DCP 2014 Revision 24 Part 3 Development Within Residential Zones Adopted 9 March 20202
DCP 2014 Revision 24 Part 3 Development Within Residential Zones Adopted 9 March 20202
DCP 2014 Revision 24 Part 3 Development Within Residential Zones Adopted 9 March 20202
– Revision 24
TABLE OF CONTENTS:
1 INTRODUCTION........................................................................................................................ 4
1.1 HOW TO USE THIS PLAN ......................................................................................... 4
1.2 ADDITIONAL CONTROLS FOR SPECIFIC LAND USES .......................................... 5
1.3 AIMS FOR DEVELOPMENT IN THE RESIDENTIAL ZONES ................................... 5
2 CONTEXT AND SETTING ......................................................................................................... 6
2.1 SITE ANALYSIS .......................................................................................................... 6
2.2 SCENIC VALUES ....................................................................................................... 6
2.3 GEOTECHNICAL ........................................................................................................ 7
2.4 MINE SUBSIDENCE ................................................................................................... 8
2.5 CONTAMINATED LAND ............................................................................................. 8
2.6 ACID SULFATE SOILS ............................................................................................... 9
2.7 STORMWATER MANAGEMENT ............................................................................... 9
2.8 CATCHMENT FLOOD MANAGEMENT ................................................................... 10
2.9 LAKE FLOODING AND TIDAL INUNDATION (INCORPORATING SEA LEVEL RISE) 12
2.10 NATURAL WATER SYSTEMS ................................................................................. 15
2.11 BUSHFIRE ................................................................................................................ 16
2.12 FLORA AND FAUNA ................................................................................................ 17
2.13 PRESERVATION OF TREES AND VEGETATION .................................................. 18
2.14 EUROPEAN HERITAGE........................................................................................... 20
2.15 ABORIGINAL HERITAGE ......................................................................................... 23
2.16 NATURAL HERITAGE .............................................................................................. 24
2.17 SOCIAL IMPACT ...................................................................................................... 25
2.18 ECONOMIC IMPACT ................................................................................................ 26
2.19 LOT AMALGAMATION IN THE R3 ZONE................................................................ 26
2.20 UTILITIES ................................................................................................................. 27
3 DEVELOPMENT DESIGN ....................................................................................................... 28
3.1 STREETSCAPE ........................................................................................................ 28
3.2 STREET SETBACK .................................................................................................. 28
3.3 SIDE SETBACK ........................................................................................................ 30
3.4 REAR SETBACK ...................................................................................................... 31
3.5 SITE COVERAGE ..................................................................................................... 33
3.6 BUILDING BULK ....................................................................................................... 34
3.7 GARAGES, CARPORTS, AND SHEDS ................................................................... 34
3.8 ROOFS...................................................................................................................... 35
3.9 VIEWS ....................................................................................................................... 35
3.10 SOLAR ACCESS AND ORIENTATION .................................................................... 35
3.11 ENERGY EFFICIENCY AND GENERATION ........................................................... 36
4 VISUAL PRIVACY.................................................................................................................... 37
4.1 ACOUSTIC PRIVACY ............................................................................................... 37
4.2 LANDSCAPED AREA ............................................................................................... 37
4.3 LANDSCAPE DESIGN.............................................................................................. 38
4.4 PRINCIPAL PRIVATE OPEN SPACE ...................................................................... 39
4.5 FRONT FENCES ...................................................................................................... 41
4.6 SIDE AND REAR FENCES ...................................................................................... 41
4.7 TRAFFIC AND TRANSPORT ................................................................................... 42
4.8 DESIGN OF PARKING AND SERVICE AREAS ...................................................... 43
4.9 DESIGN OF DRIVEWAYS ........................................................................................ 43
4.10 MOTOR BIKE PARKING AND BICYCLE STORAGE .............................................. 44
4.11 CAR PARKING RATES ............................................................................................ 44
4.12 NON-DISCRIMINATORY ACCESS .......................................................................... 47
4.13 SAFETY AND SECURITY ........................................................................................ 48
LIST OF TABLES:
Table 1 - Development requiring a landscape and visual impact assessment ......................................... 7
Table 2 - Flood Planning Levels and floor height requirements in areas affected by catchment flooding
and covered by a Floodplain Management Study and Plan..................................................... 11
Table 3 - Floor height requirements for land affected by Lake Flooding and Tidal Inundation
requirements. ............................................................................................................................ 14
Table 4 - Excluded Development Criteria for Development in Sensitive Aboriginal Landscape Map .... 23
Table 5 - Uses requiring Social Impact Assessment............................................................................... 25
Table 6 - Landscape development type and requirements ..................................................................... 39
Table 7 - Car Parking Rates for Development in Residential Zones ...................................................... 45
Table 8 - Development types requiring a Disability Access Audit ........................................................... 47
Table 9 - Development types requiring a Crime Risk Assessment ......................................................... 49
Table 10 - Requirements for cut and fill works .......................................................................................... 50
Table 11 - Uses requiring an Operational Waste Management Plan........................................................ 52
LIST OF FIGURES:
Figure 1 - Vegetated Riparian Zones ....................................................................................................... 16
Figure 2 - Street Setback where adjoining dwellings are present ............................................................ 29
Figure 3 - Street Setback – no existing adjoining dwellings ..................................................................... 29
Figure 4 - Side setbacks for 2 storey buildings ........................................................................................ 30
Figure 5 - Side setbacks for buildings of three storeys or more ............................................................... 31
Figure 6 - Side and Rear Setback – buildings up to 4.5m in height. ........................................................ 32
Figure 7 - Side and Rear Setback – buildings over 4.5m in height but less than 3 storeys ..................... 32
Figure 8 - Side and Rear Setback – buildings over 3 storeys in height ................................................... 33
Figure 9 - Good and Poor Examples of Private Open Space within the Front Setback ........................... 40
Figure 10 - Maximum Height of Side and Rear Fences ............................................................................. 42
Figure 11 - Cut and fill for a dwelling .......................................................................................................... 50
1 INTRODUCTION
Part 3 - Development within Residential Zones applies to all development in the R1 General Residential,
R2 Low Density Residential and R3 Medium Density Residential land use zones.
The R1 General Residential zone only applies to land at North Wallarah, which has a site specific Area Plan.
The North Wallarah Area Plan (in Part 12 of this DCP) contains most controls for development in this area.
For issues not covered in the North Wallarah Area Plan, the controls of Part 3 – Development within
Residential Zones apply to development in the R1 General Residential Zone.
This part is to be read in conjunction with Part 1 (Introduction) of LM DCP 2014, which outlines Council’s
general requirements for all developments and provides advice on the lodgement requirements for a
Development Application. Part 1 also contains requirements for when an application seeks to vary a
development control.
Additionally, controls for specific land uses may apply, depending on the type of development proposed.
These controls can be found within Part 9 - Specific Land Uses of this DCP. Furthermore, an Area Plan may
apply depending on the location of the development. Area Plans contain area specific controls that need to
be considered. They can be found in Parts 10 - Town Centre Area Plans, 11- Heritage Area Plans and 12 -
Precinct Area Plans of this DCP.
For more information on how to use this document, refer to Part 1 – Introduction.
Dwelling House in Rural and Environmental Housing on Small and Narrow Lots
Zones
Foreshore and Waterway Development Secondary Dwelling
• Any commercial buildings being more than 50 metres long on any side, or being over 10 metres
high
Location of development:
• Any development that is; within 300m of the Mean High Water Mark of the lake or coastal edge, or
on a ridgeline and involves two or more of the following:
o height equivalent to 3 or more storeys, or
o sloping site (10% or more), or
o requiring a combined cut and fill exceeding 2 metres, or
o a development footprint exceeding 2000m2.
• Any building or structure in a public reserve having a footprint exceeding 100m2 or being over 10
metres high.
• Any development on a heritage item and/or development within a heritage conservation area (apart
from alterations and additions to existing houses or new complying development houses)
• Any development within 300m of the Sydney-Newcastle Freeway (apart from alterations and
additions to existing houses or new complying development houses)
2.3 GEOTECHNICAL
Objectives
a. To minimise potential damage to buildings/structures resulting from land movement.
Controls
1. A geotechnical report prepared by a geotechnical engineer must accompany an application for
development within T1, T1A,T2, T2A, T3 and T3A areas, and within zones T4, T5 and T6 where
specified after a site inspection by Council. Council has discretion whether a geotechnical report is
required for the following minor structures and will consider site conditions and the size and
construction materials of the proposed structure:
• Garages,
• Carports,
• Decks and the like,
• Pergolas and the like,
• Fiberglass swimming pools, and
• Earthworks including excavation and / or fill not exceeding 1000mm in depth.
2. A geotechnical report prepared by a geotechnical engineer must accompany an application for
development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where
the building is three or more storeys high.
3. In areas not covered by Council’s geotechnical area maps and where the slope of the land
exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by
Council staff).
Note: Where an application relies upon a geotechnical report prepared as part of a previous development
approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the
proposed development is consistent with the geotechnical report.
Pasminco Lead Contamination Survey Grid, a Detailed Site Investigation Report is not required
where the parcel is assumed to be contaminated with lead oxide and/or Pasminco Black Slag.
3. For properties within the Pasminco Lead Contamination Survey Grid assumed to be contaminated
with lead oxide and/or Pasminco Black Slag, a standard Remedial Action Plan Template can be
completed and submitted with the application.
4. For properties contaminated with Black Slag that are not within the Pasminco Lead Contamination
Survey Grid area, a Standard Remedial Action Plan Template can be completed and submitted
with the application.
5. Where a Detailed Site Investigation Report identifies the need for remediation, a Remedial Action
Plan must be prepared and submitted prior to issue of a construction certificate.
6. The site must be validated as suitable for its intended use prior to the issue of an occupation
certificate.
Note: Council may request a formal audit of contamination documentation by a site auditor accredited with
the NSW Environment Protection Authority under the Contaminated Land Management Act 1997.
Note: Refer to SEPP 55 and the NSW State Government’s ‘Managing Land Contamination: Planning
Guidelines’ for more information.
d. To incorporate Water Sensitive Urban Design techniques into all new developments.
e. To minimise the volume and rate of stormwater leaving a development site.
Controls
1. A Water Cycle Management Plan must be submitted for all development except single dwelling
houses and dual-occupancy developments. The Water Cycle Management Plan must provide
details of the management of stormwater, and the measures proposed to mitigate the effects of
stormwater on adjoining or downstream sites in accordance with Council’s Water Cycle
Management Guidelines.
2. A Site Stormwater Drainage Plan must be submitted for all single dwelling houses and dual-
occupancy development proposals. The Site Stormwater Drainage Plan must be prepared in
accordance with Council’s Water Cycle Management Guidelines.
3. On-site measures must be implemented to maintain water quality, and to minimise the volume of
stormwater run-off and the rate at which stormwater leaves the site.
4. A maximum of 10% of run-off from built impermeable surfaces may be discharged directly to the
drainage system. The remaining 90% of run-off must be captured for reuse, or managed through
infiltration and retention measures prior to being discharged to the drainage system.
5. Stormwater management systems should be visually unobtrusive and integrated within site
landscaping, car parks or building structures.
6. All developments (except dwelling house or dual occupancy) that involve the re-use of stormwater
or the use of recycled water must demonstrate compliance with the Australian Guidelines for
Water Recycling and the licensing requirements of the Water industry Competition Act 2006.
7. Stormwater management systems must be designed in accordance with the Water Cycle
Management Guidelines.
1. Development must be consistent with the current version of the NSW Floodplain Development
Manual, and any relevant local flood study, floodplain management study or plan applying to the land
that has been endorsed by Council.
2. The proposed development must consider and respond to flooding hazards. It must also mitigate
risks to life and/or property through design and positioning of development.
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Part 3 – Development within Residential Zones
2.9 LAKE FLOODING AND TIDAL INUNDATION (INCORPORATING SEA LEVEL RISE)
This section applies to land on and near the Lake Macquarie foreshore that is shown as ‘Lots Affected by
Lake Flooding controls’ on Council’s ‘Flood Control Lots’ map. The map is indicative only and property
information should be checked to confirm if a lot is a Lake flood control lot.
Some lots are affected by both catchment flooding and lake flooding. The development controls that apply to
these lots depend on the type of development, and further advice should be sought from Council.
Provisions regarding Catchment Flooding are contained in section 2.8 of this Part of DCP 2014.
The floor height requirements in Table 3 below must only be used for development on lots shown as ‘Lots
Affected by Lake Flooding controls’ on Council’s ‘Flood Control Lots’ map.
Council completed the Lake Macquarie Waterway Flood Study and Risk Management Plan in 2012. This
flood study and risk management plan incorporated the implications of predicted sea level rise.
Predicted sea level rise is based on expert advice from NSW Government agencies and expert scientific
agencies, namely that projections of sea level rise along the NSW coast are for a rise relative to 1990 mean
sea levels of 40cm by 2050 and 90cm by 2100.
The controls contained in this section prevail where there is an inconsistency with other development
requirements. This is particularly relevant to cut and fill controls.
Objectives
a. To ensure that development is sited and designed to minimise potentially adverse impacts of
flooding on the proposed development, or on other properties.
b. To ensure that measures are implemented to reduce the impact of flooding and flood liability on
owners and occupiers of flood prone property. Such measures must also reduce private and public
losses resulting from flooding, and manage risks to property and life from flood events.
c. To ensure that development adequately considers and responds to sea level rise projections, and
the predicted effects on inundation, flooding, coastal and foreshore recession, and on groundwater
levels.
d. To ensure that development on land vulnerable to sea level rise is situated and designed to
minimise the risk from future inundation, flooding, coastal and foreshore recession, and from rises
in groundwater levels during the expected life of the development.
e. To ensure that development is designed to enable future adaptation if projections are realised, or
that measures are implemented to mitigate any adverse impacts of climate change or sea level
rise.
f. To encourage innovative responses to sea level rise impacts.
Controls
1. Development must implement measures to mitigate the adverse effects of projected sea level rise
and increases in flood levels on the development.
2. Development should be designed and situated to reduce the risk from the effects of sea level rise.
For example, structures should be located on the highest part of the Lot and/or located on the Lot
as far back from the foreshore or coastline as possible, while still meeting other controls and
objectives of the DCP.
3. Development should not be located in areas predicted to be permanently inundated during the life
of the asset. The assumed asset life is 100 years for residential care facilities and seniors housing,
hospitals, mixed use development, as well as medium and high density housing, and 50 years for
other developments.
4. Notwithstanding the provisions for Cut and Fill in section 3.26, special consideration may be given
to increased fill allowances in areas affected by sea level rise provided that:
i. Additional fill does not adversely affect stormwater management, drainage, or the flow of
water from roads, natural or constructed watercourses, foreshore areas, or adjoining
properties.
ii. The filled area maintains functional connections to adjoining footpaths, roads, neighbouring
blocks, and other local features.
5. Development identified within Table 3 should comply with the floor height provisions. Where the
development proposed is not contained within Table 3, or an alternative to the provisions contained
within Table 3 is proposed, a Flood Safety Audit and Management Plan must be submitted with the
application, which is to include:
i. Current 100 year ARI flood levels and velocity, as well as 2050 and 2100,
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Part 3 – Development within Residential Zones
ii. Analysis of potential and likely risk of flooding, and/or potential threat to life and/or property,
now and at 2050 and 2100,
iii. Analysis of the potential effects of permanent inundation, foreshore recession and rising
groundwater,
iv. Where flood proof materials are proposed, evidence of flood-proof characteristics of those
materials is to be provided,
v. Where an innovative of adaptable building design is proposed, it meets the principles and
performance criteria set out in the Development Guidelines for Resilient Housing for Lake
Macquarie, and
vi. Any other justification for an alternative adaptive measure to be implemented.
6. The assessing officer may determine that the development proposal is of a minor nature and there
is no need for a Flood Safety Audit and Management Plan. In these circumstances, the assessing
officer still needs to be satisfied that the proposed development adequately addresses projected
sea level rise and increases in flood levels.
Table 3 - Floor height requirements for land affected by Lake Flooding and Tidal Inundation requirements.
Development Type (including Minimum Floor Height Actual Minimum Floor
extensions) Requirements Level for Land to which the
Lake Flood Study Applies
Dwellings
Habitable rooms 1 in 100 year probable flood level 2.36 m AHD
for 2050 + 500mm freeboard (post
and beam rather than slab on
ground preferred)
6. A Plan of Management must be submitted in accordance with State Government guidelines for
development proposed within a VRZ.
7. Asset Protection Zones must not be located within the Vegetated Riparian Zone.
Img_238
Figure 1 - Vegetated Riparian Zones
60m + channel
Any third order1 watercourse 30 metres
width
80m + channel
Any fourth order1 watercourse or greater (includes estuaries, 40 metres
width
wetlands and any parts of rivers influenced by tidal waters)
2.11 BUSHFIRE
This section only applies to land identified on Council’s Bushfire Prone Land Map.
Objectives
a. To ensure that risks associated with bushfire are appropriately and effectively managed on the
development site.
b. To ensure that bushfire risk is managed in connection with the preservation of the ecological values
of the site and adjoining lands.
Controls
1. Development must comply with the NSW Planning for Bushfire Protection Guidelines
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Part 3 – Development within Residential Zones
of the habitat, the threat of sea level rise and the type of development proposed. The buffer
should be designed to keep the area of significance in natural condition.
7. A suitable barrier such as a perimeter road should be provided between development, (including
landscaped areas) and native vegetation or significant habitat features, to minimise edge effects
8. Where a proposed development is likely to impact on an area of native vegetation, it must be
demonstrated that no reasonable alternative is available. Suitable ameliorative measures must
also be proposed (eg: weed management, rehabilitation, nest boxes).
9. Rehabilitation of degraded areas of the development site should include local native species to
establish a self-maintaining ecosystem as close as possible to the natural state.
10. Buildings and structures, roads, driveways, fences, dams, infrastructure, drainage and asset
protection zones should be located outside of areas with significant flora and fauna, native
vegetation corridors and buffers.
11. An application for removal of native vegetation will only be considered where it is ancillary to, and
necessary for conducting an approved use of the land (ie: an application for clearing alone will not
be supported).
12. Where retention or rehabilitation of native vegetation and/or habitat is required, a vegetation
management plan must be prepared in accordance with Council’s Vegetation Management Plan
Guidelines. This must detail how vegetation will be protected, rehabilitated and managed before,
during and after construction.
13. Long-term protection and management of areas set aside for ecological reasons is encouraged
through secure tenure with appropriate conservation management. This may be achieved through
a Planning Agreement.
14. Development should be consistent with the effective conservation of land within any adjacent
Environmental or Waterway zone and its protection from adverse impacts. It should include, but
not be limited to weed invasion, erosion and sedimentation, pollution, chemicals, nutrients,
stormwater run-off, feral and domestic animals.
Note: Council may require a bond to ensure that native vegetation is protected and any ameliorative
measures are undertaken.
2. Except in the E2 Zone, development consent is not required to remove, injure, wilfully destroy or
clear native vegetation (excluding native trees and shrubs over three metres in height), only if:
i. The work is for the purpose of landscaping understorey vegetation and lawn areas where the
area to be cleared is less than 600m² (in total), and is on the same allotment as, and within
the curtilage of an approved dwelling;
ii. The soil surface exposed in any period of 90 consecutive days is less than 250m 2;
iii. The slope of the land is less than 15 degrees;
iv. The area is not subject to a development consent that requires the native vegetation to be
retained; and
v. The work does not involve the disturbance of habitat for threatened species.
3. Development consent is not required to ring bark, cut down top, lop, remove, injure, wilfully destroy
or clear a tree or native vegetation, if:
i. The tree is not listed on Council’s Significant Tree Register or as Heritage Item or is located
within a heritage conservation area, and
ii. The tree or native vegetation is not required to be retained by a development consent, and
iii. The tree or native vegetation is within five metres of the outermost projection of a lawfully
used building (that is not exempt or complying development) and is on the same allotment as
the building, or
iv. The tree or native vegetation is within one metre of a sealed driveway to a lawfully used
building (that is not exempt or complying development) and is on the same allotment as the
building, or
v. The tree or native vegetation is within five metres of the outermost projection of a lawfully
used building (that is not exempt or complying development) on an adjoining allotment and
the building and owners of both properties reach a written agreement that is submitted to
Council prior to removal.
Note: For the purposes of clause 3 the distance must be measured from the trunk of a tree or shrub
measured at ground level to the outer most projection of the building.
Note: A sealed driveway is a driveway or car park with an impervious surface such as concrete, pavers, or
bitumen. A gravel driveway is not classed as a sealed driveway.
Note: A lawfully used building does not include drainage, excavation, a garden shed or jetty, but does
include an underground water storage structure, septic tank or swimming pool.
4. Development consent is not required for removal of a tree or native vegetation if Council is satisfied
beforehand that the tree or native vegetation:
i. Is dead and is not required as habitat for native fauna or
ii. Is a risk to life or property.
Note: Evidence to support removal should be forwarded to Council in accordance with requirements
outlined in Council's Tree Preservation and Native Vegetation Management Guidelines. Council's Tree
Assessment Officer may undertake a site inspection to verify that these conditions are satisfied.
Note: Habitat required for native fauna includes native vegetation and trees (including dead or dying trees)
support hollows, spouts, splits, nests and roosts.
5. Development consent is not required for removal of a tree or native vegetation if:
i. The tree or native vegetation is in danger of imminent failure and there is risk to life or
property; and
ii. The tree is not listed on Council’s Significant Tree Register or as Heritage Item or is located
within a heritage conservation area, and
iii. Evidence to support its removal is forwarded to Council following the removal, in accordance
with Council’s Tree Preservation and Native Vegetation Management Guidelines.
6. Development consent is not required for removal of a NSW native tree if the tree is:
i. not listed on Council’s Significant Tree Register or as Heritage Item or is located within a
heritage conservation area, and
ii. not located within other native vegetation and,
iii. less than three metres in height and
iv. has a trunk diameter at ground level of less than 75mm.
7. An application for removal of tree(s) and native vegetation will be considered only where it is
necessary for conducting an approved use of the land. An application for clearing alone will not be
supported.
8. A report from a suitably qualified arborist must be submitted to support:
i. Any application that may have an impact on a tree listed in Council’s Significant Tree Register,
or on tree(s) or native vegetation listed as heritage items or located within a heritage
conservation area;
ii. Any request to review Council’s determination of an application for tree pruning or removal; or
iii. Any application that Council determines may cause significant impacts on native trees or native
vegetation.
9. An arborist report must include a plan to scale that clearly shows:
i. The location of the proposed development;
ii. The location, diameter, canopy spread, condition and species of each tree on the site;
iii. All trees to be removed;
iv. All trees to be retained;
v. All trees with habitat hollows;
vi. Tree protection zones for all trees to be retained; and
vii. Any asset protection zones.
10. Habitat trees must be assessed by a suitably qualified flora and fauna specialist.
11. Measures must be implemented to protect native vegetation and trees to be retained during
construction works. Such protection measures must be specified in the development application,
and should be compiled in accordance with Council's Tree Preservation and Native Vegetation
Management Guidelines.
12. Where habitat trees are removed, measures (such as nest boxes) must be implemented to
mitigate against injury or loss of native fauna and habitat. Such measures must be specified in the
development application.
13. Boundary fences must be located, designed and constructed to avoid removing or damaging
native trees that have a diameter of 200mm or greater, measured at ground level.
Note: Refer to Council’s Tree Preservation and Native Vegetation Management Guidelines for further
details and the Significant Tree Register.
Note: Where the removal of five or more native trees is proposed, an arborist report may be required in
addition to a Flora and Fauna Assessment prepared in accordance with Council’s Flora and Fauna Survey
Guidelines.
1. A Heritage Assessment and Statement of Heritage Impact must be submitted to Council where a
proposed development:
i. incorporates, or is adjacent to an item of heritage significance;
ii. is located within a heritage conservation area, or,
iii. has been identified by Council to have particular circumstances that warrant it.
Note: Council officers will use the following criteria to determine the need for Heritage Assessment and
Statement of Heritage Impact is required under control 1(iii) above:
• The subject site includes a building erected prior to 1950 whether or not it is identified as being of a
particular architectural style,
• The development is considered in conflict with its heritage context , streetscape, or heritage precinct,
• The subject site includes a potential heritage item.
2. The impact of development on an item of heritage significance must be minimised by:
i. Restricting the extent of development to that which is necessary;
ii. Conserving what is significant about the item;
iii. Clearly differentiating new development from the existing significant fabric;
iv. Ensuring that development is of a scale, form, mass, proportion and finish that is
sympathetic with the heritage item; and
v. Ensuring that development is sufficiently separated from the heritage item, so as not to
compromise the existing level of visibility.
3. For development involving demolition of an item of heritage significance, a heritage assessment
and Statement of Heritage Impact must be prepared and lodged. It must verify that all alternative
options to demolition have been fully investigated, and demonstrate the replacement building’s
compatibility with the physical context. The Statement of Heritage Impact must include details of
the:
i. Structural condition;
ii. Overall extent of the remaining fabric;
iii. Potential retention and adaptive reuse; and
iv. Comparative costings.
4. Where demolition of the whole of a heritage item is proposed, approval must be sought
concurrently for the replacement building.
5. Alterations and additions to items of heritage significance must where possible:
i. Occur at the rear of the building;
ii. Maintain the established building line;
iii. Maintain an existing driveway access to the rear of the property;
iv. Incorporate or retain elements such as chimneys, windows and gables;
v. Maintain established patterns of buildings and garden; and
vi. Not overwhelm or dominate the existing building.
6. Alterations and additions to items of heritage significance must be recognisable, on inspection, as
new work. They must not mimic the design, materials or historic details of the heritage item.
7. Garages, sheds, carports, external utilitarian structures and the like must be detached and located
at the rear, or set back at least two metres behind the heritage item.
8. Utilitarian structures must be constructed of the same material as the heritage listed building.
LMCC DCP 2014 – Revision 24
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Part 3 – Development within Residential Zones
Note: The SEPP (Exempt and Complying Development Codes) 2008 does not apply to land within the
Sensitive Aboriginal Landscape area. However, exempt development within this SEPP may not require
further Aboriginal assessment if it fulfils the requirements of the Excluded Development Criteria Table
5. Where required, the Aboriginal Heritage Impact Statement must be prepared in accordance with
the Lake Macquarie Aboriginal Heritage Management Strategy and the Office of Environment and
Heritage Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW,
which includes consultation with the Aboriginal community.
6. Where a proposal seeks to destroy, remove or impact on an Aboriginal object, any development
will be Integrated Development and will also require a permit from the Office of Environment and
Heritage.
Controls
1. Site amalgamation should not result in an isolated lot this is unviable for redevelopment to the
scale and intensity desired for the locality.
2. Development that would result in the creation of an isolated lot must provide for a future extension
incorporating the isolated lot or demonstrate that the isolated lot can be developed independently.
3. Development that would result in the creation of an isolated lot must be supported by
documentation that demonstrates in writing that an offer to purchase has been made to the
owner(s) of the isolated lot and the owner has refused to negotiate. A Licensed Valuer must base
the offer on at least one recent independent valuation.
4. Development that would result in the creation of an isolated lot must comply with the Planning
Principles established by the Land and Environment Court in Melissa Grech v Auburn Council
[2004] NSWLEC 40, Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC
189; Karavellas v Sutherland Shire Council [2004] NSWLEC 251; provide for a future extension
incorporating the isolated lot, or demonstrate that the isolated lot can be developed independently.
2.20 UTILITIES
Objectives:
a. To identify utility requirements and new infrastructure at an early stage of development.
b. To ensure utilities structures are integrated in the site planning and design of development.
c. To protect and improve the visual amenity of the primary street frontage.
Controls:
1. All existing and additional utility infrastructure must be identified at the site planning stage.
2. The location of existing and proposed electricity kiosk sub-stations, fire hydrants, along with
clearance areas and access ways must be identified and shown on building and landscape
plans.
3. Council may require the provision of underground electricity services for the full length of the
primary frontage.
3 DEVELOPMENT DESIGN
3.1 STREETSCAPE
Objectives
a. To ensure that development responds to the existing, or desired future character of the street.
b. To ensure that buildings address the street and any adjacent public space.
c. To ensure that development provides passive surveillance of the street.
d. To ensure that onsite car parking, garages, and driveways do not dominate the streetscape.
e. To enhance street amenity for pedestrians and make a positive contribution to the streetscape.
Controls
1. The development design must contribute to the streetscape through built form and landscape that
respects and responds to the local context, and the desired streetscape of the area.
2. Development design must recognise the street function, by using appropriate species, and locating
utilities and services to reflect that function.
3. Development must provide direct and legible pedestrian access from the street to the front entry of
each dwelling or building and provide non-discriminatory access.
4. Development design must include windows of habitable rooms that overlook the street.
Developments on corner sites must overlook both streets.
5. Garages and parking structures must be setback and designed to minimise visual impact when
viewed form the street.
6. Retain and incorporate existing buildings and structures that are in sound condition that positively
contribute to the streetscape character including heritage items.
Note: A front setback is measured at 90o from the front lot boundary to the building facade.
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Figure 2 - Street Setback where adjoining dwellings are present
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Figure 6 - Side and Rear Setback – buildings up to 4.5m in height.
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Figure 7 - Side and Rear Setback – buildings over 4.5m in height, but less than 3 storeys
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Figure 8 - Side and Rear Setback – buildings of 3 storeys or more
3.8 ROOFS
Objectives
a. To ensure that roof forms are designed to complement the local street character.
b. To ensure that roof height does not unnecessarily increase the bulk of the building.
c. To ensure that roofs are designed to conceal plant and other associated equipment.
Controls
1. The roof form must not be the dominant built element of a dwelling on any elevation.
2. The roof design must be a low angled pitched form where this complements the prevailing built
form in the street.
3. For single storey development or where the second floor is fully contained within the roof space the
roof must not exceed 5m in height.
4. For all other development the roof must not exceed 3m in height.
5. Air conditioning units, lift motor rooms and other plant must be fully integrated within the building
volume, either within the roof volume or within an architectural roof feature.
6. Other roof elements, such as photovoltaic panels, communication devices, antennae, satellite
dishes, chimneys and flues must not have an adverse impact on views from neighbouring
properties, or from the public domain.
3.9 VIEWS
Objectives
a. To allow for the reasonable sharing of views.
b. To ensure that solar access to each dwelling has priority over access to views.
c. To ensure that retention of existing canopy trees has priority over views.
Controls
1. Developments must provide for the reasonable sharing of views in accordance with the Planning
Principle established by the Land and Environment Court in Tenacity Consulting v Warringah
Council [2004] NSWLEC 140 and Davies v Penrith City Council [2013] NSWLEC 1141.
2. Developments must provide for reasonable public domain views in accordance with the Planning
Principle established by the Land and Environment Court in Rose Bay Marina Pty Limited v
Woollahra Municipal Council [2013] NSWLEC 1046.
3. Dwelling design must address solar access before the access to views.
4 VISUAL PRIVACY
Objectives
a. To ensure that the design of buildings provides an acceptable level of internal and external visual
privacy for new and existing developments, on the subject and surrounding land.
b. To maximise outlook, views, and natural surveillance without compromising visual privacy.
Controls
1. Developments must provide for a reasonable level of privacy in accordance with the Planning
Principle established by the Land and Environment Court in Meriton v Sydney City Council [2004]
NSWLEC 313,Super Studio v Waverley Council [2004] NSWLEC 91 and Davies v Penrith City
Council [2013] NSWLEC 1141.
2. Living areas, habitable rooms and windows must be orientated to private open space areas on the
same lot, or to the street.
3. Doors, windows and balconies must be designed and orientated to avoid overlooking the private
open space and habitable rooms of surrounding dwellings. Avoid direct or close views of 9 metres
or less. Screening devices, high sills or obscured glass may be used only where other options are
not feasible.
4. Planter boxes, louvres, screens, pergolas, balcony design and the like must be used to screen a
minimum of 50% of the principal private open space of a lower dwelling from overlooking from a
higher dwelling. Landscape planting must not be relied upon as sole protection against
overlooking.
b. To enable landscape planting in front setback areas that enhances the streetscape.
c. To enable landscape planting in rear setback areas that enhances residential amenity.
d. To ensure landscape areas are integrated into the design of the development.
e. To promote on-site stormwater infiltration by encouraging pervious surfaces and landscaped areas.
f. To conserve significant vegetation, topographical features and fauna habitat.
Controls
1. For lots less than 600m2, the minimum landscaped area must be 20% of the total lot area.
2. For lots between 600m2 and 900m2, the landscaped area must be at least 25% of the total lot area.
3. For lots greater than 900m2, the landscaped area must be at least 35% of the total lot area.
4. For lots greater than 1500m2, the landscaped area must be at least 45% of the total lot area.
5. Proposals must retain significant natural features on the site, including mature trees, rocky
outcrops and other major vegetation where practical.
6. At least one landscaped area capable of supporting a mature tree must be located adjacent to the
rear boundary.
Note: A minimum width of 2 metres is required for an area to be included in the landscaped area
calculations.
3. Private open space within the front setback may only be considered on local roads and where it
cannot be accommodated anywhere else as demonstrated by the site analysis
4. Private open space located within the front setback area must:
i. maintain clear, direct access to dwelling entry when viewed from the street, and
ii. not cover more than 50% of the building frontage, and
iii. have a minimum of 3 hours of sun access between 9 am and 3 pm, and
iv. not have a solid fence that is more than 1 metres high or an open fence that is more than 1.5
metres high, and
v. incorporate landscaping in front of fence for privacy and streetscape, and
vi. maintain streetscape surveillance.
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Figure 9 - Good and Poor Examples of Private Open Space within the Front Setback
9. Batter slopes must not exceed a gradient of 1:4, unless stabilised by dense planting.
10. Fill must not contribute to unreasonable impacts on amenity or the redirection of water onto
adjoining properties.
11. Any fill used must be certified Virgin Excavated Natural Materials, certified Excavated Natural
Material or uncontaminated engineered fill.
Note: If an application seeks to replace an existing retaining wall, consideration must be given to whether it
is possible to achieve the above controls on the particular site.
Table 10 - Requirements for cut and fill works
Location Type of Works Requirement Other Requirement
within building footprint cut and/or fill - retained c =3 m max
outside building footprint cut and/or fill - retained 1.0m max
near common boundary cut and/or fill - retained a =1m min* landscape planting to area
between boundary fence and
b =1m max
retaining wall
near common boundary fill – unretained batter e =400 min side and rear fences built on
existing ground level
remainder of site cut and/or fill - retained 1.0m max retaining walls on or near a
front boundary do not exceed
1.0m.
all of site fill – unretained batter d = 600mm max batter slope not to exceed 1:4
Note *: distance to a boundary is measured from the face of the retaining wall
5 OPERATIONAL REQUIREMENTS
5.1 DEMOLITION AND CONSTRUCTION WASTE MANAGEMENT
Objectives
a. To reduce demolition waste by maximising beneficial reuse of infrastructure, buildings and
materials onsite.
b. To avoid creating construction waste wherever possible.
c. To enable maximum diversion of demolition and construction wase to reuse, recycling or
composting.
d. To ensure that waste management is planned across all demolition and construction stages so that
reusable resources and waste can be appropriately and effectively stored and removed safely from
site without adverse impacts on local amenity.
Controls
1. Applications must provide a completed Demolition Waste Management Plan (WMP) (where there
are demolition works) and a Construction WMP (for construction works), in accordance with
Chapter 2 (for Demolition) and Chapter 3 (for Construction) of the Lake Macquarie City Council
Waste Management Guidelines unless the development is:
i. Permitted without consent in this zone
ii. Drainage
iii. Earthworks
iv. Roads
v. Signs
vi. Stormwater management facilities
vii. Utility installations
These plans must be provided to any relevant person involved in the demolition and/or
construction, including architects, project managers, builders, contractors and sub-contractors.
2. The Demolition WMP must describe how the proposal avoids creating waste and how it maximises
the reuse and recycling of demolition and construction materials.
3. The following must be shown on scaled plans to be submitted with the development application for
demolition and construction stages:
i. waste storage area(s) with bins and equipment shown to scale;
ii. waste collection area(s) with bins shown to scale (if different from storage areas);
iii. waste carting route(s) from buildings to waste storage area(s);
iv. bin carting route(s) from waste storage to collection point(s) (if different from storage areas);
and
v. for developments proposing onsite collection, the waste collection vehicle route, swept path
and clearances.
b. To ensure sufficient volume of equitably accessible, safe, hygienic and aesthetically appropriate
waste storage is provided on the property to minimise negative impacts of waste management on
occupants and neighbours.
c. To enable maximum opportunities for separation of reusable, recyclable, compostable and problem
wastes from residual garbage bins.
d. To ensure equitable access for all occupants to opportunities to maximise diversion of waste.
e. To provide flexibility to expand or reconfigure waste separation systems, so that owners and
occupants have options to access a range of waste services.
f. To ensure secure separation of commercial waste from residential waste storage and collection.
g. To provide unobstructed waste collection point(s) that are safely and efficiently accessible by
Council waste collection vehicles wherever possible.
h. To provide unobstructed, safe access to move bins and bulk waste (such as furniture and
whitegoods) between storage and collection points.
Controls
1. An Operational Waste Management Plan (WMP) must be prepared in accordance with the Lake
Macquarie Waste Management Guidelines and submitted with the development application for all
identified in Table 11, in other parts of this Development Control Plan or when Council identifies
that particular circumstances warrant it.
Table 11 - Uses requiring an Operational Waste Management Plan
• Dwellings
• Commercial and retail, recreation and tourism
facilities
• Industrial developments and infrastructure
• Events
• Subdivisions
2. The Operational WMP must address all wastes that will be generated from the operation of the
premises. The plan must maximise opportunity for separation from general waste of reusable,
recyclable and compostable materials for reuse, recycling and composting wherever possible.
3. The development application must demonstrate - in the Operational WMP and on plans with bins,
equipment, waste collection vehicle swept paths and clearances all shown to scale - that the
development has sufficient and usable:
i. bin type, sizes, numbers and collection frequency; and
ii. internal storage within premises; and
iii. waste carting route(s) from premises to external waste storage area(s); and
iv. external waste storage areas; and
v. bin carting route(s) from waste storage to waste collection point(s); and
vi. waste collection point(s);
vii. for developments proposing onsite collection, the waste collection vehicle route(s), swept paths
and clearances; and
viii. waste management information guide for owners and occupants
4. For developments with the following specific land uses, the development and Operational WMP
must address other matters as identified in the Lake Macquarie Waste Management Guidelines:
i. boarding houses and hostels; group homes; short-term rental accommodation; social housing;
and seniors' living developments;
ii. commercial and retail premises
iii. veterinary hospitals;
iv. aged care facilities;
LMCC DCP 2014 – Revision 24
Page 52 – F2014/01178
Adopted by Council 9 March 2020
Part 3 – Development within Residential Zones
Controls
1. For proposals where the area of soil disturbance is less than 250m2, appropriate erosion and
sediment control measures must be installed and maintained. This will prevent pollutants from
entering water courses during construction and until 70% ground cover is attained.
2. For proposals where the area of soil disturbance is more than 250m2 but less than 2500m2, an
Erosion and Sediment Control Plan (ESCP) must be prepared and lodged, in accordance with
Council’s Erosion and Sediment Control Guideline.
3. For proposals where the area of soil disturbance is more than 2500m2, a Soil and Water
Management Plan, identifying erosion prevention and sediment control measures, must be
prepared and lodged, in accordance with Council’s Erosion and Sediment Control Guideline.
4. The maximum area of soil exposure at any one time must not exceed 2.5 hectares.
Note: Council may vary the requirements, especially where there is a higher or lower risk of polluting
receiving waters. Further information may be required for any site depending on, but not limited to, the
calculated soil loss, sediment type and an assessment of site constraints and opportunities.
d. To ensure that odours and emissions do not have an unreasonable impact on public health.
e. To ensure that emissions do not have an unreasonable impact on natural environment.
Controls
1. An air quality report must be prepared by an air quality/odour expert where a proposed
development has the potential to adversely affect air quality. This report must:
i. Consider the information provided on Council's Local Air Quality Maps;
ii. Address impacts caused by construction and ongoing operation or occupation of the
development;
iii. Identify emissions, and measures to mitigate the overall impact, and the impact on nearby
residences and occupants of other properties especially sensitive receivers; and
iv. Be prepared in accordance with the Approved Methods for the Modelling and Assessment of
air pollutants in New South Wales and other requirements prescribed in State and Federal
legislation.
Note: Council's air quality map is based on modelling air pollution in the local government area and identifies
areas where the Criteria Air Pollutants exceed the National Environment Protection Measure (Ambient Air
Quality) standard.