Can You Get Approval for Something That Doesn’t Comply With the DCP?

In NSW, the Development Control Plan (DCP) guides how developments should be designed and assessed.

It covers things like building height, side setbacks, landscaping and privacy. But while DCP controls are important, they are not legally binding.

You can still get approval for something that doesn’t comply, as long as your proposal meets the planning objectives and is supported by strong planning justification.

This is where a town planner NSW based can help.

The DCP provides a framework for assessment, not a rulebook. Councils often support departures from DCP controls when the proposed development delivers good outcomes.

For example, a reduced setback may still be approved if privacy and solar access are maintained. A planning consultant can assess the impact and explain how your design still satisfies the intent of the control.

We recently assisted a client in Parramatta who proposed a two-storey addition that exceeded the DCP's height guidelines by 500 mm. Rather than redesign, we prepared a detailed statement of environmental effects for NSW DA and included shadow diagrams and site context analysis.

Council supported the variation because the proposal matched the character of the area and did not impact neighbours.

For larger or more technical variations, a Clause 4.6 variation request NSW may be required. This applies to standards in the Local Environmental Plan, such as floor space ratio or minimum lot size.

These requests must show that strict compliance is unreasonable and that the variation achieves a better planning outcome. Our team has helped clients across NSW secure approval for projects that required variation to both DCP and LEP controls.

Some sites also need a heritage impact statement NSW town planning, especially if the property is in a conservation area.

Our town planning services for residential development NSW include preparing all required documents and managing negotiations with council.

Whether you're applying for a council submission for secondary dwelling NSW, seeking a planning permit NSW, or preparing a commercial change of use, addressing DCP non-compliance is part of the process.

Working with a town planner near me specialising in NSW DCP means you’ll get the right advice from the start. Every council treats flexibility differently.

Knowing what is negotiable and what is not can be the difference between approval and refusal.

If you're wondering how to get a DA approved in NSW when your plans don't comply with the DCP, early planning advice can help you make a case the council will support.