St Huberts DCP thwarted

A development control plan (DCP) for part of St Huberts Island can not be put into place due to amendments to the Environmental Planning and Assesment Act by the State Government, Gosford Council has been told.

DCP145 St Huberts Island proposed amendments to address several concerns including caveat issues and guidelines for moorings, but cannot be brought into affect.

The State Government amendments to the Act through the Planning Reform Act came into effect from September 30.

The changes facilitate the modernisation of local environmental plans across NSW, clarify the status of development control plans (DCPs) and promote the reduction in the number of such plans and allow for the use of DCPs and staged development applications to achieve master planning objectives.

The changes encourage the reduction in the number of DCPs and encourage local councils to review their current development control plans to ensure that they reflect current policy and are consistent with the provisions in Environmental Planning Instruments

A report from Gosford Council stated that the recent amendments would result in more work for councils.

"In some cases, such as Gosford City Centre and Somersby Industrial Park, DCPs, amendments will need to be made in order to ensure compliance with the new requirements" the report stated.

"In many cases, no amendments to existing DCPs, or preparation of new DCPs will be able to be done in the short term."

The new Section 74C about "Preparation of development control plans" had major implications for all Councils in NSW when more than two DCPs applied to the same parcel of land.

The council report stated that current DCPs were saved under the legislation and may continue, however since September 30 they cannot be amended, nor could new ones be prepared applying to the same land, otherwise all the existing DCPs would become invalid.

Council has resolved to write to the Minister for Planning outlining the implications of the recent amendments to the act and asking that any required legislative amendments be made to make the DCPs permissible up until a new city LEP is prepared.

Council agenda ENV.87, December 6