What is a Development Control Plan (DCP) and How Does It Affect My Application?
- Richard Mead
- 6 days ago
- 3 min read
Development Control Plans in NSW: What They Are and Why They Matter
Once you know your proposed development is permissible under the Local Environmental Plan (LEP), the next document to understand is the Development Control Plan (DCP).
The DCP is where the detailed design and performance standards live, and it has a direct impact on how your project is designed, assessed and determined.
In short: A DCP provides detailed guidance on how development should be carried out in a council area. It sits beneath the LEP in the planning hierarchy and cannot override it, but it plays a significant role in the assessment of most DAs.
What Does a DCP Cover?
A DCP typically contains controls relating to:
Building setbacks (front, side and rear)
Maximum building height (sometimes more specific than the LEP)
Floor space ratio and site coverage
Car parking rates per land use type
Landscaping and deep soil requirements
Stormwater management
Acoustic and privacy requirements
Specific controls for heritage conservation areas
Controls for particular land use types (childcare, food premises, boarding houses)
Signage standards
How Does a DCP Differ from an LEP?
An LEP is a statutory instrument with legal force. Non-compliance with an LEP development standard is a serious matter that must either be rectified or justified through a formal Clause 4.6 variation request.
A DCP is a guideline document. Non-compliance with a DCP control is a material consideration in a DA assessment, but it does not automatically result in refusal. Councils must consider the objectives of each DCP control and assess whether the proposal achieves those objectives, even if it does not strictly comply with the numerical standard.
That said, significant or unexplained DCP non-compliance is one of the most common reasons for DA refusal or conditions requiring redesign.
Step-by-Step: Using a DCP in Your DA Assessment
Identify the applicable DCP for your council area. Some councils have one consolidated DCP; others have multiple.
Locate the chapter or section relevant to your development type (residential, commercial, heritage, etc.).
Work through each control and assess your proposal against the numerical standards.
Where your proposal does not comply, identify the objective of the control and consider whether the proposal still achieves that objective.
Document your compliance or justified non-compliance in the Statement of Environmental Effects.
Real-World Examples
Example 1: Car parking shortfall for a cafe
A cafe DA is lodged for a premises in a B2 Local Centre zone. The DCP requires one car space per 15sqm of floor area for food and drink premises. The premises is 90sqm, requiring six spaces. No on-site parking is available. The SEE demonstrates that the premises is within 200m of a council car park with surplus capacity, is well-served by public transport, and that the food and drink land use is consistent with the centre activity envisaged for the zone. Council accepts the shortfall as justified on its merits.
Example 2: Rear setback non-compliance
A residential extension is proposed with a 900mm rear setback where the DCP requires 3m. The objective of the rear setback control is to protect the amenity of adjoining properties and provide adequate private open space. The extension is a single-storey structure, will not overshadow the rear neighbour's living areas, and the rear yard of the subject property remains adequate. Council accepts the reduced setback as achieving the objectives of the control.
Common Misconceptions
"DCP controls are absolute rules."
They are not. A council must consider the objectives of each control, not simply refuse an application because a number is not met.
"If I comply with the DCP, my DA will be approved."
DCP compliance is important but not the only consideration. LEP provisions, neighbouring impacts, heritage constraints and other matters all play a role in the assessment.
"DCPs are the same across all councils."
DCPs vary significantly between councils. What is acceptable in one council area may not be in another.
Frequently Asked Questions
Can a DCP override an LEP?
No. In any inconsistency between a DCP and an LEP, the LEP prevails.
What happens if I don't address the DCP in my SEE?
Council will likely issue a Request for Additional Information, pausing the assessment clock and delaying determination.
Can council refuse a DA solely because it does not comply with a DCP?
Technically no, because councils must consider the objectives of each control. However, persistent or significant DCP non-compliance without justification is a common basis for refusal in practice.
Where do I find my council's DCP?
DCPs are published on council websites and the NSW Planning Portal.
Do SEPPs override DCPs?
SEPPs can override DCP controls to the extent expressly stated. For example, the Housing SEPP overrides some DCP controls for secondary dwellings.
Is a DCP a legal document?
A DCP is made under the EP&A Act and is a legally recognised planning document, but it does not have the same statutory force as an LEP.
