Understanding LEPs, DCPs, SEPPs, Section 10.7 Planning Certificates and the NSW Planning Portal Spatial Viewer
By Adam Murphy, Principal Building Designer at ANS Design
A property may appear suitable for a duplex, secondary dwelling, renovation or new home, but zoning and lot size are only the beginning of a proper planning assessment.
In NSW, the development potential of a property can be influenced by multiple layers of State and local planning controls. These may include the relevant council’s Local Environmental Plan and Development Control Plan, State Environmental Planning Policies, the Section 10.7 Planning Certificate, NSW Planning Portal mapping, the property title, easements, infrastructure, environmental constraints and the physical characteristics of the land.
One overlooked control can change the approval pathway, require a significant redesign or make a development option that initially appeared attractive no longer plausible.
For this reason, ANS Design considers preliminary planning research and approval-pathway assessment to be essential parts of the design process—not administrative exercises to be completed after a design has already been prepared.
Every Property Must Be Considered Individually
Two properties in the same suburb can have very different development opportunities.
One property may be affected by heritage controls, flooding, bushfire, biodiversity, aircraft noise or a sewer main. Another may have insufficient frontage, an easement through the preferred building area or an existing level of development that already exceeds a local planning control.
Even neighbouring properties may be subject to different mapped controls or site-specific restrictions.
A professional preliminary assessment should therefore answer four fundamental questions:
- Is the proposed land use permitted?
- Is the property eligible for the preferred approval pathway?
- Can a suitable design comply with the applicable development standards?
- If a control cannot be met, is a variation legally available and capable of being justified?
The purpose is not simply to identify what might be built. It is to distinguish between:
- a plausible CDC pathway;
- a plausible DA pathway;
- a proposal that may be possible but carries significant planning risk; and
- a development option that is not plausible under the controls applying to the property.
This distinction can prevent considerable time and money being invested in an unsuitable design. ANS Design provides professional residential building design and documentation services to help property owners understand these requirements before proceeding to detailed design.
The Local Environmental Plan
A Local Environmental Plan, commonly referred to as an LEP, is a statutory environmental planning instrument applying within a local government area.
Depending on the property, an LEP may establish:
- land-use zoning and zone objectives;
- whether a development type is permitted or prohibited;
- maximum building height;
- maximum floor space ratio;
- minimum subdivision or development lot sizes;
- heritage provisions;
- acid sulfate soil controls;
- flood-planning requirements; and
- other site-specific development standards.
Checking the written LEP clauses is not enough. The accompanying LEP maps must also be reviewed because different controls may apply to individual properties.
A property’s zoning may permit residential development, but another LEP map may impose a height, floor-space, heritage, lot-size or dual-occupancy restriction that materially changes the development opportunity.
The LEP must therefore be reviewed at the beginning of the project and reconsidered as the design develops.
The Development Control Plan
A Development Control Plan, or DCP, supplements the LEP by providing more detailed local planning and design controls.
DCP requirements commonly address:
- front, side and rear setbacks;
- building envelopes and wall heights;
- site coverage;
- landscaped area and deep-soil planting;
- private open space;
- streetscape character;
- solar access and overshadowing;
- visual and acoustic privacy;
- parking and vehicle access;
- tree retention;
- stormwater management; and
- requirements applying to particular suburbs or precincts.
These controls can vary substantially between council areas. A design that complies in one local government area may not comply with the DCP applying in another.
It is also important to check whether a council created through amalgamation continues to apply different legacy DCPs to different parts of its local government area.
The relevant DCP should therefore be identified before the proposed floor plan, building footprint and external form are finalised.
State Environmental Planning Policies
State Environmental Planning Policies, or SEPPs, apply across NSW or to defined land and development types. Depending on their wording, they may introduce additional requirements or alter the operation of local planning provisions.
Relevant policies may include:
- State Environmental Planning Policy (Housing) 2021, including provisions for secondary dwellings and low- and mid-rise housing;
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly called the Codes SEPP;
- State Environmental Planning Policy (Sustainable Buildings) 2022, including BASIX requirements;
- State Environmental Planning Policy (Transport and Infrastructure) 2021; and
- State Environmental Planning Policy (Biodiversity and Conservation) 2021.
The NSW Low and Mid-Rise Housing Policy, for example, applies in defined residential areas generally located within an 800-metre walking distance of nominated centres and stations. The property must also satisfy applicable zoning, mapping and exclusion requirements.
Being physically close to a railway station does not, by itself, establish that the policy applies. NSW Government guidance explains how low- and mid-rise housing areas are defined and checked.
A SEPP assessment is particularly important when considering a Complying Development Certificate because the applicable development standards cannot simply be negotiated after the design has been completed.
The Section 10.7 Planning Certificate
A Section 10.7 Planning Certificate was previously known as a Section 149 Certificate.
A Section 10.7(2) certificate identifies matters such as the property’s zoning, applicable State and local planning controls and certain constraints, including contamination, flooding and bushfire-prone land.
A combined Section 10.7(2) and 10.7(5) certificate can contain additional information held by council or provided by other authorities that may be relevant to the development of the property.
The NSW Planning Portal provides further information about the two certificate types.
The certificate should be reviewed carefully and read together with the current legislation, maps and property information.
It is an important due-diligence document, but it does not replace a detailed site-specific planning assessment.
The NSW Planning Portal Spatial Viewer
The NSW Planning Portal Spatial Viewer is a valuable starting point for reviewing planning maps and spatial datasets.
Depending on the location, it may provide access to information concerning:
- zoning;
- building height;
- floor space ratio;
- minimum lot size;
- heritage;
- Housing SEPP layers;
- biodiversity;
- bushfire;
- flooding; and
- other mapped planning constraints.
However, online mapping should not be relied upon in isolation.
Mapping needs to be interpreted against the wording of the relevant legislation, and preliminary online property information does not replace a formal Section 10.7 Planning Certificate, title search, detailed survey or specialist investigation.
The mapping information must also be checked against the current version of the relevant LEP, DCP and SEPP because planning instruments and maps may be amended over time.
Other Property and Site Information
The LEP, DCP, SEPPs, Section 10.7 Planning Certificate and Spatial Viewer are important, but they may not provide all the information required to assess a development proposal.
Depending on the project, additional investigations may include:
- a current title search;
- deposited-plan information;
- easements, restrictions and covenants;
- a detailed and level survey;
- sewer-service diagrams;
- stormwater and drainage information;
- previous development approvals;
- the approval status of existing structures;
- flood or overland-flow information;
- bushfire assessment;
- heritage assessment;
- arboricultural assessment;
- acoustic or aircraft-noise assessment;
- contamination investigation; and
- advice from council, a registered certifier or relevant service authority.
Planning controls and physical site constraints must be considered together before the preferred development pathway can be confirmed.
DCP Variations, LEP Clause 4.6 Requests and CDC Compliance
These mechanisms are often confused, but they are not interchangeable.
| Planning issue | Potential response | Important distinction |
|---|---|---|
| Numerical or design departure from a DCP control | DCP variation or written merit justification | Council considers the control’s objectives, site circumstances and impacts. Approval is not automatic. |
| Contravention of an applicable LEP development standard | Formal Clause 4.6 written request, where Clause 4.6 is available | The request must address why strict compliance is unreasonable or unnecessary and demonstrate sufficient environmental planning grounds. |
| Non-compliance with a development standard applying to a CDC | Redesign or pursue a DA pathway | Under the current system, the applicable CDC standards must be satisfied. A DCP variation or LEP Clause 4.6 request cannot make a non-compliant CDC compliant. |
The correct variation mechanism can only be identified after confirming whether the relevant requirement is a DCP control, an LEP development standard or a mandatory standard applying to complying development.
DCP Variation or Merit Justification
A DCP departure should be clearly identified and quantified.
The supporting assessment should explain:
- the control being varied;
- the extent of the departure;
- the objectives of the control;
- how the proposed design still achieves those objectives;
- the site-specific circumstances;
- the likely effects on adjoining properties and the public domain; and
- whether a more compliant alternative was reasonably available.
Under Section 4.15(3A) of the Environmental Planning and Assessment Act 1979, consent authorities are required to apply DCP provisions flexibly and allow reasonable alternative solutions that achieve the objectives of the relevant controls.
This does not create an automatic right to a variation. The planning and design merits still need to be demonstrated.
The plans, calculations and supporting documents must clearly show the extent of the departure and the design measures proposed to manage its effects.
LEP Clause 4.6 Request
Where a proposal contravenes a qualifying LEP development standard, such as building height or floor space ratio, a formal written request under Clause 4.6 may be required.
The applicant must justify the departure by addressing the statutory tests, including why strict compliance would be unreasonable or unnecessary and why sufficient environmental planning grounds exist.
Not every LEP provision can be varied. Clause 4.6 cannot turn prohibited development into permissible development, and some development standards may be expressly excluded from its operation.
NSW Government guidance explains the current Clause 4.6 variation framework.
A Clause 4.6 request should be developed alongside the design rather than added as an afterthought immediately before lodgement.
CDC Development Standards
A Complying Development Certificate is intended for straightforward development that satisfies predetermined requirements.
A certifier does not undertake the same broad merit assessment as council does for a Development Application. The property must be eligible and the proposed development must comply with all relevant standards applying under the nominated complying-development code.
If a required setback, landscaped area, building height, lot width or other applicable development standard cannot be met, the usual options are to redesign the proposal or investigate a DA pathway.
As at August 2026, the NSW Government has exhibited proposed reforms that may introduce a limited CDC variation pathway. Those proposed changes are still being reviewed and have not been finalised.
Under the current system, development must comply with the applicable CDC standards. Current and proposed complying-development arrangements are outlined by the NSW Government.
A detailed understanding of the applicable SEPP provisions is therefore essential before selecting a CDC pathway or preparing the final design.
Case Study One: Existing Garage Conversion in Marrickville
A recent ANS Design assessment considered the proposed conversion of an existing detached rear garage into a compact secondary dwelling.
The garage was approximately 160 millimetres from a side boundary, compared with a 900-millimetre DCP side-setback control for a single-storey building. Its rear setback was approximately two metres and required assessment on merit.
Although the existing wall was understood to have fire-rated construction, satisfying a building or fire-separation requirement does not automatically resolve the planning issue.
Converting a garage into habitable residential accommodation can create new considerations involving:
- privacy and window placement;
- ventilation and natural light;
- acoustic amenity;
- overshadowing and solar access;
- private open space;
- site coverage;
- parking;
- aircraft-noise treatment;
- heritage considerations; and
- the location and protection of nearby sewer infrastructure.
The proposal did not seek to move the structure closer to the boundary or increase its building footprint. This provided a potential basis for a DCP merit argument because the numerical non-compliance was associated with an existing structure.
However, the assessment also identified that converting the garage to residential accommodation could increase the property’s calculated gross floor area, even though the building footprint would remain unchanged.
The final floor space ratio therefore needed to be calculated before determining whether an LEP issue—and potentially a Clause 4.6 request—would arise.
Because of the significant side-setback departure and the change from a garage to habitable accommodation, formal pre-DA consultation with Inner West Council was recommended before completing the design and lodging the application.
Case Study Two: Testing Three Development Options in Toongabbie
A separate preliminary assessment reviewed a 676.6-square-metre property in Toongabbie with a frontage of approximately 11.79 metres.
Three possible development options were investigated:
- a dual occupancy;
- a secondary dwelling associated with the existing principal dwelling; and
- a new principal dwelling together with a secondary dwelling.
The site area exceeded the 600-square-metre local control referenced for a dual occupancy, but the approximately 11.79-metre frontage was below the identified 15-metre local frontage control.
The property was also approximately 1.3 kilometres walking distance from Toongabbie Station.
The assessment found that Toongabbie Station was not included as a nominated station under the relevant Low and Mid-Rise Housing provisions and the property was outside the required 800-metre walking-distance catchment.
Considering the lot frontage, location and overlapping local and State requirements, a dual occupancy was not considered a plausible development pathway under the controls reviewed at the date of the assessment.
Importantly, the review did not stop at that conclusion. It identified two alternative options that appeared more plausible:
- retaining the existing principal dwelling and constructing a secondary dwelling; or
- replacing the existing dwelling with a new principal dwelling and secondary dwelling.
Those alternatives would still require detailed design, survey information and confirmation of compliance with the relevant LEP, DCP, Housing SEPP and, if a CDC were pursued, every applicable complying-development standard.
This assessment demonstrates the value of examining several options through the ANS Design approval and design process before committing to one development type.
Why the Information Supplied for a Pre-DA Meeting Matters
A pre-DA meeting is most useful when council receives sufficient information to understand the proposal and the specific planning issues requiring advice.
At a minimum, the submission should generally include:
- a current detailed survey;
- title and deposited-plan information;
- site and context analysis;
- photographs of the site and adjoining development;
- preliminary site, floor and roof plans;
- elevations and building sections;
- existing and proposed building calculations;
- floor space ratio, site coverage, landscaped-area and private-open-space calculations;
- preliminary shadow and privacy information;
- relevant heritage, stormwater, engineering or arboricultural information;
- a planning-control compliance table;
- identification of every proposed DCP or LEP departure; and
- a clear list of questions for council.
For a proposed variation, the plans need to show the actual extent of the departure. A general description without dimensions, levels, calculations and contextual information limits council’s ability to provide useful advice.
Inner West Council advises that the more information supplied with a pre-DA request, the more informed its advice can be.
Its recommended information includes concept architectural plans, photographs, a cover letter explaining the development and a list of specific questions.
Council also makes clear that pre-DA advice is based on the information supplied and does not bind the subsequent DA assessment. Inner West Council’s planning-advice requirements are available here.
A pre-DA meeting is not an approval or guarantee. Its value is in identifying significant concerns early, before additional time and consultant costs are committed to a design that may require major changes.
Better Planning Research Leads to Better Design Decisions
A successful residential project begins with an understanding of what the property can reasonably accommodate and which approval pathway is available.
Reviewing the relevant LEP, DCP, SEPPs, Section 10.7 Planning Certificate, Spatial Viewer mapping, title information, survey and site constraints allows a designer and property owner to:
- avoid pursuing an unsuitable development type;
- compare realistic development options;
- select an appropriate DA or CDC pathway;
- identify consultant requirements early;
- design around known constraints;
- quantify and justify any variations; and
- approach council or a certifier with better-prepared information.
A planning review cannot guarantee approval, but it can replace assumptions with an informed and defensible project strategy.
ANS Design provides residential planning, design and documentation services across Sydney, Greater Sydney, Western Sydney, the Inner West, Parramatta, the Central Coast, Newcastle, the Hunter Region and selected NSW locations.
How ANS Design Can Assist
Adam Murphy and ANS Design provide:
- preliminary property and planning assessments;
- DA and CDC compliance reviews;
- residential building design;
- secondary-dwelling and granny-flat design;
- alterations and additions;
- new-home design;
- DA and CDC documentation;
- pre-DA concept plans;
- DCP variation justifications;
- council submission assistance; and
- consultant and certifier coordination.
If you are considering developing a property and want to understand its plausible approval pathways before committing to detailed design, contact Adam Murphy at ANS Design or call 0412 508 336.
This article provides general information only. Planning controls and government policies can change, and every property must be assessed against the legislation, mapping and site information applying at the time of the project.
Work With ANS Design
If you’re planning a new home, alteration, or secondary dwelling, we’d be happy to help guide you through the process.
Adam Murphy
Principal Building Designer
ANS Design
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