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tags: NSW, DCP
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# Blacktown Development Control Plan 2015

*Date Uploaded*
*15/12/2020*

*Date Released*
*29/07/2015*

*URL*
* https://www.blacktown.nsw.gov.au/Plan-build/Stage-2-plans-and-guidelines/Blacktown-planning-controls/Blacktown-Development-Control-Plan-2015

## Part A -Introduction and General Guidelines

### Table of Contents

1 Introduction...............................................................................................................5
1.1 Land to which this DCP applies .................................................................5
1.2 Relationship of this DCP to other Acts, plans and policies .....................5
1.3 Aims .............................................................................................................6
1.4 Objectives....................................................................................................7
1.5 The structure of Blacktown DCP 2015.......................................................7
1.6 DCP and LEP maps.....................................................................................8
1.7 How to use Blacktown Development Control Plan 2015 ..........................8
2 Submitting a Development Application...................................................................9
2.1 When is a Development Application required?.........................................9
2.2 Preparing your Development Application .................................................9
2.3 What happens to your Development Application? .................................10
3 Notification..............................................................................................................12
3.1 Objectives..................................................................................................12
3.2 Definitions .................................................................................................12
3.3 When does notification apply...................................................................13
3.4 Persons to be notified...............................................................................13
3.5 What types of impacts are of concern.....................................................13
3.6 Notice to be given to amended applications ...........................................14
3.7 Notice to be given for applications for modified approvals ...................14
3.8 Applications which will not be notified....................................................14
3.9 Information to be included in written notice and notification plan........14
3.10 Submissions..............................................................................................20
4 Environmental protection.......................................................................................21
4.1 Introduction ...............................................................................................21
4.2 Areas requiring fill.....................................................................................21
4.3 Tree preservation ......................................................................................21
4.4 Heritage......................................................................................................22
4.5 Pollution control........................................................................................25
4.6 Noise reduction.........................................................................................26
4.7 Bush fire prone land .................................................................................26
4.8 Development adjoining rail corridors and high volume roads...............26
5 Roads.......................................................................................................................27
5.1 Blacktown road network...........................................................................27
5.2 Road hierarchy and required road widths...............................................30
5.3 Cul-de-sac heads and intersections ........................................................32
5.4 Amendments to proposed road locations...............................................32
5.5 Land adjoining arterial and sub-arterial roads........................................33
6 Car parking..............................................................................................................35
6.1 Objectives..................................................................................................35
6.2 General principles.....................................................................................35
6.3 Specific land use requirements................................................................35
6.4 Design........................................................................................................39
6.5 Materials ....................................................................................................42
6.6 Signs ..........................................................................................................42
6.7 Monetary contributions.............................................................................42
7 Services...................................................................................................................44
7.1 Water..........................................................................................................44
7.2 Sewerage ...................................................................................................44
7.3 Electricity...................................................................................................44
7.4 Telephony ..................................................................................................44
7.5 Gas.............................................................................................................44
7.6 Postal services ..........................................................................................45
8 Special considerations...........................................................................................46
8.1 Solar access ..............................................................................................46
8.2 Downstream owner’s consent..................................................................46
8.3 Traffic generating development ...............................................................46
8.4 Crime prevention through environmental design...................................46
8.5 Retaining walls and ground reshaping....................................................48
9 Development on flood prone land .........................................................................49
9.1 General.......................................................................................................49
9.2 Aims and objectives..................................................................................49
9.3 Definitions .................................................................................................49
9.4 Control of development on flood prone land ..........................................50
9.5 Survey plans..............................................................................................52
9.6 Work as executed plans............................................................................53
10 Local overland flooding – major drainage and local runoff.................................54
10.1 The issue ...................................................................................................54
10.2 Aims and objectives..................................................................................54
10.3 Definitions .................................................................................................55
10.4 Control of development on land subject to local overland flooding .....55
Appendix 1 Recommended tree species .....................................................................58
A.1.1 Australian native tree species – evergreen trees....................................58
A.1.2 Australian native tree species – deciduous trees...................................58
A.1.3 Exotic tree species – evergreen trees......................................................59
A.1.4 Exotic tree species – deciduous trees.....................................................59
Figures
Figure 4.1 Areas of high archaeological significance ............................................... 24
Tables
Table 3.1 Notification policy for different classes of development......................... 19
Table 5.1 Recommended road hierarchy and road widths...................................... 31
Table 6.1 Car parking rates........................................................................................ 39
Table 6.2 Minimum bay and aisle dimensions.......................................................... 41

### 1 Introduction
Blacktown Development Control Plan (DCP) 2015 was prepared under Section 74C of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. The Plan was adopted by Council on 15 July 2015 and came into effect on 29 July 2015.

When assessing Development Applications (DAs), Council must consider the relevant provisions of Blacktown DCP 2015. This is a requirement under Section 79C of the Environmental Planning and Assessment Act 1979.

Compliance with this DCP does not guarantee that development consent will be granted, as Section 79C of the Environmental Planning and Assessment Act 1979 contains a number of other matters that must also be considered in determining DAs.

### 1.1 Land to which this DCP applies
Blacktown DCP 2015 applies to all land within the Blacktown Local Government Area that is zoned under Blacktown Local Environmental Plan (LEP) 2015.

### 1.2 Relationship of this DCP to other Acts, plans and policies
This DCP variably relates to the following legislation and policies:

a) Environmental Planning and Assessment Act 1979
b) Environmental Planning and Assessment Regulation 2000
c) Relevant State Environmental Planning Policies and Environmental Planning
Instruments
d) Local Government Act 1993
e) Building Code of Australia
f) Land and Environment Court Planning Principles

If there are any inconsistencies between the controls within the documents listed above and the Blacktown DCP 2015, the Acts, Plans and Environmental Planning Instruments within the above list prevail. Generally not all of these Acts, Plans and Environmental Planning Instruments will be relevant to every proposal.

#### 1.2.1 State Environmental Planning Policies

State Environmental Planning Policies (SEPPs) are a series of legal planning documents prepared by the New South Wales State Government. In some cases SEPPs apply to land within Blacktown and it is important to review these documents prior to applying the provisions of Blacktown DCP 2015. The complete list of SEPPs that are currently in force across NSW can be viewed by visiting the NSW Legislation website at: http://www.legislation.nsw.gov.au/.

Examples of how SEPPs may apply to development in Blacktown are as follows:

(a) State Environmental Planning Policy (Affordable Rental Housing) 2009 - this applies to specific land uses such as boarding houses and group homes
(b) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 - this applies to all residential development
(c) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - this informs what types of building works do not require a Development Application to be lodged with Council
(d) State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - this policy provides controls for certain lands within the Blacktown Local Government Area that are located within the North West Growth Centre. The Blacktown DCP 2015 is not applicable to the land located within this area.

Council can provide advice as to whether any SEPPs apply to either the land or type of works proposed. In the event of an inconsistency between Council’s Blacktown LEP 2015 or Blacktown DCP 2015 and a SEPP, the provisions within the SEPP shall prevail unless otherwise stated in the SEPP.

#### 1.2.2 Blacktown Local Environmental Plan 2015

Blacktown DCP 2015 should be read in conjunction with the Blacktown LEP 2015 Written Statement and associated LEP maps.

Blacktown LEP 2015 is a legal instrument that specifies how land within the Blacktown Local Government Area is zoned and what types of development are permitted (either with or without Council’s consent) and prohibited within each zone. The Blacktown LEP also contains a number of clauses that affect how land within Blacktown can be developed and used.

Blacktown DCP 2015 is intended to support the LEP by providing more detailed standards and guidelines that have been adopted by Council for development within the Blacktown Local Government Area. These standards are applied in addition to the provisions contained in Blacktown LEP 2015. In the event of an inconsistency between Blacktown LEP 2015 and Blacktown DCP 2015, the provisions contained in the LEP prevail.

#### 1.2.3 Section 94 contributions

Developer contributions are essential in providing access to the infrastructure and facilities that support the high quality of life that residents of Blacktown enjoy.

Council has adopted a number of Contributions Plans which have been prepared under Section 94 of the Environmental Planning and Assessment Act 1979. These plans require persons or entities developing land within the Blacktown Local Government Area to pay monetary contributions, provide capital works (works in kind), and/or dedicate land in order to help fund the increased demand for public amenities and infrastructure generated as a result of their developments.

All of Council’s current Section 94 Contributions Plans can be viewed online at:
www.blacktown.nsw.gov.au.

### 1.3 Aims

This Part of the DCP has been prepared to:

(a) Provide detailed policies and guidelines to ensure that all development within
Blacktown City is consistent with Council’s strategic long-term vision
(b) Provide information and guidance in relation to the Development Application
process.

### 1.4 Objectives

The objectives of this Part of the DCP are to:

(a) Provide a comprehensive document that details a framework for the development of land in the Blacktown Local Government Area
(b) Clearly set out the processes, procedures and responsibilities for the involvement of the community and key stakeholders in the development of land
(c) Promote development that is consistent with Council’s vision of creating a living environment
(d) Protect and enhance the natural and built environment, and ensure that satisfactory measures are incorporated to ameliorate any impacts arising from development
(e) Encourage high quality development that contributes to the existing or desired future character of the area, with particular emphasis on the integration of buildings with a landscaped setting
(f) Protect and enhance the public domain
(g) Encourage a high standard of aesthetically pleasing and functional development that sympathetically relates to adjoining and nearby developments
(h) Provide safe and high quality environments, that also promote the health and wellbeing of residents, workers and visitors of the Blacktown Local Government Area.
(i) Ensure that development incorporates the principles of Ecologically Sustainable Development (ESD).

### 1.5 The structure of Blacktown DCP 2015

Blacktown DCP 2015 consists of a written document and associated DCP Maps which can be accessed via Council’s website.

The written document is divided into the following Parts:

Part A – Introduction and General Guidelines
Part B – Development in the Rural Areas
Part C – Development in the Residential Areas
Part D – Development in the Business Areas
Part E – Development in the Industrial Areas
Part F – Telecommunications Facilities
Part G – Site Waste Management and Minimisation
Part H – Landfill Guidelines
Part I – Contaminated Land Guidelines
Part J – Water Sensitive Urban Design and Integrated Water Cycle Management
Part K – Supplementary Provisions for Specific Sites in Established Areas
Part L – Stonecutters Ridge
Part M – The Ponds
Part N – Ashlar Precinct
Part O – Blacktown CBD

Part A is applicable to all DAs and provides overall guidance on the operation of Blacktown LEP 2015 and Blacktown DCP 2015, the submission of DAs and the general requirements of Council.

Parts B to E and K to O provide specific information for those wishing to carry out development on land zoned rural, residential, business, industrial and open space, or in specific new release areas and other relevant sites respectively throughout the City of Blacktown.

Part F provides guidelines for the location and siting of telecommunications facilities and Part G provides guidelines designed to give a consistent approach to the minimisation of waste generation and the overall environmental effects of waste. Parts H to J provide guidelines on the control of landfill, contaminated land and integrated water cycle
management.

### 1.6 DCP and LEP maps

Blacktown DCP 2015 is accompanied by a series of maps which provide a variety of information, including contours, the location of major easements, roads and allotment boundaries. These maps are referred to as ‘DCP maps’. The DCP maps also provide information about proposed changes such as new road patterns and proposed road closures. These maps are accessible to the public via Council’s online mapping system, at www.blacktown.nsw.gov.au/Discover_Blacktown/Maps_Online.

Blacktown LEP 2015 is also accompanied by a series of maps containing a wide range of information, including zoning, development controls, environmental constraints and other issues. The LEP maps are also available on Council’s website.

### 1.7 How to use Blacktown Development Control Plan 2015

To determine Council's requirements you need to know the zoning of the land which you intend to develop or are interested in (see Blacktown LEP 2015). Council’s DCP map can assist in providing further details, to determine which Parts of Blacktown DCP 2015 are relevant. This is reliant on the location, zoning and proposed works to the site.

Once you know which Parts of Blacktown DCP 2015 are relevant to your proposed development, you should carefully read each section, taking note of Council's requirements for the type of development you propose.

You should plan and design your proposal to comply with the guidelines in Blacktown DCP 2015. If strict compliance is impractical or you believe to be unreasonable, a pre-lodgement meeting with Council officers is advisable and easily arranged. You should discuss any proposed variation or enquiry with Council at a pre-lodgement meeting or over the phone prior to submitting your DA.

## 2 Submitting a Development Application

### 2.1 When is a Development Application required?

Council recommends that a clear and correct property description and a specific description of the development proposal is obtained before seeking advice. This advice should be used as a guide. Council encourages applicants to undertake their own research. Council will use this information and refer to Blacktown LEP 2015 (as well as other legislation) to advise the correct course of action, which either will be:

(a) Lodging a Development Application (DA) with Council
(b) Lodging a Complying Development Certificate, whether with Council or a
private certifier.

In some cases development proposals do not require a DA. In these circumstances the proposed works are categorised as either exempt development or complying development. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides details on exempt and complying development. If the proposal is for exempt development, no formal documentation is required.

A Complying Development Application form and Development Application form can be found on Council’s website:

http://www.blacktown.nsw.gov.au/Resident_Services/Application_Forms/Development_Construction_Forms.

### 2.2 Preparing your Development Application

The first step in preparing a DA is to complete all relevant sections of Council's Development Application form.

It is vital that your DA is accompanied by all of the relevant information and documentation as outlined in Blacktown DCP 2015. An incomplete or incorrect DA can lead to significant delays in the processing of your application, or ultimately refusal.

If you propose to build new buildings or structures or alter existing buildings, you must submit at a minimum 4 copies of plans, drawn to an appropriate scale and clearly describing all proposed works and buildings, the site plan, floor plans and elevations. The plans must show existing external features such as kerb and gutter, power poles and the like and include a drainage plan showing the proposed means of connecting stormwater discharge into an acceptable drainage system. Council's suggested scales for the abovementioned plans are:

a) Floor plans at 1:100
b) Site plans at 1:200
c) Large development plans at 1:500.

Additionally, 6 copies of plans reduced to A4 should be included as part of the DA and all documentation should regardless be submitted in an electronic format.

When complete, your DA (completed DA form, written documentation, DA plans and DA fees) should be submitted to Council.

### 2.3 What happens to your Development Application?

Your DA will go through the following steps:


#### 2.3.1 Preliminary check

Once the DA submission is received it is given a preliminary check to see if the DA form has been filled out correctly and contains all of the information required for your proposal to be properly assessed. If there is insufficient or inaccurate information, you will be asked to supply additional information or your DA will not be accepted for assessment.

#### 2.3.2 Referrals

Most DAs are referred to various Departments within Council for expert advice e.g. Building Surveyors and Engineering staff for comments on building and engineering matters. Whilst your DA submission is not expected to provide ‘working drawings’ showing detailed structural and design information, Council checks your proposal for obvious problems that may impact upon the suitability or appropriateness of your proposal. Some DAs (usually for major proposals) are referred to State Government Departments, such as the NSW Office of Water or NSW Roads and Maritime Services (e.g. major proposals fronting a main road). If such a referral is necessary your DA will be an Integrated Development requiring the consent of an external authority and may take longer to process. Where such referrals are required, additional copies of plans will be necessary from applicants.

#### 2.3.3 Notification

The majority of DAs are notified in writing to surrounding and potentially affected residents and property owners. Notification aims to inform residents of the proposed works and provide opportunity for the public to have their say which in turn may bring to light matters that can influence the outcome of Council’s assessment of the proposed works. Section 3 of this Part provides more information on the notification process.

#### 2.3.4 Assessment

Section 79C of the Environmental Planning and Assessment Act 1979 lists the matters that Council must consider in assessing any DA. As part of this assessment, Council will consider the impacts of the development on neighbouring properties and therefore take into consideration any submissions received from the public. A recommendation is made either to approve (unconditionally or subject to certain conditions) or refuse the DA. Council then determines your DA.

#### 2.3.5 Determination

Once the decision is made you will be advised in writing.

If you receive a consent with conditions you must read the document carefully, taking note of each condition.

In most cases where building or site work is proposed, you will require a Construction Certificate (CC) and possibly engineering design approval. If a CC and DA are submitted together, building approval cannot be granted until Development Consent has been issued. However, a CC will be processed as far as possible by Council pending the issue of Development Consent.

## 3 Notification

### 3.1 Objectives

Recognising the importance of public consultation, the following section has been prepared
to:

(a) Provide for public participation in the development assessment process
where it is considered that the proposed activity may have an effect upon the enjoyment of other property
(b) Set out the matters for which Council will have regard when forming its opinion as to whether or not the enjoyment of adjoining land may be detrimentally affected by a proposed development
(c) Set out the criteria for notifying potentially affected persons
(d) Specify the circumstances when notification is not required
(e) Detail the form that notification will take and an applicant's responsibility to provide a notification plan.

3.2 Definitions

**Adjoining land** means land which abuts an Application site or is separated from it only by a pathway, driveway or similar thoroughfare.

**Affected person** means a person who owns or occupies adjoining land or neighbouring land, the enjoyment of which may be detrimentally affected by a proposed development.

**Application site** means the parcel of land to which a Development Application relates.

**Building** includes any building, part of a building and any structure or part of a structure.

**Development Application** means an Application for consent under Division 1 of Part 4 of the Environmental Planning and Assessment Act 1979 to carry out development.

**Neighbouring land** means any land, other than adjoining land, which is nearby a development site (and may include land in a neighbouring local Council area).

**Notification plan** means the plan showing the height and external configuration of buildings which accompanies a Development Application and includes such detail as described in this section.

**Land** includes any building or part of a building erected on the land.

**Owner** means:

(a) The person or persons who appear on Council's records to be the owner of the land at the date of notification
(b) In the case of land that is the subject of a strata scheme under the Strata Schemes (Freehold Development) Act 1973, or a leasehold strata scheme under the Strata Schemes (Leasehold Development) Act 1986, the Owners’ Corporation