NSW Planning Controls Hierarchy
In NSW there is a hierarchy of legislation which governs the development process. There are numerous local, state and federal government requirements and industry standards that are required to be satisfied before building or development can commence.
When considering development work it is important to determine which category of development is applicable. Development rules are hierarchical with Acts and Regulations sitting at the top and providing legality to other rules.
Directly underneath are State Environmental Planning Policies (SEPPs) which guide development and building across NSW. Council develops Local Environmental Plans (LEPs) which are legislation made by the Minister of Planning.
To support legislation and provide guidance at a local level Council, through a legal process, makes Contribution Plans, Development Control Plans (DCPs), policies and other documents.
Hilltops Local Environmental Plan (LEP)
Active From 1 February 2023
A new local environmental plan covering all of Hilltops comes into effect on Wednesday 1 February 2023.
The new Hilltops Local Environmental Plan 2022 is a major step towards consolidating and upgrading all land use planning controls and standards in use across Hilltops.
The new Plan replaces the three separate LEPs that Council currently uses. It revises, updates and consolidates all the previous land-use plans that covered the Boorowa Shire, Harden Shire and Young Shire Council areas.
The Plan is now the single reference for ‘day to day’ planning and development decisions for the Council, community and industry.
The Plan also progresses the short term strategic objectives of Hilltops 2040, the official Local Strategic Planning Statement for Hilltops. It picks up the latest State Government planning legislation and policy including the use of Employment Zones and Conservation Zones. Hilltops is also one of the first Councils in NSW to use the digital LEP Mapping format for the Hilltops LEP on the NSW Planning Portal.
The Hilltops LEP wording and new mapping are included as a part of the Plan.
To view the LEP written instrument click here: Written Instrument
To view the LEP Maps click here: Mapping
Development Applications Under Hilltops LEP
Development Applications lodged on or after 1 February 2023 must be prepared in line with the provisions of the new Hilltops Local Environmental Plan 2022.
Any application lodged on the NSW Planning Portal will need to be received by Council before 1 February 2023 to be assessed against the existing planning controls.
*Applications lodged to the Planning Portal but have not been received by Council before 1 February 2023 will be assessed against the new Plan.
Current Local Environmental Plans
Active to 1 February 2023
Within the Hilltops Council Area there are three Local Environmental Plans:
- Young Local Environmental Plan 2010
- Boorowa Local Environmental Plan 2012
- Harden Environmental Plan 2011
From 1 February 2023, the new HIlltops Local Environmental Plan will be in effect and the above three plans will be repealed.
All of the Local Environmental Plans can be found on the NSW Legislation website through the links below.
Young Local Environmental Plan 2010
The plan applies to the former Young Shire Council Area and is made up of a written instrument and maps.
Young Local Environmental Plan 2010 came into effect on 2 August 2010.
To view the LEP written instrument click here: Written Instrument
To view the LEP Maps click here: Mapping
Boorowa Local Environmental Plan 2012
The plan applies to the former Boorowa Shire Council Area and is made up of a written instrument and maps.
Boorowa Local Environmental Plan 2012 came into effect on 15 June 2012.
To view the LEP written instrument click here: Written Instrument
To view the LEP Maps click here: Mapping
Harden Local Environmental Plan 2011
Harden Local Environmental Plan 2011 came into effect on 18 February 2011.
The plan applies to the former Harden Shire Council Area and is made up of a written instrument and maps.
To view the LEP written instrument click here: Written Instrument
To view the LEP Maps click here: Mapping
Additionally, mapping of the LEP’s planning controls for your property can be viewed via the NSW Planning Portal.
Development Control Plans
Development Control Plans further the objectives of the Local Environmental Plan by providing detailed land use requirements and guidelines and spell out where different types of development may be permitted.
The Local Environmental Plan (LEP) does not normally provide detailed guidance with regard to specific development design and location. Generally the purpose of a Development Control Plan is to indicate to anyone who seeks to develop what level of detail is required with certain types of applications and what standards are sought with the design of certain developments.
Development Control Plan’s contain more detailed controls with regards to specific development types and locations. They provide additional guidance and controls about different types of development and land uses. A Development Control Plan is prepared and adopted by Council.
There are two Development Control Plans; one for former Boorowa Council area and the other for the former Young Council area.
Young Development Control Plan 2011
The Young DCP 2011 was adopted by the former Young Shire Council on 26 August 2012. The plan came into effect on 8 October 2012.
The Young DCP applies to the former Young Shire council area and sits under the Young Local Environmental Plan 2010
The Young DCP 2012 was exhibited in accordance with the Environmental Planning and Assessment Regulation 2000.
Boorowa Development Control Plan 2013
The Boorowa DCP 2011 was adopted by the former Boorowa Shire Council on 25 November 2013. The plan came into effect on 9 December 2013.
The Boorowa DCP applies to the former Boorowa Shire Council area and sits under the Boorowa Local Environmental Plan 2012
Harden Development Control Plan
There is currently no Development Control Plan in force for the former Harden Shire council area.
Development Control Plans
Young Development Control Plan 2011
PDF – Click to download
Boorowa Development Control Plan 2013
PDF – Click to download
Engineering Guidelines and Plans
The following guidelines are provided to assist with meeting our engineering requirements and Australian Standards for developments and subdivisions.
Subdivisions and Development Standards
Engineering Guidelines for Subdivisions & Developments - Part 1 General Requirements
PDF – Click to download
Contributions Plans
Contribution Plans are developed by Council under the Environmental Planning and Assessment Act 1979 to help cover the costs of local infrastructure (open space, traffic management etc) needed to support new homes and businesses.
Section 94 or Section 94A Plans but are now referred to as Section 7.11 Developer Contributions under the Environmental Planning and Assessment Act 1979
Council also levies contributions in relation to Water and Sewer works and facilities under the Local Government Act 1993.
In addition, there are contributions plans for each of the former areas as well as development servicing plans.
Section 94 Plans
Harden
PDF – Click to download
Young
PDF – Click to download
Section 94a Plans
Boorowa
PDF – Click to download
Harden
PDF – Click to download
Young
PDF – Click to download
Section 64 Plans
Boorowa Sewer
PDF – Click to download
Boorowa Water
PDF – Click to download
Development Servicing Plans for Water Supply and Sewerage
PDF – Click to download
Heritage
The Hilltops Council Area contains many diverse places of built, natural and cultural heritage. Our parts of our heritage stems from significance in the history of the Australian mining and the Australian migration story dating back to the 1850’s and 1860’s as well as significant railway, pastoral and agricultural infrastructure.
Each Local Environmental Plan has the standard Clause 5.10 Heritage Conservation to conserve environmental heritage, the heritage significance of heritage items and heritage conservation areas, archaeological sites and Aboriginal objects and Aboriginal places of heritage significance.
Local Heritage listings
Each LEP lists various places of built, natural and cultural significance under Schedule 5 Environmental Heritage as follows:
- Young has 136 heritage items and 1 heritage conservation area – Young LEP Schedule 5 Environmental Heritage ;
- Harden has 107 heritage items and 0 heritage conservation areas – Harden LEP Schedule 5 Environmental Heritage ; and
- Boorowa does not have any heritage items or heritage conservation areas listed under Schedule 5.
State Heritage Listing
5 buildings and places in the region have State heritage significance and are listed on the NSW State Heritage Register, 2 under the Young LEP and 3 under the Harden LEP.
(link to State Heritage Register http://www.environment.nsw.gov.au/heritageapp/heritagesearch.aspx )
Heritage Studies
Young Community Based Heritage Study
PDF – Click to download
Thematic History of Young
PDF – Click to download
Young Main Street Heritage Study
PDF – Click to download
Young Heritage Strategy
PDF – Click to download
Young Aboriginal Heritage Study
PDF – Click to download
For copies of other documents relating to the former LGAs, please contact Council.
Council will be reviewing its local environmental plans, development control, contributions and development servicing plans in the near future.
Online Mapping
To view our online mapping tool, click here.