Tamworth Regional Interim Development Control Plan 2007
Document Sample


Tamworth Regional Council
Tamworth Regional Development Control Plan 2009
Part A – Administration 1
A1 INTRODUCTION
This development control plan (DCP) applies to the Tamworth Regional Local Government Area. Its
content is divided into Parts of application, as follows –
Part A Administration and Procedures
This section contains the statutory requirements under the EP&A Act and identifies
the purpose and aims of this Plan.
Part B General Information and Guidelines
This part contains information relevant to all development, such as community
consultation procedures and development application documentation
requirements.
Part C General Guidelines for Development
This information is relevant to all kinds of development, such as car parking
requirements. This Part must be read in conjunction with the Specific Provisions of
the Plan in sections D and E.
Part D Specific Guidelines by Development Kind
This Part includes specific information relating to various kinds of development such
as residential, industrial, subdivision and commercial, etc.
Part D Location Specific Guidelines
The location specific guidelines have application on various sites, localities or
precincts within the Tamworth Regional LGA, such as the Central Business District
Areas of Manilla and Barraba.
Appendices also form part of the document, updated each financial year, comprising –
Appendix A Fees and Charges
Appendix B Developer Contributions
Effective from xx month, year
Tamworth Regional Council
Tamworth Regional Development Control Plan 2009
Part A – Administration 2
A2 PURPOSE OF THE PLAN
The purpose of this Plan is to provide a consolidated document of the DCPs of the former local
government areas of Barraba, Manilla, Nundle, Parry and Tamworth, and provide the necessary
detail and guidelines to achieve positive planning outcomes.
The Plan complements the statutory provisions contained in the Tamworth Region Local
Environmental Plan 2009 which applies to land within Tamworth Regional LGA.
A3 AIMS OF THE PLAN
The principal aim of this Plan is to complement the statutory provisions contained within the
Tamworth Regional Local Environmental Plan. This will be achieved by:
Providing clear and concise development standards for various forms of development;
Inclusion of location‐specific development guidelines where necessary to promote orderly
and effective development outcomes;
Identifying the circumstances and procedure for community consultation in the
development application process; and
Application of the Plan in a consistent manner, reinforcing certainty of development
outcomes for both the developer and the community.
A4 STATUTORY REQUIREMENTS
The DCP is titled “Tamworth Regional Development Control Plan 2009”.
The DCP is a development control plan prepared under Section 74C of the EP&A Act and associated
Regulations.
Section 74C(5) in the EP&A Act provides that, in the event of any inconsistency between this DCP
and the provisions in an environmental planning instrument (such as a State Environmental Planning
Policy, Regional Environmental Plan or Local Environmental Plan) the environmental planning
instrument shall prevail.
Section 79C(1)(a)(iii) of the EP&A Act requires Council (or any other consent authority) to consider
this DCP when determining development applications that are covered by this DCP.
A5 LAND TO WHICH THE PLAN APPLIES
This Plan applies to all land within the Tamworth Region Local Government Area.
Effective from xx month, year
Tamworth Regional Council
Tamworth Regional Development Control Plan 2009
Part A – Administration 3
A6 REPEALED AND CONSOLIDATED PLANS
This Plan repeals all development control plans within the former local government areas of Barraba,
Manilla, Nundle, Parry and Tamworth in so far as that land is now within the Tamworth Regional
Local Government Area.
The Plans which will not be consolidated into this plan are:
• Parry DCP No.8 – Rural Adjustment Allotments
The gazettal of the State Environmental Planning Policy (Rural Lands) 2008 removed the opportunity
for rural adjustment allotments.
• Parry DCP No.11 – Heritage Estate
This Estate is now developed.
• Manilla DCP No.1 – Rural Residential Development
The changes to the LEP which no longer operate in this manner, ie, concessions to subdivision,
negate the need for this development control plan.
• Tamworth Regional DCP No.1 – Telecommunications and Radio Communications
The Department of Planning is proposing to amend State Environmental Planning Policy
(Infrastructure) 2007 to include telecommunications facilities. A draft Telecommunications Facilities
Code including Broadband (see attached) has been prepared, which lists the telecommunication
facilities that are proposed to be exempt or complying development and therefore do not require a
development application. The code also provides best practice principles for the site selection,
design, construction and operation of telecommunication facilities in order to minimise visual, safety
and health impacts.
• Tamworth Regional DCP (South Kingswood) 2006
The Lot Size Map nominates an minimum area for subdivision which leaves only two parcels of land
that have adequate area to seek consent for subdivision.
The Plans which are condensed into this Plan are identified in the following table.
Condensed
Plan Reference Plan Title
Location
Barraba DCP No.1 Barraba Central Business District E1
Manilla DCP No.2 Manilla Central Business District E2
Effective from xx month, year
Tamworth Regional Council
Tamworth Regional Development Control Plan 2009
Part A – Administration 4
Manilla DCP No.3 Outdoor Advertising Code C2
Manilla DCP No.5 Residential Development Code D2, D3
Manilla DCP No.6 Standard for Intensive Agricultural Pursuits D7
Parry DCP No.1 Rural Residential Development D3
Parry DCP No.4 Village of Kootingal E3
Parry DCP No.6 Poultry Development D7
Parry DCP No.9 Landscaping guidelines C4
Parry DCP No.10 Notification and Advertising of Development B2
Applications
Parry DCP No.12 Residential Development D2
Tamworth DCP No.1 Traffic and Parking Guidelines C1
Tamworth DCP No.2 Guidelines for Commercial and Retail D4
Development
Tamworth DCP No.3 Outdoor Advertising Guidelines C2
Tamworth DCP No.4 Guidelines for Industrial Development D5
Tamworth DCP No.5 Residential Housing Guidelines D2
Tamworth DCP No.6 Guidelines for Health Consulting Rooms and D6
Medical Centres
Tamworth DCP No.7 Subdivision Guidelines for Westdale E11
Tamworth DCP No.8 Guidelines for Groveleigh Gardens Estate E10
Tamworth DCP No.9 Guidelines for Outdoor Lighting C5
Tamworth DCP No.10 Guidelines for East Point Estate E8
Tamworth DCP No.11 Guidelines for Calala Rural‐Residential Estate E9
Tamworth DCP No.12 Guidelines for Dual Occupancy and “Granny D2
Flat” Development
Effective from xx month, year
Tamworth Regional Council
Tamworth Regional Development Control Plan 2009
Part A – Administration 5
Tamworth DCP No.13 Regulation of Brothels and Restricted D9
Premises
Tamworth DCP No.14 Longyard Masterplan E10
Tamworth DCP No.16 Hills Plain East E5
Tamworth DCP No.18 Interim Flood Management Policy C3
Tamworth DCP No.19 Subdivision Guidelines D1
Tamworth DCP No.20 Advertising/Notification of Development B2
Applications
Tamworth Regional DCP (Hills Plain) 2006 E6
Tamworth Regional DCP (South Kingswood) 2006 E12
A7 VARIATIONS TO THE PLAN
Council may consent to an application that departs from the provisions of this Plan only in
exceptional circumstances. The provisions of the Plan are considered to be generous enough to
facilitate an appropriate level of development without unreasonably restricting freedom of design or
preventing innovative design.
Should an applicant seek a departure or variation from the provisions of the Plan, this request must
be nominated in writing as part of the necessary Statement of Environmental Effects, including
justification for the deviation. Depending upon the departure sought, the supporting documentation
could include additional plans or studies prepared by a suitably‐qualified and –experienced
consultant.
A8 DEFINITIONS
Definitions of terms used within this Plan are provided in this section, with the exception of those
defined in the Environmental Planning & Assessment legislation or the Draft Tamworth Region Local
Environmental Plan 2009. In the absence of a definition, the Macquarie Dictionary shall be used.
INSERT REQUIRED DEFINITIONS HERE …
A9 AMENDMENTS TO THE PLAN
Effective from xx month, year
Tamworth Regional Council
Tamworth Regional Development Control Plan 2009
Part A – Administration 6
From time to time, it may become apparent that amendment to the Plan is required to achieve the
stated aims and objectives. Any amendment to the Plan will be subject to the procedures of
community consultation and administration identified in the Environmental Planning & Assessment
legislation. Amendments will be identified in this section.
NO AMENDMENTS
Effective from xx month, year
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