Development Rules

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.

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

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

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

Section 94a Plans

Section 64 Plans

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

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.