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NSW Planning System Hierarchy

Development rules have a hierarchy, starting with legislation and then stepping down to various types of plans, codes, policies and guidelines. Download a Microsoft Powerpoint Slide Show that explains the relationships between the different levels.

Highest Level: Legislation

Acts and regulations, State and regional rules (SEPPs, REPs etc) and Local Environmental Plans (LEPs) are legally binding on those who live, work in, or visit the Tweed Shire, and on the Council.

The following web site links provide further information:

• The primary legislation for the NSW planning system is the Environmental Planning and Assessment Act 1979 No. 203 (NSW) and Environmental Planning and Assessment Regulation 2000 (NSW)
  
  
• The Building Code of Australia is referenced in legislation and adopts Standards Australia, both contain technical provisions for the design and construction of buildings and structures.
  
  
• Numerous other acts and regulations are used in the planning and development process, some relevant to the Tweed Shire include:
  • Local Government Act 1993 No. 30 (NSW)
  • Legal Government (General) Regulation 2005 (NSW)
  • Heritage Act 1977 No. 136 (NSW)
  • Protection of the Environment Operations Act 1997 No. 156 (NSW)
  • Home Building Act 1989 No. 147 (NSW)
  • Building and Construction Industry Long Service Payments Act 1986 No. 19 (NSW)
  • Occupational Health and Safety Act 2000 No. 40 (NSW)
  • Disability Discrimination Act 1992 (Commonwealth) (NSW)
• You can access and search NSW Acts and Regulations at the NSW Government legislation website. Alternatively, you can access all NSW Acts and Regulations and Commonwealth Acts and Regulations through the Australasian Legal Information Institute.

Next Level: Non-statutory Documents

Development Control Plans (DCPs), codes, policies and guidelines are non-statutory planning documents.

These may be prepared and approved by a council or the Director-General of the Department of Planning and:

• contain detailed planning provisions and must be consistent with their associated environmental planning instruments (SEPPs, REPs and LEPs);
• may contain a range of measures such as planning principles, objectives and controls for buildings;
• can also have controls for single topics such as landscaping, drainage and car parking; and
• may apply to a single site, a precinct or an entire local area.