FAQ

A Development Control Plan (DCP) is a written document that supports the Local Environmental Plan (LEP) and expands its principal development standards. It is a locally adopted plan and guides council staff, developers and landowners in the requirements needed and provides guidelines for development. A DCP may contain a range of measures such as planning principles, objectives and controls for buildings. DCPs can also have controls for single topics such as landscaping, drainage and car parking.

All of Shoalhaven’s current DCPs, and some Planning Policies, have been consolidated into a single DCP covering the whole LGA. Council has mostly retained the controls and guidelines of the current DCPs, however these are now reformatted into a single, simplified document that is easier to read. Council has also used this opportunity to remove redundant controls and clarify the intent of current DCPs. The single DCP includes 13 Generic chapters that apply to the whole LGA and 32 Area Specific chapters.

The consolidation of Shoalhaven’s DCPs and policies into the single Draft DCP is essentially an administrative transfer that retains the guidelines and controls that exist within the current DCPs. There are a number of instances, however, where controls have been removed from some chapters of the Draft DCP as they are included in other chapters, or in the Shoalhaven LEP, for example, height of buildings in Kangaroo Valley.

All of Shoalhaven's current DCPs and some Planning Policies have been consolidated into a single DCP covering the Shoalhaven Local Government Area (LGA). Council has mostly retained the controls and guidelines of the current DCPs; however these are now reformatted into a single, simplified document that is easier to read. Council has also used this opportunity to remove redundant controls and clarify the intent of curent DCPs. The draft Shoalhaven DCP includes 26 Generic Chapters that apply to the whole LGA and 37 Area Specific Chapters.

Development rules have a hierarchy, starting with legislation and then stepping down to various types of plans, codes, policies and guidelines. Act and regulations, Federal, State and regional rules (SEPPs) and Local Environmental Plans (LEPs) are legally binding on those who live, work in, or visit Shoalhaven, and on the Council. Development Control Plans (DCPs), codes, policies and guidelines are non-statutory planning documents. These may be prepared and approved by a council or the Director-General of the Department of Planning. DCPs contain detailed planning provisions and must be consistent with their associated environmental planning instruments (SEPPs, REPs and LEPs).

New planning reforms were initiated by the NSW Government in 2006, requiring all Councils in NSW to prepare a new LEP based on a standardised format known as the ‘Standard Instrument’. In accordance with the Environmental Planning and Assessment Regulation 2000, Councils must also prepare a single DCP that applies to all land within their Local Government Area (LGA) that becomes effective within 6 months of the commencement of the new LEP. The Shoalhaven LEP 2014 commenced on 22 April 2014, and Council now has until 22 Octobr 2014 to have the single DCP in place.

The DCP is at the bottom tier of the plan making process. Unlike State Environmental Planning Policies (SEPPs) and the Shoalhaven LEP, all of which are approved by the State government; the DCP does not require State government approval. The DCP is a non-statutory planning document that deals with particular aspects of the LEP and expands on these.

Until the Draft DCP has commenced, your DA will continue to be assessed by all of the relevant DCPs that apply to your land, in addition to Shoalhaven LEP 2014 and any relevant SEPPs. When the Draft DCP has commenced, your DA will be assessed under all of the relevant chapters of the DCP.

Your comments and opinions are important to us, please follow the tips below to ensure you comments are clear:Write your submission online by clicking 'have your say' under the Chapter you would like to provide comments on;Identify the Chapter, Section and Page number that you are referring to;Tell Council what you like or don't like about the draft DCP. It is important to tell Council what you like about the draft DCP as parts of the draft DCP are likely to change following exhibition; Use Bullet points to identify each point you are making;Council staff will review and summarise the key points raised in your submission. Submissions will be addressed in a Report to Council along with staff comments and recommendations to assist in the decision making process.

All submissions will be considered in the finalisation of the draft DCP, however due to a tight timeframe, submissions will be considered in two ways:Immediate Consideration - Minor issues that can be considered during the finalisation of the draft Shoahaven DCP (may include editorial, formatting or anomalies); orFurther Consideration  - Issues that require further investigation and/or community consultation will be considered following the adoption of the draft DCP such as key changes to the document.Please note that correspondence submitted to Council on this matter may be open for public inspection without notifying the correspondent. Pre-printed form letters, which have been individually signed, will be considered but not formally acknowledged. 

Following the exhibition period, Council's Strategic Planning Section will review all submissions and report issues raised to Council. Once Council has considered the submissions, the draft DCP will be adopted and will replace all of Council's existing DCPs. If you would like to receive further updates about the draft DCP you must register your email address by clicking 'register for updates' on this page.