Notification of repeal of DCPs and policies applying to the former City of Hurstville LGA and former City of Kogarah LGA

Council is exhibiting the draft Georges River Development Control Plan 2020 (draft DCP 2020), which supports the draft Georges River LEP 2020. The draft DCP 2020 seeks to harmonise the number of DCPs applying to land within the Georges River LGA and create a comprehensive DCP across the LGA.

Upon adoption, the Georges River DCP will replace the following DCPs and policies applying to the former City of Hurstville LGA and former City of Kogarah LGA:

• Hurstville Development Control Plan 1
• Kogarah Development Control Plan 2013
• Georges River Development Control Plan 2020 – Interim Policy
• Drainage and Onsite Detention Policy
• Fencing adjacent to public roads
• Balcony Enclosures in Residential flat buildings Policy
• Satellite Dish Policy
• Code for the erection of private tennis courts
• Stencilling of street driveways policy
• Underground electricity cabling to developments policy
• Design guidelines for absorption trenches
• Rainwater Tanks Policy, adopted 18 December 2002
• Home Activities Policy, adopted 15 August 2001
• Code for Commercial Use of Public Footpaths

Except for in the following areas:

• Hurstville Development Control Plan Number 2 - Amendment No. 5 applies to 2 sites within the Hurstville City Centre identified as 'deferred matters' on the Georges River Local Environmental Plan 2020 Land Application Map - Civic Precinct and Westfield sites.
• Hurstville Development Control Plan Number 2 - Amendment No. 10 applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Georges River Local Environmental Plan 2020 Land Application Map.

Upon adoption, the Georges River DCP will also repeal the current notification provisions listed below in the Hurstville Development Control Plans Number 2 – Amendments 5 and 10 in accordance with Clause 22(2) of the Environmental Planning and Assessment Regulation 2000, as recommended by the Department of Planning Industry and Environment:

• Section 2.4 of the Hurstville Development Control Plan Number 2 - Amendment No. 10 - Applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Georges River Local Environmental Plan 2020 Land Application Map.
• Section 2.2 of the Hurstville Development Control Plan Number 2 - Amendment No. 5 - Applies to sites within the Hurstville City Centre identified as 'deferred matters' on the Georges River Local Environmental Plan 2020 Land Application Map.

Legislation Requirements

Clause 22(2) of the Environmental Planning and Assessment Regulations 2000 states that:

(2) A council may repeal a development control plan—
(a) by a subsequent development control plan, or
(b) by publishing notice of the decision to repeal the plan on its website.

(3) At least 14 days before repealing a development control plan under subclause (2)(b), the council must publish notice of its intention to repeal the plan, and its reasons for the repeal, on its website.

(4) The repeal of a development control plan under subclause (2) (b) takes effect on the date on which the notice is published on the council’s website.

This notice is Council’s Intention to repeal the plans and policies listed above.

Council’s reasons are:

• Council has prepared a new draft DCP to support its new Georges River LEP 2020. The draft Georges River DCP contains up to date guidelines for development within the LGA.
• Georges River Council adopted at its meeting held 28 October 2019 a new Community Engagement Plan which stipulates engagement timeframes and notification requirements relevant to the EP&A Act and key engagement timeframes, from the Local Government Act 1993. Therefore the current notification provisions listed in the current Development Control Plans are required to be repealed in accordance with Clause 22(2) of the Environmental Planning and Assessment Regulation 2000 by subsequent Development Control Plans.
• The Georges River Interim Policy DCP (Policy #: Pol-061.01) adopted by Council on 11 June 2019 for assessing development applications is an interim measure until the Georges River DCP 2020 is adopted. The Interim Policy is used by Development Assessment planners in their assessment of residential development applications (DAs). Until the new Georges River DCP is adopted the Interim Policy ensures that assessment is consistent across the LGA.