Planning controls

Planning and development in the Mid-Western Region is guided by a number of state and local planning controls.

Local Environmental Plan

The Mid-Western Regional Local Environmental Plan 2012 commenced on the 10 August 2012, and has been amended multiple times since. The written Local Environmental Plan (LEP) can be viewed on the NSW Government Legislation web site:

Mid-Western Regional Local Environmental Plan 2012

The maps relevant to the LEP can be viewed via the NSW Planning Portal: 

Maps - Mid-Western Regional Local Environmental Plan 

The Mid-Western Regional Local Environmental Plan 2012 affects every parcel of land within the Mid-Western Region. The plan replaced the previous Local Environmental Plans operating in the area, namely:

Mid-Western Regional Interim Local Environmental 2008
Rylstone Local Environmental Plan 1996
Merriwa Local Environmental Plan 1992

Developer Contribution Plan (former Section 94 and Section 94A Contributions Plan)

Purpose

The main purpose of this plan is to authorise:

  • The consent authority, when granting consent to an application to carry out development to which this plan applies; or
  • The Council or an accredited certifier, when issuing a CDC for development to which this plan applies
  • To require either a contribution (under section 7.11 of the EP&A Act) or a fixed development levy (under section 7.12 of the EP&A Act) to be made towards the provision, extension or augmentation of local infrastructure required as a consequence of development in the Mid-Western Regional LGA. The contribution or levy may also be applied towards existing local infrastructure that was provided in anticipation of, or to facilitate, such development.

  • Other purposes of this plan are as follows:
  • To provide the framework for the efficient and equitable determination, collection and management of development contributions in the Mid-Western Regional LGA.
  • To establish the relationship between the expected development and proposed local infrastructure to demonstrate that the section 7.11 contributions required under this plan are reasonable.
  • To allow the opportunity for local infrastructure to be provided by land developers as works in kind in lieu of paying a monetary contribution.
  • To allow the opportunity for the dedication of land by land owners at no cost to Council in lieu of a monetary contribution.
  • To ensure that the broader Mid-Western Regional community is not unreasonably burdened by the provision of local infrastructure that is required as a result of development in the Mid-Western Regional LGA.

  • The Mid-Western Regional Contributions Plan 2019 commenced following public notice given from Friday, 21 June 2019 and applies to all land within the Mid-Western Regional LGA.

    Download a complete copy of the Developer Contribution Plan(PDF, 2MB)

Development Control Plan 2013

Purpose 

This Plan contains detailed requirements to guide development in the Mid-Western Regional Council local government area. It complements and must be considered with the provisions of the Mid-Western Regional Council Local Environmental Plan 2012. The plan applies to all land in the Mid-Western Regional Council Area, was adopted by Council on 6 February 2013, and commenced operation on 11 February 2013. Amendment 5 to the Development Control Plan commenced operation on 18 September 2020 following the resolution of Council on the 12 August 2020.

The aims of this Plan are to:

  • Define development standards that deliver the outcomes desired by the community and Council
  • Provide clear and concise development guidelines for various forms of development
  • Encourage innovation in design and development by not over-specifying development controls
  • Expedite development approvals by providing clear direction of Council’s intent and criteria, and
  • Provide certainty of development outcomes for developers and the community

Development Control Plan 2013 - Amendment No.5(PDF, 2MB)

Appendix B1 Stormwater Drainage Design(PDF, 321KB)

Appendix B2 Stormwater to Smartwater(PDF, 2MB)

Appendix C Caerleon DCP 4(PDF, 4MB)

Appendix D Implementing a Subdivision Consent(PDF, 206KB)

Water Development Servicing Plan

The Water Development Servicing Plan (DSP) covers water supply developer charges (DC) for the Mid Western Regional Council. This relates to assets such as treatment facilities, transfer systems and storage reservoirs.

The DSP has been prepared with consideration to Developer Charges Guidelines for Water Supply, Sewerage and Stormwater (2002). These are the final relevant guidelines, managed by the Department of Water and Energy (DWE).

This DSP aims to:

  • Allow Council to require an equitable monetary contribution for the provision of water supply infrastructure to meet the demands generated by development
  • Facilitate the future provision of a water supply to the Mid Western Regional Council area which meets the required levels of service with regard to flows, pressure, water quantity and the frequency of restrictions
  • Set out the schedule and programme of proposed works to meet increasing town water supply demands generated by development.
  • Detail the contribution rates and Mid Western Regional Council’s payment policies.

Download a complete copy below.

Development Servicing Plan for Mid-Western Regional Council Water Supply(PDF, 2MB) 

Sewerage Development Servicing Plan

The Development Servicing Plan (DSP) covers sewerage developer charges (DC) for the Mid Western Regional Council.

The DSP has been prepared with consideration to Developer Charges Guidelines for Water Supply, Sewerage and Stormwater (2002). These are the final relevant guidelines, managed by the Department of Water and Energy, Utilities (DWE).

The DSP aims to:

  • Allow Council to require an equitable monetary contribution for the provision of sewerage infrastructure to meet the loading generated by development.
  • Facilitate the future provision of sewerage services to the Mid Western Regional Council area which meets the required levels of service with regard to pump station capacity, collector main capacity and treated effluent quality.
  • Set out the schedule and programme of proposed works to meet increasing sewerage loads generated by development.
  • Detail the contribution charges and Mid Western Regional Council’s payment policies.

To enable this, a future demand estimate of sewerage load for the Council has been undertaken. The demand estimate is the basis used for determining the infrastructure required to meet the need generated by future development.

Developer contributions are applicable for existing and proposed works which serve future development.

Download Sewerage Development Servicing Plan(PDF, 1MB)

Subdivision Procedures

There are a number of steps to subdividing land. Initially you need to determine whether you can subdivide and if so, lodge a Development Application.

Once you have obtained development consent for your proposal, you need to read the consent and determine whether there are any conditions of consent that require you to do physical works, organise certificates from energy suppliers and telecommunication suppliers or pay contributions to Council.

The NSW Land Registry Services will not register your plan without a Subdivision Certificate. 

Once all of the conditions of consent have been finalised you will need to lodge a subdivision certificate application with Council that includes linen plans and evidence of you finalising your consent. Council will assess the subdivision certificate application and issue the Subdivision Certificate and the signed linen plans. Your solicitor or surveyor will then lodge these plans with the NSW Land Registry Services Office and they are generally registered in around 6-8 weeks.