The DCP contains detailed planning controls that are not included in LEP 2011. The DCP is necessary to cover details not covered by the LEP. The LEP and DCP both affect planning decisions in Warringah and must be read together.
Where does the DCP apply?
The DCP applies to all land where LEP 2011 applies. This does not include land identified as a ‘deferred’ matter.
Deferred Matter and the DCP
Certain parts of Warringah have been ‘deferred’ by the State Government and are not covered by the current LEP. The affected land is in the B2 Oxford Falls Valley and C8 Belrose North localities. The DCP does not apply to this deferred land.
There is an amended version of the old DCP 2000 (Notification) which does apply to deferred land.
The State Government’s Standard Instrument (Local Environmental Plans) Order 2006 requires local Council’s to implement a Standard Instrument LEP. The State Government has created the Standard Instrument LEP to assist in streamlining the NSW Planning system.
The NSW Government’s Standard Instrument LEP does not allow replication of the ‘place based’ approach which was a feature of LEP 2000. Rather the new LEP is based on a system of zones that are differentiated by the range of permitted and prohibited land uses. The Standard Instrument LEP either permits or prohibits land uses. It does not recognise different categories of suitability for permitted land uses like LEP 2000.
The standardisation of definitions and land use zones in LEP 2011 provides greater certainty regarding land use and permissibility in Warringah.
In addition to LEP 2011, a new DCP has been prepared by Council. The new DCP contains detailed planning controls that cannot be included in LEP 2011.
In approving the new LEP, the Minister for Planning and Infrastructure, Brad Hazzard deferred land in the proposed E3 Environmental Management zone that is currently within the B2 Oxford Falls Valley and C8 Belrose North localities, under LEP 2000. Council proposed to protect the environmentally sensitive land located within the C8 Belrose North and B2 Oxford Falls Valley localities under LEP 2000, to no avail. Ultimately, it was the Minister’s decision to defer the land.
To determine if you are affected by the Minister’s decision to defer land, please refer to the Warringah Local Environmental Plan 2011 Land Application Map.
Council will be running two Local Environmental Plans. LEP 2000 applies to land that was proposed to be zoned E3 in the Oxford Falls Valley and some land in Belrose (as defined by the locality C8 Belrose North under LEP 2000) until the State Government resolves the issues involved in the deferral of land.
LEP 2000 will apply to all deferred land and to development applications submitted prior to 9 December 2011. LEP 2011 will apply to all non-deferred land.
The new DCP controls will not apply to the deferred land. At this time, there are no DCP controls governing deferred land. Please refer to LEP 2000.
All new applications received by Council from 9 December, 2011 will be assessed under LEP 2011 with the exception of deferred land. LEP 2000 is no longer applicable to non-deferred land within Warringah. We appreciate that this may be an inconvenience to some and may attribute additional costs. Council has been opposed to the deferral of land within Warringah. Please ensure that your application regarding non-deferred land has been prepared under LEP 2011.
All development applications submitted to Council prior to 9 December 2011 will be assessed under LEP 2000, with consideration of LEP 2011. Please refer to the savings provisions in Clause 1.8 of LEP 2011.
Section 149 Certificates are only valid for the day in which they are issued. All Section 149 Certificates issued prior to 9 December 2011 have been prepared under LEP 2000. For the latest property information relating to your land, please order new Section 149 Certificates.
LEP 2011 is available on the NSW Legislation website. The new DCP can be viewed on Council’s website. LEP 2011 and the new DCP are also available for viewing at Council's Civic Centre at Dee Why.
LEP 2000 is available for viewing at Council's Civic Centre at Dee Why or via this link.