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NOTICE: CHANGES IN EFFECT FROM 1 AUGUST 2022
The new Central Coast Local Environmental Plan 2022 (CCLEP 2022) was finalised and notified on the NSW Legislation website on 24 June 2022. It came into effect on 1 August 2022 and the consolidated Central Coast Development Control Plan 2022 (CCDCP 2022) and also came into force on the same date. More information on the implementation of the new CCLEP 2022 and CCDCP 2022 coming into effect is available here.
Development Applications lodged from 1 August 2022 are subject to the CCLEP 2022. Development Applications accepted by Council prior to 1 August 2022 are subject to the provisions of existing planning controls.
- Planning controls up to 31 July 2022: Gosford Local Environmental Plan 2014, Gosford Development Control Plan 2013, Wyong Local Environmental Plan 2013, Wyong Development Control Plan 2013.
The single LEP applies to the vast majority of the LGA, with a small portion of the local government area being land deferred for further consideration. The updating the CCLEP for these deferred lands will be publicly exhibited to the community early to mid-2023. Council is currently awaiting the Gateway Determination for the Deferred Matters Planning Proposal from the Department of Planning and Environment. This is expected to be issued to Council before the end of the year. The Gateway Determination will identify the tasks that Council are to complete both prior and during public exhibition. At this stage the deferred lands remain subject to The Interim Development Order 122 (IDO 122) and Gosford Planning Scheme Ordinance. The Gosford Town Centre remains subject to State Environmental Planning Policy (Precincts Regional) 2021 Pt 5.8 Gosford City Centre.
As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please see Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (nsw.gov.au)
|Current name||New name|
|Zone E1 – National Parks and Nature Reserves||Zone C1 – National Parks and Nature Reserves|
|Zone E2 – Environmental Conservation||Zone C2 – Environmental Conservation|
|Zone E3 – Environmental Management||Zone C3 – Environmental Management|
|Zone E4 – Environmental Living||Zone C4 – Environmental Living|
A Development Control Plan (DCP) provides detailed planning and design guidelines to support the planning controls in the Local Environmental Plan (LEP) and is prepared and adopted by Councils.
A DCP describes how to go about a land use. They identify provide additional development controls and standards for addressing and managing issues at a local level and provides information to meet Council requirements for sustainable, quality development.
The Central Coast Council has two operational Development Control Plans (DCPS). The one specific to the old Wyong Local Government Area ( LGA) is:
Council has been working to consolidate WDCP 2013 and GDCP 2013 into one plan, the Central Coast Development Control Plan (CCDCP). The purpose is to support the consolidation of Gosford Local Environmental Plan 2014 (GLEP 2014) and Wyong Local Environmental Plan 2013 (WLEP 2013) into the Central Coast Local Environmental Plan (CCLEP). Further information regarding these projects can be obtained here.
Until such time as this project is finalised, the DCP controls of each former LGA remain applicable.
The below extract from the Wyong Development Control Plan 2013 (DCP 2013) gives a broad overview of the complete document. However, reading the extract will help establish your understanding of WDCP 2013 and allow you to correctly navigate the subsequent chapters.
1.1 Name of this Plan
This Plan is called "Development Control Plan 2013 – Development Controls for Wyong Shire" which may be abbreviated to "DCP 2013".
1.2 Land to which this Plan Applies
This Development Control Plan (DCP) applies to land identified in the Land Application Map LAP_001 under Wyong LEP 2013 and figure 1 below, except where specifically identified within the provisions of this Plan. The plan applies to all categories of development, as defined within the Act, addressed within the Chapters of this Plan.
Any reference to “Wyong Shire”, the “Shire”, “Wyong Local Government Area (LGA)” or “the LGA” mentioned in this plan is to be taken to refer to the land identified in the Land Application Map LAP_001 under Wyong LEP 2013 and figure 1 below.
Any reference to zoning or land use zones is to be taken to refer to land use zoning under Wyong LEP 2013.
This Plan repeals Council’s previous Shire-wide Development Control Plan, DCP 2005 – Development Controls for Wyong Shire.
Applicants should note that other relevant planning authorities may have adopted a Development Control Plan relating to the land, and should investigate and have regard to the relevant provisions.
1.3 Purpose of this Plan
The purpose of this plan is to provide Council's requirements for sustainable quality development and environmental outcomes within Wyong Shire.
1.4 Savings Provision
Consistent with the provisions of Clause 1.8A of Wyong LEP 2013 if a development application has been made before the commencement of this DCP in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this DCP had not commenced.
1.5 Aims of this Plan
- To identify Council's expectations and requirements for development within the Wyong Shire
- To identify approaches and techniques which promote quality development outcomes in Wyong Shire
- To promote best practice and quality environmental outcomes
- To facilitate the orderly and economic development of land
- To facilitate employment generating development
- To promote the integration of economic, social and ecological sustainability principles into development to encourage vibrant and liveable communities and ensure the future health of the local environment
- To ensure that land is adequately serviced
1.6 Relationship to Other Legislation?
1.6.1 Wyong Local Environmental Plan 2013
The Wyong Local Environmental Plan 2013 (WLEP 2013) outlines the zoning of land, what development is allowed in each land use zone and any special provisions applying to land. The plan includes definitions to give a greater understanding of which uses and building types are allowed on land, and also includes planning controls that may apply to a particular site, such as properties which have a heritage listing.
Where it is determined that a proposed land use (or building) is permissible with Council’s consent within the relevant zone, the provisions of this DCP identify Council’s required design and construction standards.
Section 74C of the Environmental Planning and Assessment Act 1979 (EP&A Act) and the provisions of the EP&A Regulations 2000, require this DCP to be consistent with the LEP, as amended. In the event of any inconsistency, the provisions of the LEP shall prevail.
1.6.2 Related Acts and State Environmental Planning Policies (SEPPs)
The EP&A Act identifies the approval processes in NSW for development and activities. Several other Acts (Federal and State), as well as the State Environmental Planning Policies (SEPPs) made under the EP&A Act, relate to development and environmental sustainability issues within the Wyong Shire. Some contain exemptions or alternate approval processes.
Where appropriate, Council has endeavoured to identify available exemptions from the need for development consent as a result of the provisions of other legislation within the text of this DCP. If a proponent is intending to claim exemption, the provisions of the particular legislation and any requirement within for a licence, permit or approval should be checked and complied with, prior to work commencing.
1.6.3 Council Policies and Guidelines
Reference should also be made to adopted Policies and Guideline documents prepared by Council. In this regard, Council’s staff should also be contacted to ensure that relevant issues are addressed.
1.7 How to Use this Plan
DCP 2013 is written in an Objectives / Requirements format. For specific issues, a set of Objectives has been devised to communicate the intent of the controls, along with a set of Requirements, considered to be appropriate to meet the intent of the Objectives.
The various development types, specific site controls, development precincts and relevant issues are detailed within the Chapters of this DCP. Individual Chapters should not be read in isolation, but in conjunction with other relevant Chapters of the DCP that relate to the type of development, the design issue and the locality within which the development is proposed. The Chapters may list other related Chapters of the DCP and individually define where they take precedence, should there be a potential for an inconsistency between controls. Requirements are to be addressed in accordance with all relevant Chapters in the Development Application and accompanying Statement of Environmental Effects (SEE) submission.
Detailed plans and information may be required to address the various types and scales of development. Applicants are encouraged to consult Council’s website for matrices and supporting information, detailing the explanation of submission requirements. It is also recommended that applicants liaise with Council staff to determine critical issues and applicable standards prior to the preparation of plans.
1.8 Variations to this Plan
Where variations to the controls detailed within the Chapters of this Plan are proposed, the SEE shall indicate:
- the Requirement and the extent of the variation proposed
- how the proposal meets the relevant Objectives
- the reasons for the variation(s) sought
- the benefits resulting from the proposed variation(s) which could not be otherwise achieved through compliance with the requirement.
Flora and Fauna Guidelines
All development activities that impact upon native flora or fauna habitat require assessment of the effect on aquatic habitat, native vegetation communities, protected and threatened flora and fauna species, threatened and vulnerable ecological communities, endangered populations or their habitat.
Council’s Flora and Fauna Guidelines provide guidance on:
- how the impact on biodiversity is to be assessed
- how flora, fauna and aquatic surveys are to be conducted
- the minimum level of survey effort required for adequate assessment.
Council will assess whether these guidelines have been satisfied when considering a DA, rezoning proposal, or activity, and in commenting on proposals when Council is not the consent authority.
The Central Coast has an abundance of natural features and a number of rare and/or threatened species which can be found throughout the region.
Where suitable habitat occurs in a study area for Squirrel Gliders, a habitat assessment must be conducted and included in the Flora and Fauna Report. Refer to Appendix 1 of the Squirrel Glider Conservation Management Plan: Wyong Shire for a template for the habitat assessment.
Where suitable habitat occurs in a study area for threatened terrestrial orchids, surveys must be conducted in accordance with Council’s Ground Orchids Survey Guidelines.
Some chapters of the former Wyong Shire Council Development Control Plan 2013 may also require specific ecological assessment reports, such as Chapter 3.4: Conservation Areas for Northern Wyong Shire and Chapter 3.10: Wetlands Management. These controls are to be addressed when preparing development applications.
Council also provides Guideline for the Relocation of Large Tree Hollows should this be required.
PART 1: PRELIMINARY
PART 2: DEVELOPMENT PROVISIONS
Chapter 2.10: Not in use
PART 3: ENVIRONMENTAL CONTROLS
Chapter 3.2: Not in use
PART 4: SUBDIVISION
PART 5: CENTRES
PART 6: LOCATION SPECIFIC DEVELOPMENT PROVISIONS
Chapter 6.20: Not in Use
The Central Coast Council has two operational Development Control Plans (DCPS). The one specific to the old Gosford Local Government Area (LGA) is:
Council has been working to consolidate WDCP 2013 and GDCP 2013 into one plan, the Central Coast Development Control Plan (CCDCP). The purpose is to support the consolidation of Gosford Local Environmental Plan 2014 (GLEP 2014) and Wyong Local Environmental Plan 2013 (WLEP 2013) into the Central Coast Local Environmental Plan (CCLEP).
Until such time as this project is finalised, the DCP controls of each former LGA remain applicable.