Draft Development Control Plan 2024

Share Draft Development Control Plan 2024 on Facebook Share Draft Development Control Plan 2024 on Twitter Share Draft Development Control Plan 2024 on Linkedin Email Draft Development Control Plan 2024 link

What is a Development Control Plan?

In each Council area, land use planning occurs under the control and guidance of two main planning instruments – Local Environmental Plans (LEP) and Development Control Plans (DCP). A Local Environmental Plan (LEP) represents the primary land use planning instrument that specifies what development is permitted on each lot in the Council area. DCPs support an LEP by providing detailed planning and design guidelines. Whilst LEPs are statutory, the provisions of DCPs are more flexible.


Project Background

Armidale Dumaresq and Guyra Councils amalgamated to form Armidale Regional Council in 2008. Post-amalgamation Council adopted a process for the integration of various systems, policies and administrative processes in priority order. Items such as the LEPs and DCPs for each of the former Council areas were included in that list.

As the LEP is the higher order statutory land use planning instrument the integration of the two LEPs took priority. As a statutory document under the Environmental Planning and Assessment Act, 1979 the LEP is required to meet state government requirements and satisfy the provisions of the Department of planning’s ‘Standard Instrument’. Finally, the integrated LEP had to be approved by the Minister for Planning. The process resulted in Armidale Regional Local Environmental Plan 2012.

Having completed integration of the LEPs into a single document Council’s attention could then turn to combining the Development Control Plan for each of the former Council areas into a single document. To this end Council adopted the following actions in its Local Strategic Planning Strategy (LSPS):

Action 10: ‘Merge the current Armidale Dumaresq Development Control Plan 2012 and the current Guyra Development Control Plan 2015 to produce a single DCP for the Armidale Regional Council local government area’ (LSPS, p.38).

Action 11: ‘Undertake amendments (as required) to the merged DCP to address outcomes arising from the implementation of each LSPS planning action’ (LSPS, p.38).

The attached draft DCP addresses Action 10.

Armidale Regional Council Development Control Plan 2024 (DCP2024)

Draft ARC DCP 2024 merges the existing DCPs in to a single, one-stop document. The single document makes minimal changes to the existing standards and guidelines. Draft DCP 2024 also provides necessary corrections and updates to the information in the existing DCPs.

In merging the two DCPs a ‘not worse off’ test was used. This ensures that the residents throughout the Council area can continue to develop as currently provided for in the respective DCPs. The exception to this is where the DCPs contained provisions that were inconsistent with higher-order legislation. For instance, ADC Chapter 4.3, Section 3.1.2 Building heights in the RU5 zone, S.6 states: ‘The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot must not exceed 7 metres from existing ground level to the highest point on the building roof’. State Environmental Planning Policy (Exempt and Complying Development) (Codes SEPP) prescribes a height limit of 4.5m. The DCP was amended to comply with the State Environmental Planning Policy.

Armidale Regional Council DCP 2024 minimises economic, social, operational, reputational, corporate and legislative and regulatory risks inherent in a system using two similar, but distinct DCPs across different parts of the local government area.

The next step – a comprehensive review of the Development Control Plan

As already advised, merging the Armidale Dumaresq and Guyra DCPs into a single document is the first step in a two-step process. The adoption of ARC DCP 2024 will complete step one (LSPS Action 10).

Immediately upon finalisation of Action 10 work will commence on the comprehensive DCP review required to achieve LSPS Action 11.

Feedback:

The revised Plan and supporting documentation will be on public exhibition from Wednesday 15/05/2024 to Wednesday 12/06/2024.

Submissions are invited and must be submitted to Council no later than 5.00 pm on Wednesday 12/06/2024.

Submissions must be addressed to the General Manager, Armidale Regional Council.

  • Written submissions are accepted over the counter at either of Council’s offices at; 135 Rusden Street, Armidale, NSW, 2350; or 158 Bradley Street, Guyra, NSW, 2365 (office hours are 10am-4pm).
  • Written submissions are also acceptable via post. Mail must be addressed to PO Box 75A, Armidale, NSW 2350.
  • Electronic submissions are preferred and should be sent via Email to council@armidale.nsw.gov.au

Please be aware that if you make a submission, other people may have access to your comments. This may be as a result of a report to a Council meeting or as part of an application under the Government Information (Public Access) Act 2009. Also, under State legislation, any person making a submission on a Draft LEP amendment must also disclose whether they or an ‘associate’ have made a ‘reportable political donation’ or gift to a local Councillor or Council employee within the period commencing two years before any submission is made and ending when the Draft LEP is determined. Further details including disclosure forms are available on request from Council.

What is a Development Control Plan?

In each Council area, land use planning occurs under the control and guidance of two main planning instruments – Local Environmental Plans (LEP) and Development Control Plans (DCP). A Local Environmental Plan (LEP) represents the primary land use planning instrument that specifies what development is permitted on each lot in the Council area. DCPs support an LEP by providing detailed planning and design guidelines. Whilst LEPs are statutory, the provisions of DCPs are more flexible.


Project Background

Armidale Dumaresq and Guyra Councils amalgamated to form Armidale Regional Council in 2008. Post-amalgamation Council adopted a process for the integration of various systems, policies and administrative processes in priority order. Items such as the LEPs and DCPs for each of the former Council areas were included in that list.

As the LEP is the higher order statutory land use planning instrument the integration of the two LEPs took priority. As a statutory document under the Environmental Planning and Assessment Act, 1979 the LEP is required to meet state government requirements and satisfy the provisions of the Department of planning’s ‘Standard Instrument’. Finally, the integrated LEP had to be approved by the Minister for Planning. The process resulted in Armidale Regional Local Environmental Plan 2012.

Having completed integration of the LEPs into a single document Council’s attention could then turn to combining the Development Control Plan for each of the former Council areas into a single document. To this end Council adopted the following actions in its Local Strategic Planning Strategy (LSPS):

Action 10: ‘Merge the current Armidale Dumaresq Development Control Plan 2012 and the current Guyra Development Control Plan 2015 to produce a single DCP for the Armidale Regional Council local government area’ (LSPS, p.38).

Action 11: ‘Undertake amendments (as required) to the merged DCP to address outcomes arising from the implementation of each LSPS planning action’ (LSPS, p.38).

The attached draft DCP addresses Action 10.

Armidale Regional Council Development Control Plan 2024 (DCP2024)

Draft ARC DCP 2024 merges the existing DCPs in to a single, one-stop document. The single document makes minimal changes to the existing standards and guidelines. Draft DCP 2024 also provides necessary corrections and updates to the information in the existing DCPs.

In merging the two DCPs a ‘not worse off’ test was used. This ensures that the residents throughout the Council area can continue to develop as currently provided for in the respective DCPs. The exception to this is where the DCPs contained provisions that were inconsistent with higher-order legislation. For instance, ADC Chapter 4.3, Section 3.1.2 Building heights in the RU5 zone, S.6 states: ‘The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot must not exceed 7 metres from existing ground level to the highest point on the building roof’. State Environmental Planning Policy (Exempt and Complying Development) (Codes SEPP) prescribes a height limit of 4.5m. The DCP was amended to comply with the State Environmental Planning Policy.

Armidale Regional Council DCP 2024 minimises economic, social, operational, reputational, corporate and legislative and regulatory risks inherent in a system using two similar, but distinct DCPs across different parts of the local government area.

The next step – a comprehensive review of the Development Control Plan

As already advised, merging the Armidale Dumaresq and Guyra DCPs into a single document is the first step in a two-step process. The adoption of ARC DCP 2024 will complete step one (LSPS Action 10).

Immediately upon finalisation of Action 10 work will commence on the comprehensive DCP review required to achieve LSPS Action 11.

Feedback:

The revised Plan and supporting documentation will be on public exhibition from Wednesday 15/05/2024 to Wednesday 12/06/2024.

Submissions are invited and must be submitted to Council no later than 5.00 pm on Wednesday 12/06/2024.

Submissions must be addressed to the General Manager, Armidale Regional Council.

  • Written submissions are accepted over the counter at either of Council’s offices at; 135 Rusden Street, Armidale, NSW, 2350; or 158 Bradley Street, Guyra, NSW, 2365 (office hours are 10am-4pm).
  • Written submissions are also acceptable via post. Mail must be addressed to PO Box 75A, Armidale, NSW 2350.
  • Electronic submissions are preferred and should be sent via Email to council@armidale.nsw.gov.au

Please be aware that if you make a submission, other people may have access to your comments. This may be as a result of a report to a Council meeting or as part of an application under the Government Information (Public Access) Act 2009. Also, under State legislation, any person making a submission on a Draft LEP amendment must also disclose whether they or an ‘associate’ have made a ‘reportable political donation’ or gift to a local Councillor or Council employee within the period commencing two years before any submission is made and ending when the Draft LEP is determined. Further details including disclosure forms are available on request from Council.

Page last updated: 28 May 2024, 09:58 AM