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ARTICLE · 10 DECEMBER 2012

Radical changes to the role of Development Control Plans (DCPs) in NSW

Development Control Plans will be given less weight and significance and will be applied flexibly under the legislation.

AustraliaReal Estate and Construction
Maysaa Parrino
Maysaa Parrino
Lucinda Morphett
Lucinda Morphett

In brief – DCPs will be less significant and applied flexibly

On 24 October 2012 the NSW Government introduced the Environmental Planning and Assessment Amendment Bill 2012 (NSW), which will result in sweeping reforms across the state to the role of DCPs in the development assessment process. The bill was passed by both houses of parliament on 15 November 2012. The effect on all new development applications in NSW will be significant. DCPs will be given less weight and significance and will be applied flexibly.

What is a Development Control Plan?

DCPs are detailed planning documents that set out a consent authority's expectations for local government areas. Typically the consent authority is a local council. DCPs must presently be taken into consideration in the development assessment process, but they are not an "environmental planning instrument" (EPI). An EPI is a planning instrument that is legally binding under the Environmental Planning and Assessment

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