Wagga Wagga Draft Development Control Plan 2010 by mvm76083

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									                                       Wagga Wagga
      Draft Development Control Plan 2010



                                      PART A GENERAL



                                                 Contents
Preamble ................................................................................................................. 1 
1.1  Name of DCP................................................................................................ 2 
1.2  Where this DCP applies................................................................................ 2 
1.3  Commencement date ................................................................................... 2 
1.4  Purpose of the DCP...................................................................................... 2 
1.5  Guiding principles ......................................................................................... 2 
1.6  Relationship to other plans ........................................................................... 3 
1.7  Structure of the WWDCP 2010..................................................................... 4 
1.8  Using the WWDCP 2010 .............................................................................. 5 
1.9  Lodging a development application .............................................................. 6 
1.10  Notification of development applications ...................................................... 6 
1.11  Complying with the WWDCP 2010 ............................................................. 12 
1.12  Where can I get more information? ............................................................ 12 




                      DRAFT Wagga Wagga Development Control Plan 2010
                                Pre-Exhibition FINAL 2010
Preamble
Wagga Wagga is within the heart of Wiradjuri Country, and is the regional
centre of the Riverina. Wagga Wagga is the largest inland city in NSW.
Wagga Wagga is the regional focus for major commercial, retail and
business activities, and is home to significant defence, health and
educational facilities. The City also has many secondary and service
industries that support primary industry, and enjoys strong activity in the
transport, sport, visual and performing arts sectors, as well as value-added
agricultural industry and research.
The Wagga Wagga Spatial Plan 2007 maps out key directions for the future
of Wagga Wagga and its surrounding villages and rural areas. It contains
guiding principles and a structure plan that form the foundation for strategic
planning of the local government area. The Wagga Wagga Spatial Plan is
the background document to the Wagga Wagga Local Environmental Plan
2010.
The Wagga Wagga Local Environmental Plan 2010 (WWLEP 2010) is the
document that contains the statutory zoning and land use controls that apply
to development within the City of Wagga Wagga. The LEP determines
whether a proposal is permissible.
The Wagga Wagga DCP 2010 (WWDCP 2010) supports the LEP by
providing additional objectives and controls. The DCP is a Council policy
document. While amendments may be made over time, the DCP must be
consistent with, and sit “under”, the WWLEP 2008.



                   Wagga Wagga Spatial Plan 2007
              Key directions for the future direction of Wagga Wagga




                        Wagga Wagga LEP 2010
                  Statutory land use controls – zoning and other
                          requirements for development




                        Wagga Wagga DCP 2010
                 Detailed controls for development and land uses




                      DRAFT Wagga Wagga Development Control Plan 2010
    Exhibition January 2010       Section 1 –Introduction                        p1-1
1.1       Name of DCP
This plan is the DRAFT Wagga Wagga Development Control Plan 2010
(WWDCP 2010).

1.2       Where this DCP applies
The WWDCP 2010 applies to all land within the City of Wagga Wagga.

1.3       Commencement date
The Wagga Wagga Development Control Plan 2010 was adopted by Council
on ++++++ and came into force on +++++.

1.4       Purpose of the DCP
The purpose of the WWDCP 2010 is to provide more detailed provisions,
and to support, the WWLEP 2010.

1.5       Guiding principles
The Guiding Principles of the DCP are set out below. These Principles
underpin the DCP and should inform all assessments and decisions made
using the provisions of the DCP.
GP1    Sustainability, climate change management, and efficient use of
resources
  i.      Protect and enhance the viability of natural systems
  ii.     Achieve good environmental outcomes
 iii.     Manage incremental change to retain sustainable outcomes
 iv.      Support waste minimisation strategies
  v.      Protect the indigenous, European and natural heritage
GP2       Site responsive development
  i.      Design for compatibility with topography, physical characteristics
          and setting
  ii.     Achieve a positive contribution to the streetscape and/or natural
          environment
GP3       Design quality
  i.      “Raise the bar” and facilitate quality sustainable development
  ii.     Respond to site conditions without imposing pre-determined designs
GP4       Quality public domain
  i.      Facilitate vibrant and attractive public spaces
  ii.     Enhance opportunities for community connection
 iii.     Design for crime prevention and public safety




                          DRAFT Wagga Wagga Development Control Plan 2010
        Exhibition January 2010       Section 1 –Introduction                  p1-2
1.6     Relationship to other plans
The WWDCP 2010 supplements the provisions of the WWLEP 2010 by
providing additional detail. The DCP should be read in conjunction with the
LEP.
Applications must conform to the requirements of the WWLEP 2010,
including the zones that are prescribed by the LEP and uses that can be
undertaken in those zones. The WWLEP 2010 will prevail where there is an
inconsistency between the plans.
The DCP and the WWLEP 2010 are in addition to the provisions and
requirements of State Environmental Planning Policies (SEPPs), Regional
Environmental Plans (REPs), and Contributions Plans and other local
environmental strategies.
This DCP repeals the WWDCP 2005 other than the following Chapters that
continue to apply in specific locations as set out below.
        All controls continue to apply:
        Chapter 26       Lake Albert Catchment
        Controls relating to the layout and details of subdivision continue to
        apply in the chapters below. Where there is an inconsistency
        between controls of these Chapters and the provisions of Section 9
        of this DCP the provisions of WWDCP 2009 prevail:
        Chapter 30       Mitchell Road
        Chapter 31       South Tatton
        Chapter 38       Bourkelands
        Chapter 39       Hilltop
        Chapter 41       Boorooma
        Chapter 42       Forest Hill
        Chapter 44       Estella




                        DRAFT Wagga Wagga Development Control Plan 2010
      Exhibition January 2010       Section 1 –Introduction                      p1-3
1.7     Structure of the WWDCP 2010
The WWDCP 2010 is multi layered. It is important to read all parts of the
DCP as applications must respond to all relevant sections:
Part A – Introduction
Part B – A Sustainable Cultural and Natural Environment
Part C – The Villages
Part D – Land Use Controls
Part E – Urban Release Areas
Below is a general guide to navigating between the Parts of the DCP.



                                                                         Part B – Is your property heritage
  Part A – Introduction
                                                                         listed or does it have any special
  Part A has two sections. Section 1 includes                            environmental features or potential
  instructions about the DCP and application of                          hazards
  policy. It is the starting point for all applications.
                                                                         Are there are any constraints that affect
  Check Section 2 to see if a Site Analysis plan is                      your land or the type of development you
  needed. Section 2 also contains parking                                are proposing. This could be heritage,
  requirements, and controls for landscaping and                         flooding, bushfire hazard salinity or
  signs.                                                                 contamination. If so check Part B.




  Part C – Is your site in a                   Part D – What type of                      Part E – Is your site in one of
  village?                                     development is proposed?                   the Release Areas?
  Part C contains controls that                The Part D controls relate to              Part E applies to land in the
  apply to the villages. If this Part          different types of development.            release areas. These are defined
  applies you do not need to refer to          Make sure your application                 in Part 6 of the WWLEP 2010. If
  Part D.                                      addresses the sections that are            your site is in a release area you
                                               relevant to the type of development        do not need to refer to Part D.
                                               that you are proposing.




                        DRAFT Wagga Wagga Development Control Plan 2010
      Exhibition January 2010       Section 1 –Introduction                                                p1-4
1.8      Using the WWDCP 2010
Guiding Principles
The Guiding Principles at Section 1.5 underpin all aspects of the
DCP. All development applications and decisions are to be
consistent with the Guiding Principles.
Sections of the DCP
Each section of the DCP begins with an introduction that gives the
rationale and context for that section. This is followed by Design
Principles which are an expression of Council’s expectations in
relation to the section. All development applications are to be
consistent with the Design Principles for the sections that apply to the
proposal.

      About Section 6
      There are nine villages across the rural areas of Wagga Wagga. All are
      zoned RU5 Village under the WW LEP 2008.                                               Introductory text explains the
                                                                                             rationale and context
      This section contains the controls that apply within the villages for all
      development applications. Most of the villages have a relaxed, non-urban
      character. They are different from the suburbs and often have wide streets
      and low scale buildings in garden settings. The controls of this section               Design Principles set out the
      acknowledge and seek to reinforce these established patterns.                          expectations for development
      Village Design Principles
      P1       The villages are non-urban places. New developments should
               promote sustainable outcomes and not seek to recreate typical
               urban experiences.
      P2       Each village has particular features that are part of the unique
               character or sense of place of the village. Design and locate new
               work to respect those characteristics.
      P3       The public domain should reflect the character, context and likely
               demand of each place through landscaping, street trees and
               furniture, signs and entries and engineering standards.


The controls
Objectives and controls are the detailed layer of the DCP. All
development applications are to be consistent with the objectives and
controls that are relevant to the proposal. Objectives and controls are
clearly numbered for easy identification.
Some controls specify numerical standards, others indicate what is
expected or set out the criteria that should be satisfied. Preferred
solutions are diagrams that show a particular design response that
will satisfy the controls. Alternate solutions which achieve the
objectives will also be considered.
Explanatory notes are provided in the right hand column to assist
interpretation of the controls. Links to other state government and
council documents are also included.

                                                                                    Preferred solution – health consulting rooms




                        DRAFT Wagga Wagga Development Control Plan 2010
      Exhibition January 2010       Section 1 –Introduction                                                 p1-5
1.9     Lodging a development application
Pre-lodgement meetings
Applicants are encouraged to seek advice from Council prior to lodging
development applications. Contact Council’s customer service desk to
arrange a pre-lodgement meeting.
Standard submission requirements
The Environmental Planning and Assessment Act 1979 and its Regulations
specify documentation required with all development applications. These
are required by law. Missing or incomplete documentation can delay
processing development applications.
A Development Application Guide is available from Council’s customer
service desk. The DA Guide sets out all information that is required with
development applications.

1.10    Notification of development applications
Public participation is an important component of the development
assessment process. These provisions ensure that public participation
occurs in an orderly, consistent and transparent manner.
Objectives
O1      Provide a framework for the notification and advertisement of
        development applications, applications to modify development
        consents and the review of development determinations.
O2      Provide an opportunity for public participation in the development
        application process.
O3      Establish a clear process whereby public views are considered in
        the development application process.
O4      Specify circumstances where notification and advertising of
        applications is not required.
O5      Identify development applications that will be notified and/or
        advertised and those persons that will be notified.
O6      Facilitate the efficient processing of applications without
        unreasonably compromising the opportunity for public participation.
Minimum standards
These provisions set the minimum level for neighbour and stakeholder
notification. There may be occasions when these minimum provisions are
increased at the discretion of the Council, taking into account the possible
impact of an application. That is, where notification/advertising is required to
occur it will always occur to the minimum requirements of the DCP.
However, on occasions the notification may extend beyond the minimum
number of properties and/or the advertising and notification period may be
extended.




                        DRAFT Wagga Wagga Development Control Plan 2010
      Exhibition January 2010       Section 1 –Introduction                        p1-6
Advertising and notification periods
Time periods for advertising and notification set by the Environmental
Planning and Assessment Act are:
Development category                             Advertising and notification period
Designated development                           30 days
Integrated development                           30 days
Remediation requiring consent                    30 days
Nominated integrated development                 14 days
Other advertised development                     14 days
Exempt or complying development                  Not required
Wagga Wagga Notification types A and B
Notification types A and B are the categories for minimum notification
requirements in the City of Wagga Wagga. The extent of notification may be
increased where the Council officer assessing the application is of the
opinion that additional notification is required taking into consideration the
potential impact of the proposal. The criteria to determine if additional
notification is warranted include:
       Views to and from the surrounding land and buildings
       Potential overshadowing of surrounding land and buildings
       Potential impact on privacy of surrounding land and buildings
       Potential noise, odour and vibration emissions to the surrounding
        land and buildings
       The likely visual impact of the proposed development in relation to
        the streetscape and views to and across the site
       Potential traffic generation
       Potential light-spill or reflection.
Notification type A:
Immediately adjoining properties at the side and rear. For properties in an
urban context, properties directly opposite the frontage of the development
site in the street or rear lane.
Notification type B:
Three properties either side of the development site and three immediately
adjoining at the rear plus three directly opposite the frontage of the
development site in the street or rear lane.
Application type                                     Advertised   Notified   Notification
                                                                             type
Residential development comprising:
   New dwelling or major alterations and
    additions to a dwelling house including a
    new storey or part storey, a major rear or
    side extension
                                                                            A
   First floor balcony or deck
   Construction of a swimming pool
   Construction of a tennis court with lights
   Construction of outbuildings requiring
    development consent
   Torrens title subdivision of an existing
    allotment to create up to and including 3
    new lots




                       DRAFT Wagga Wagga Development Control Plan 2010
     Exhibition January 2010       Section 1 –Introduction                                  p1-7
Application type                                   Advertised   Notified   Notification
                                                                           type
Residential development comprising:
   Secondary dwelling or dual occupancy
    development
   Multi dwelling housing as well as major
    alterations and additions to any existing
                                                                         B
    medium density/multi dwelling housing
    development
   Torrens title subdivision of an existing
    allotment to create more than 3 new lots
Non-residential development in R1, R3 or
R5 zone:
   Change of use of a residential property to
    a non-residential use including a bed and
    breakfast, family day care centres
   Change of use of an existing non-
    residential use or property to another                               A
    more intensive, non-residential use
   Erection of a building, or major alterations
    and additions to an existing building for
    non-residential purposes
   Erection of other non-residential
    structures such as advertising signs in
    association with a non-residential use
   Torrens title subdivision of an existing
    allotment to create up to and including 3
    new lots
Commercial and retail development in the
B1, B2 or B3 zone:
   Erection of a new building                                            A
   Alterations and additions to a commercial
    or retail building where it adjoins a
    residential building or a building known to
    be used for residential occupation
   Subdivision of an existing allotment to
    create new lots.
Industrial development in the IN1 and IN2
zones:
   Erection of a new building                                            A
   Alterations and additions where the site
    adjoins residential land or land known to
    be used for residential occupation
   Subdivision of an existing allotment to
    create new lots
   Non-exempt change of use
Commercial and retail development (other
than existing in a residential zone):
   Proposed use or change of use to
    licensed premises including uses such as
    clubs, pubs, hotels, nightclubs, licensed
    restaurants and the like
   Proposed use or change of use to major
    traffic generating developments such as                               B
    supermarkets, discount department
    stores, bulky goods retail, direct factory
    outlets, motels, child care centres, places
    of assembly, churches, reception centres



                       DRAFT Wagga Wagga Development Control Plan 2010
     Exhibition January 2010       Section 1 –Introduction                                p1-8
     and the like
    Proposed use of change of use for the
     purpose of a brothel or sex-industry
     related activities or products
    Proposed extension of hours of operation
     to any of the land uses identified above.
Development in the RU1, RU4 and R5?
zones:
    Large lot residential subdivision creating
     more than 2 lots
    Proposed use or change of use for any
     non-agricultural activity, including
     industries and extractive industries                          A
    Proposed use for intensive livestock
     keeping establishments
    Erection of a dwelling house within 150
     metres of a property boundary where the
     property is under separate ownership
    Any proposed use or erection of a building
     where, in the opinion of the Council, there
     is potential for impact on surrounding
     properties.
Development affecting a heritage item or a
building or work within the conservation
area:
                                                                   B
    Demolition of a building or work within a
     conservation area, other than partial
     demolition of a minor nature
    Demolition of a building or work that is a
     heritage item, other than partial demolition
     of a minor nature.
Other forms of development:
    High impact telecommunications facilities
    New educational premises                                      B
    New places of public worship
    New places of public assembly and the
     like
    Caravan parks
Other forms of development:
    Major alterations and additions to land                        A
     uses listed above

Procedures
Advertising procedures
C1       Development that is advertised will have a notice that describes the
         development placed in the local daily newspaper, known as The
         Daily Advertiser or on Saturdays in the Weekend Advertiser.
C2       The notification period for all advertised development commences
         one day after the date on which the notice first appears in the paper.
C3       The newspaper advertisement is to contain the following information:
         a. a brief description of the proposal that outlines the nature and
            purpose of the application
         b. the address of the proposed development
         c.   the name of the applicant


                       DRAFT Wagga Wagga Development Control Plan 2010
     Exhibition January 2010       Section 1 –Introduction                        p1-9
       d. the application reference number
       e. the relevant council assessment officer to contact and contact
          details
       f.   where the application may be inspected and the times of
            inspection
       g. the period during which submissions may be made
       h. Council contact details for the purpose of making a submission
       i.   A statement that any person may make a written submission in
            relation to the development application
       j.   A statement that any person making a submission by way of
            objection must specify the grounds of objection
       k.   A statement outlining the privacy rights of any person making a
            submission to the Council
Notification procedures
C4     Notification letters will be sent to relevant building owners and
       occupiers.
C5     For strata title buildings, notification will be sent to the Owners
       Corporation, the owners of strata units (where a mailing address is
       known to Council) and occupiers of the units.
C6     The notification letters are to contain the following information:
       a. the date of the letter
       b. the name of the applicant
       c.   a brief description of the proposal that outlines the nature and
            purpose of the application
       d. an A4 sized plan of the proposal
       e. the address of the proposed development
       f.   the application reference number
       g. the relevant council assessment officer to contact and contact
          details
       h. where the application may be inspected and the times of
          inspection
       i.   the period during which submissions may be made
       j.   Council contact details for the purpose of making a submission
       k.   A statement that any person may make a written submission in
            relation to the development application
       l.   A statement that any person making a submission by way of
            objection must specify the grounds of objection
       m. A statement outlining the privacy rights of any person making a
          submission to the Council
       n. A statement outlining the officer delegations to assess and
          determine relevant applications.
C7     A notification sign advising of the proposed development will be
       erected on the subject site in cases where the application is
       advertised development.



                       DRAFT Wagga Wagga Development Control Plan 2010
     Exhibition January 2010       Section 1 –Introduction                     p1-10
Amendments, modifications and reviews
C8      When an application is amended prior to being determined by the
        Council it will be re-notified and re-advertised (if previously
        advertised) where the amended application is considered likely to         Modifying consents
        result in additional environmental impacts.
                                                                                  Applications to modify development
C9      Amended applications that result in a reduction in the environmental      consents are known as Section 96
        impacts of a development are not required to be re-notified or re-        applications. There are three types of
        advertised.                                                               Section 96 applications:
                                                                                  S96(1) – applications involving
C10     An applicant may apply to modify a development consent that has           correction of minor errors or mis-
        been granted by Council provided the development remains                  descriptions
        substantially the same as the development originally approved.            S96(1A) – applications involving
        Only applications made under Section 96(2) will be notified,              minor environmental impacts
        consistent with the original application, and if relevant advertised as   S96(2) – applications seeking other
        well.                                                                     modifications
C11     As a minimum, Section 82A applications to review a previously
        determined development application will require re-notification to
        those people who may have previously made submissions to the
        original application.
C12     Where a Section 82A application is likely to have a greater impact        Review of determination
        than the originally approved application the review application will be   An applicant may request Council to
        notified, and if relevant advertised, in the same manner as the           review their decision about a
        original application.                                                     development application. Most
                                                                                  commonly these applications, known
Process following receipt of submissions                                          as Section 82A applications, are in
     1. Submissions in relation to development applications, Section 96           response to either a refusal or
                                                                                  conditions that may have been placed
        applications and Section 82A applications must be in writing (or by
                                                                                  on the consent where it has been
        email) for the Council to take them into account in assessing and         approved.
        determining an application.
     2. Submissions received by the Council will be available for public
        inspection upon request. Submissions will not be kept confidential,
        although the names and addresses of writers will be kept
        confidential if so requested in writing.
     3. Submissions will be formally acknowledged in writing by the Council.
     4. Applications will be assessed by Council officers, taking into account
        submissions received. Applications can then be determined in one
        of two ways – by Council officers under delegated authority provided
        by the Councillors or by the Councillors at a Council Meeting.
     5. If an application is to be considered by the Councillors at a meeting,
        those people who have made written submissions, together with the
        applicant, will be advised either in writing, telephone or email of the
        meeting at which the application is to be considered.
     6. Those people that have made submissions will be advised in writing
        of the Council’s decision regarding the application.




                        DRAFT Wagga Wagga Development Control Plan 2010
      Exhibition January 2010       Section 1 –Introduction                                      p1-11
1.11    Complying with the WWDCP 2010
The controls in this DCP support the Guiding Principles and section
objectives. Development applications must satisfy the Guiding Principles,
and the objectives of the relevant sections. Compliance with the controls will
not necessarily guarantee approval for a development application.
Where a variation is sought, the development application must document the
reasons and extent of the variation, and how the variation meets the Guiding
Principles and section objectives for Council’s consideration.

1.12    Where can I get more information?
For further information about this DCP please contact:
Council’s customer enquiry service – 1300 292 442
Council’s website – www.wagga.nsw.gov.au
Email – council@wagga.nsw.gov.au




                      DRAFT Wagga Wagga Development Control Plan 2010
    Exhibition January 2010       Section 1 –Introduction                        p1-12

								
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