October 2014 Chapter 4.3 Terrigal Village Centre Chapter amended to cover lands commonly known as the "Rapedo Lands" (see map in chapter for details) as per Council resolution 28/8/12. 19 December 2014 Chapter 3.1 Dwelling Houses and Various amendments refer to Council Reports 22 July 2014 Ancillary Structures and 9 December 2014. Chapter 3.2 Dual Occupancy Chapter 3.4 Secondary Dwellings Chapter 3.11 Industrial Development Chapter 4.1 Gosford City Centre Chapter 6.6 Preservation of Trees or Vegetation Chapter 7.1 Carparking 19 December 2014 Chapter 5.3 Kariong, Mount Penang Chapter amended refer to Council Reports 17 December 2013 Parklands and 9 December 2014. 19 June 2015 Chapter 6.2 Coastal Frontage Chapter amended refer to Council Report GOV.71 of 9 June 2015 Ordinary Meeting 15 January 2016 Chapter 5.20 Marana Road New chapter to support GLEP 2014 amendment which Springfield included the additional permitted use of 5 lot subdivision 15 April 2016 Chapter 6.2 Coastal Frontage The completion of the Gosford Beaches Coastal Zone Management Plan (GBCZMP) triggered the need to review and update the existing planning controls along coastal frontage areas. On 22 March 2016 Council adopted a revised Chapter 6.2 Coastal Frontage of Gosford’s Development Control Plan (DCP) 2013. The new DCP Chapter came into effect on 15 April 2016. 1.1.7 Application of the Plan Where a development application is lodged which relates to land to which this plan applies, Council shall take the provisions of this plan into consideration in determining that application. Compliance with the provisions of this plan does not necessarily imply that Council will consent to any application. Council must also take into consideration those matters listed under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended). Central Coast Council Development applications must demonstrate conformity with the objectives of this Plan. a. New development is to have regard to character of the area both built and natural. i. The overall aims and objectives of this Plan, and ii. Detailed objectives of each relevant section in this Plan b. Development applications must also demonstrate conformity or compatibility with controls of this Plan. i. Conformity with any numerical provision of this Plan does not necessarily guarantee that a development proposal is consistent with objectives specified by this Plan, or that consent will be granted. ii. Variation of any control in this Plan might be acceptable where an application demonstrates its conformity with the objectives that are specified by this Plan Each application will be considered on the individual circumstances and merits of
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