Key Development Provisions
Development provisions seek to address a wide range of environmental, social and economic issues, and can be prepared by the State Government or Council. As a result, there is not one simple document that defines the development provisions that apply to a specific parcel of land.
The development provisions largely derive from:
- Environmental Planning and Assessment Act 1979 (EP&A Act) and
- Environmental Planning and Assessment Regulation 2000.
The most relevant development provisions are:
- Council's Local Environmental Plan (LEP),
- State Government State Environmental Planning Policies (SEPPs), and
- Council's Development Control Plan (DCP).
Development can be:
- Exempt development - allowed without any approval under the EP&A Act, but subject to certain requirements,
- Permitted without consent - allowed without a consent, but possibly subject to a Part 5 assessment by a public authority which is either carrying out the development or authorising it under other legislation,
- Permitted with development consent - with two primary categories:
Broadly, the most relevant control is the Local Environmental Plan (LEP), but it can be overruled by relevant provisions of State Environmental Planning Policies (SEPPs), which generally contain State-wide standard provisions.
For example SEPPs cover:
- most types of exempt and complying development,
- requirements for energy and water efficient development,
- provision of, and interaction with, infrastructure,
- design quality of residential flat buildings, and
- housing for seniors and people with disabilities.
A Development Control Plan is a Council policy document that provides guidance for consistency in processing or determining development applications.
In most instances it is a Council requirement that developers make a development contribution payment to assist with the provision of community facilities and services that are required for new development.
Commonly the preparation of development provisions follows the adoption by Council of a Strategy, Structure Plan or Master Plan, or arises from implementation of the Mid North Coast Regional Strategy. These can be relevant to any requests to amend the LEP, or to the consideration of development applications.