What is the difference between the DLEP 2009 and the DDCP 2009?
The DLEP 2009 is a statutory planning instrument and is “law”. It is based on the state-wide “Standard Instrument LEP” which has been mandated by the Department of Planning (DoP). It sets zoning of land and permissibility of land uses. It contains some development standards such as minimum land subdivision sizes, heights of buildings and floor space ratio (ie the ratio of building floor area to site area). It also contains some clauses in relation to miscellaneous provisions, development within Gosford City Centre and some general provisions. Generally, standards can not be varied. LEP provisions are considered most important if a planning matter is brought a court of law and set by State Government, with the Minister for Planning “approving” LEPs. The DDCP 2009 is not a statutory planning instrument however is used by Council to provide further controls in relation to a number of planning matters, such as setbacks of buildings and building design considerations, or other matters to be