New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 74C

74C Preparation of development control plans

(1) The relevant planning authority may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable:

(a) to make more detailed provision with respect to development to achieve the purpose of an environmental planning instrument applying to the land concerned, or

(b) to identify development as advertised development (so as to make additional but not inconsistent requirements to those imposed by the regulations in relation to development applications), or

(c) to provide for (or exclude) public or particular advertising or notification of any of the following:

(i) a development application for specified development (other than designated development or advertised development),

(ii) a request for the review of a determination of a development application where the applicant for review makes amendments to the development described in the original development application,

(iii) an application for the modification of a development consent for specified development (including advertised development but not designated development), or

(d) in the case of a council-to specify criteria (in addition to but not inconsistent with any criteria prescribed by the regulations) that the council is to take into consideration in determining whether or not to give an order under Division 2A of Part 6, or

(e) to make provision for anything permitted by this Act to be prescribed by a development control plan.

Note: See for example section 26 (4) (a).

(2) Only one development control plan made by the same relevant planning authority may apply in respect of the same land. This subsection does not apply to:

(a) a plan prepared for the purposes of subsection (1) (d) or for any other purpose prescribed by the regulations, or

(b) a plan prepared for the purpose of amending an existing plan.

If this subsection is not complied with, all the development control plans concerned have no effect.

Note: A planning authority may prepare one development control plan for the whole of its area or one plan for each precinct or locality in its area, or prepare one plan for a site (and exclude that site from the area to which other plans apply).

(3) A development control plan may adopt by reference the provisions of another development control plan.

(4) A development control plan may amend, substitute or revoke another development control plan.

(5) A provision of a development control plan (whenever made) has no effect to the extent that:

(a) it is the same or substantially the same as the provision of an environmental planning instrument applying to the same land, or

(b) it is inconsistent with a provision of any such instrument or its application prevents compliance with a provision of any such instrument.