Kempsey Development Control Plan 2013

Procedure 1.1.3 Updated 10 January 2017

Chapter A1: Introduction

1 - Introduction

1.1 Name of this Plan

This Plan is called the Kempsey Development Control Plan 2013 (KDCP2013).

It has been prepared pursuant to the provisions of Section 74C of the Environmental Planning and Assessment Act 1979 (the EPAA1979) and Clauses 16-24 of the Environmental Planning and Assessment Regulation 2000 (the EPAR2000).

Council and any other relevant consent authority is required, under Section 79C of the Act, to take into consideration the relevant provisions of the KDCP2013 in determining development applications on land to which the Plan applies.

1.2 Scope of this DCP

DCP2013 applies to the whole of the Kempsey Local Government Area, with the exception of land identified in Appendix H1.

DCP2013 applies to all development that requires the submission of a development application under Part 4 of the EPAA1979.

DCP2013 does not apply to Exempt and Complying Development. Provisions relating to exempt and complying development are contained primarily in the SEPP (Exempt and Complying Development Codes) 2008, with some additional provisions in KLEP 2013. All SEPPs and REPs should be reviewed to determine whether they contain provisions relating to exempt and complying development.

1.3 Commencement

This Development Control Plan is effective upon making of the Kempsey Local Environmental Plan 2013.

This DCP repeals any other DCP made before this DCP, with the exception of those listed in Appendix H1.

1.4 The Consent Authority

Kempsey Shire Council is the Consent Authority for the purposes of this DCP, subject to the exceptions authorised under the Environmental Planning and Assessment Act 1979. Such exceptions include:

  1. The Minister is the Consent Authority for projects identified under Part 3A of the Environmental Planning and Assessment Act 1979.
  2. The Joint Regional Planning Panel (JRPP) may be the consent authority role under the State Environmental Planning Policy (Major Developments) 2005.

Council will use this DCP in the assessment of development applications.

1.5 Dictionary

This plan adopts the terms and definitions of the Kempsey Local Environment Plan 2013, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the Environmental Planning and Assessment Act 1979.

Additional terms used in this DCP are defined in the Glossary located towards the end of this DCP. Where there is an inconsistency, the higher order instrument/legislation prevails.