The Local Council prepares documents to regulate development in their local government areas and the instruments with which they do this are the LEP and DCP. Although both are prepared by council the LEP is reviewed by State Government and is very strictly applied.

The LEP provides a framework for allocating zones to land– i.e., it sets out what development is permitted on the land with consent. It is legally binding.

An exemption can be applied for via a SEPP1 objection, and Council may grant consent if it feels your objection is well founded.

The DCP is prepared to provide guidelines in the form of objectives and controls and is open to interpretation.

There is generally a list of objectives which describe the purpose of the controls. The controls then outline the ways that these objectives may be achieved.

However, these are just guidelines, and you may be able to show that you can achieve the objectives in ways other than those set out in the controls.

What do you do when there is a conflict between the LEP and DCP?

Based on the list above, although not impossible, it is much more difficult to get a development approved if it does not comply with the LEP.

However, not complying with the DCP’s controls but complying with the objectives can mean a development is more easily approved.

Article: Teresa Serrao