Planning Controls in Australia NSW
The Planning Framework in NSW
- State laws: All developments are governed by the Environmental Planning and Assessment Act 1979 (EP&A Act).
- Local rules: Councils implement this Act through planning instruments:
- LEP (Local Environmental Plan)
- DCP (Development Control Plan)
- Together, these documents set the legal and design framework for development.
Local Environmental Plan (LEP)
The LEP is the legal instrument created by each council. It controls the big-picture planning rules:
- Zoning: Defines land use (e.g. residential, commercial, industrial).
- Permissible Uses: What you can build (e.g. single dwelling, townhouses, apartments).
- Development Standards: Includes:
- Height of buildings (maximum storeys/metres).
- Floor Space Ratio (FSR = how much floor area relative to site size).
- Minimum lot size.
- Heritage conservation areas or environmental constraints.
🔑 Importance:
The LEP tells you if the project is even possible on the site. It’s your first check.
Development Control Plan (DCP)
The DCP provides detailed design guidance. While not legally binding like the LEP, councils expect compliance unless you can justify a variation.
It covers:
- Setbacks (distance from boundaries).
- Site coverage and landscaped areas.
- Solar access and overshadowing rules.
- Parking requirements.
- Neighbourhood character and streetscape guidelines.
- Materials and finishes (sometimes).
🔑 Importance:
The DCP is about how the building should look and function in context. Even if your LEP box is ticked, ignoring the DCP will likely cause council refusal.
Summary of Roles
| Document | Role | Binding? |
|---|---|---|
| LEP | Land use + development standards (zoning, height, FSR, lot size, heritage) | Legally binding |
| DCP | Design controls (setbacks, solar, character, parking, landscaping) | Guideline, but expected |
| EP&A Act | State law governing development | Law |
Key Takeaways
- Always start with the LEP – it decides if the project is viable.
- Use the DCP for design detailing – it shapes what council will support.
- Early alignment with LEP + DCP saves time, avoids redesign, and increases approval chances.
- Architects often prepare a Planning Report or rely on a Town Planner to support the DA with compliance arguments.
Useful Links
LEP and DCP Through the planning reports you can identify the relevant LEP and DCP
Complying and Excempt Development Codes
91 – Planning Controls
91.00 – Max Volumen / Envelope / Buildable Area
91.10 – GFA Calculations
91.20 – Landscape Calculations
91.30 – Vegetation Calculations (canopy)
92 – Amenities
92.10 – Solar Access
Shadow Diagrams – Vertical Views
Storage
Ventilation
Views
View Assessment
Video 1
Video 2 – pending download from loom and upload in youtube
Video 3
Video 4