Willoughby Development Control Plan

Willoughby Development Control Plan (WDCP) came into force on 21 August 2006. The WDCP applies to all land in Willoughby and all types of development.

The WDCP is supplementary to Local Environmental Plans (LEPs) and State Environmental Planning Policies (SEPPs). If there is any inconsistency between the WDCP and WLEP 2012, WLEP 2012 will prevail to the extent of the inconsistency.

A Development Control Plan specifies detailed guidelines and environmental standards for new development, which need to be considered in preparing a Development Application. The WDCP provides a layered approach – some parts are relevant to all development, some to specific types of development, and some to specific land.

  • All development must take into account the controls contained within Part C - General Development Guidelines.
  • The next level of control is based on development type. For example, if the proposal is for a residential flat building, then the relevant controls in Part D2 - Specific Controls for Residential Development will need to be considered. Other parts are Part E Commercial and Shop Top Housing Development, Part F Industrial Zones, Part G Controls for Specific Development Types etc.
  • In all cases, it must be established whether a proposal involves works to an identified heritage item, works within a heritage conservation area, or works within the vicinity of a heritage item.
  • In these cases, the controls and guidelines within Part H - Controls for Heritage Items and Conservation Areas, will apply. These heritage controls take precedence if there is any inconsistency with other controls within the Plan.
  • It is important that all applicants also check Part I - Controls for Specific Sites/Areas. This part contains specific controls for defined sites within Willoughby. As with the heritage controls, in the event of any inconsistency between the specific controls in Part I and other controls in the WDCP, the controls in Part I take precedence.

Amendments to WDCP

Amendments to the WDCP are made in accordance with the Environmental Planning and Assessment Act 1979 and Part 3 of the Environmental Planning and Assessment Regulation 2000.

Amendments to the WDCP are publicly exhibited for 28 days following a report to Council on the merits of the proposed amendment. The public exhibition will be available on Council’s website and at Council’s Administration Building, Level 4, 31 Victor Street, Chatswood.

During the public exhibition period any person can make a submission.

Notification

Notification of the public exhibition of draft amendments to WDCP will include:

1. Where the amendment involves a site or area specific change, the owners of property covered by the amendments
2. Within Willoughby City, the owners of property adjoining or neighbouring the land covered by the amendments who in the opinion of the responsible Council Officer may be affected by the amendments if adopted.
3. Depending upon the subject matter, local organisations that might have an interest in the amendments
4. A notice of the public exhibition in the North Shore Times
5. A notice on the Council web page

The following amendments will not be notified to individual owners in accordance with i) and ii), but will be advertised in the North Shore Times as required by the EPA Regulations and on Council’s website:

  • Amendments to the WDCP which affect the whole of the City or, in the opinion of the responsible Council Officer, affect a major portion of the City (generally more than 2000 properties);
  • Amendments to the WDCP which do not change existing policy, which involve editing changes, changes to definitions or rectifying drafting errors

Submissions

Important Information about making submissions:

Read Council’s Privacy Statement with regard to submissions to Council.

Political Donations and Expenditures

When making a submission, you should also be aware of disclosure requirements for Political Donations and Gifts.

Submissions

All submissions received during the public exhibition will be considered and reported to Council.

Council is not bound to adopt or support a submission.

Submissions received outside the period will not be considered unless the correspondent has requested an extension of the time within the notification period and received approval for the extension. Reasons for seeking the extension must be provided.

Submissions may be made by e-mail, facsimile or mail.  Anonymous submissions will be given little or no weight.

After considering any submissions, Council may:

  • Approve the amendments in the form it was publicly exhibited
  • Approve the amendments with alterations
  • Not proceed with the amendments