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Development Control Plan amendments
Who can amend a DCP?
Development Control Plans (DCPs) are formal plans made under the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

Singleton Council is responsible for preparing, amending and revoking DCPs that apply to land within the Singleton LGA. The NSW Minister for Planning can also make, amend or revoke a DCP or direct Council to make, amend or revoke a DCP. The Environmental Planning and Assessment Regulation 2000 (Part 3, Clause 22) details that DCPs may be amended by a subsequent DCP.

Under section 74C(2) of the EP&A Act 1979, Council can make only one DCP in respect to the same land. As such, Council has prepared the Singleton Development Control Plan 2014, which is a Local Government Area (LGA) wide DCP.

Can a land owner initiate a request to amend the Singleton Development Control Plan 2014
Clause 6.6 of the Singleton Local Environmental Plan 2013 (or another environmental planning instrument) may require a DCP to be prepared before development (or development of a particular kind) may be carried on certain land. In such circumstances, it is the responsibility of the land owner to initiate the request to prepare the amending DCP.

Once receiving such a request, Council undertakes a review of the amendment proposal to determine whether the proposal addresses the requirements of the environmental planning instrument (EPI).

How does an owner request Council to consider a proposal to amend the Singleton DCP 2014?
A formal process applies to requests made to Council to amend the Singleton DCP 2014:


Note:
Once a request to review a DCP amendment proposal has been lodged, no additional information should be submitted to Council unless specifically requested by Council. Fees and charges have been determined based on receiving complete information at lodgement.

Once a request to review a DCP amendment proposal has been lodged, it will generally proceed through the following process (timeframes are indicative only):

  • Documents registered into Council’s record keeping system, acknowledgment letter sent to applicant and request allocated to processing officer for review (generally within 10 business days of initial lodgement);
  • Processing officer inspects the site subject of the DCP amendment request and reviews the proposal against relevant legislation, strategies, planning directions and guidelines to determine whether the proposal contains sufficient information to prepare a draft DCP.
  • Processing officer issues written advice to the applicant (generally within 40 business days of being allocated the DCP amendment request) that:

    1. sufficient information has been lodged to enable a draft DCP to be prepared; or
    2. the information lodged with the DCP amendment request is insufficient to enable a
      draft DCP to be prepared; or
    3. the DCP amendment request is not supported.

If Council has issued written advice that sufficient information has been lodged to enable a draft DCP to be prepared, what do I do next?
After the initial review of the DCP amendment request, the next step is for Council to prepare a draft amended version of the Singleton DCP which incorporates the amendment. The fees for preparation of the amended DCP and for the individual steps associated with the Draft DCP process are identified in Council's adopted fees and charges schedule. Fees are invoiced at relevant stages throughout the process.

What is the Draft DCP process?
Click here to find out more about the Draft DCP process.

What can I do if Council has not supported my DCP amendment request?
If Council has issued written advice that it does not support a DCP amendment request or that the information lodged with the DCP amendment request is insufficient, the applicant can lodged a revised or updated DCP amendment proposal to Council for review.

The revised request will incur the "Review of DCP amendment request" fee and require lodgement of a new lodgement form and submission of a new set of supporting information.

What do I do if Council has not responded to my request to review a DCP proposal?
If Council has not issued written advice to the applicant (as identified on the lodgement form) within 60 days of receiving the request to review a DCP amendment proposal, the land owner may:

  • Contact Council to determine why written advice has not been issued; or
  • Contact the NSW Department of Planning and Environment and request that the Minister for Planning act in the place of the Council to make the plan; or
  • Lodge a development application to Council for development of the land, which suitably addresses the requirements of the environmental planning instrument in relation to the DCP.


Singleton Council
PO Box 314 Singleton NSW 2330
Ph: 02 6578 7290