Draft Amendment to the Albury DCP 2010 – Part 10 Development in Residential Zones

We welcome your feedback on the draft Part 10 of the Albury DCP, which guides the design of housing and residential development. The draft has been informed by two rounds of community and industry consultation.

Part 10 includes a range of topics such as dwelling types and styles, design and appearance, height and setbacks, private open space, subdivision layout and shed and outbuildings.

Following Stage 1 and 2 Consultation, including workshops and online surveys, a comprehensive revision of Part 10 has been drafted and is now on exhibition.

diagram of consultation stages

Explanatory Report

This report summarises the review process, including the consultation process and outcomes, the method used to prepare the revised Part 10 and highlights the new provisions and key changes.

Part 10 – Draft Amendment to the Albury DCP

The draft amendment has resulted in a comprehensive update to Part 10 of the Albury DCP 2010.

Each major type or category of residential development is as self-contained as possible. As a result, many of the design and assessment guidance are repeated or similar across several divisions and clauses. This is intended to make each division a ‘one-stop-shop’ and minimise the need for cross-referencing.


We're holding workshops to provide an overview of the new provisions and key changes.

Developer Forum (for building, planning and development industry)

When: Tuesday 30 July 2019
Time: 7:30am – 9:00am
Where: Robert Brown Room, Albury City, 553 Kiewa Street, Albury

Community Workshop (all welcome)

When: Tuesday 30 July 2019
: 6:00pm – 7:30pm
Where: Robert Brown Room, Albury City, 553 Kiewa Street, Albury

Register now

Feedback and Submissions

We welcome your feedback on the draft Amendment to the Albury DCP 2010 – Part 10 Development in Residential Zones.

Submissions will be received until 5:00pm Monday 12 August 2019 and can be emailed to us, or posted to AlburyCity Strategic Planning, PO Box 323, ALBURY NSW 2640.

All feedback and submissions will be considered in finalising Part 10 of the Albury DCP and reported to Council for consideration and adoption later in 2019.

What is the Albury DCP?

The Albury Development Control Plan 2010 (Albury DCP) provides detailed planning and design controls that help guide development in the Albury LGA (along with the Albury Local Environment Plan 2010 and other planning and environmental legislation).

The aim of the Albury DCP is to encourage and facilitate a high standard of design, minimise land use conflicts and support economically, socially and environmentally sustainable development. The Albury DCP comprises of several Parts (Chapters), Maps and Appendices.

The subject of this review is ‘Part 10 - Development in the Residential Zones’ which provides planning and design guidelines for residential subdivision and housing in Albury.

The Albury DCP 2010 has been in effect since 2010 and requires updating to help enable us to provide effective design guidance, create liveable neighbourhoods and to respond to new state government housing design policies.

You can view the the current Albury DCP. It should be noted, the DCP does not control zoning, permitted land uses or minimum lot sizes. These aspects are addressed in the Albury Local Environment Plan 2010. In addition, as a guiding document, variation from the clauses and guidelines of the DCP may be permitted where considered suitable.

Objectives of the Part 10 review

The following broad objectives have formed the basis of the review of Part 10 of the Albury DCP:

  • Seeking to improve the design of development in residential zones
  • Clarifying community and industry expectations for development in residential zones
  • Identifying and removing anomalies in the current Part 10
  • Aligning Part 10 with applicable elements of the wider NSW and Albury planning frameworks
  • Improving the effectiveness and ease of use of Part 10 by:
    • Striking a balance between firm guidance and flexibility to achieve outcomes
    • Applying an appropriate level of assessment for types of development permitted in residential zones
    • Simplifying the guidelines and making the language used as succinct as possible
    • Structuring so that each Division is as self-contained as possible
    • Presenting design elements, guidelines and performance criteria in a table format
    • Using diagrams to illustrate application of the guidelines and to assist in their interpretation

Structure of Part 10

The revised Part 10 has several divisions from ‘A’ to ‘I’.

Division A – Introduction to Part 10

Division B – Subdivision

Division C – Development in R2 Low Density Residential and R5 Large Lot Residential zones

Division D – Dwelling houses and secondary dwellings

Division E – Medium density housing

Division F – Residential flat buildings

Division G – Residential development enabled by a SEPP

Division H – Non-residential development in residential zones

Division I – Area specific development plans

Schedule – Diagrams and illustrations

Typically, each division includes a Development Guidelines Table with the following three columns:

  • ‘Design Element’ – the part or aspect of development being guided,
  • ‘Guidelines’ – the numerical or non-numerical guideline. When proposed development is consistent with a guideline, it can generally be assumed that the development satisfies the corresponding performance criteria, and
  • ‘Performance Criteria’ – describe the reason for, and the outcome sought from, compliance with a development guideline.

The guidelines and the performance criteria work together. The performance criteria provide a ‘rule-of-thumb’ by which proposed departures (or variations) from the guidelines (numerical or non-numerical) can be both justified by the applicant and assessed by Council’s assessment officers.

Should circumstances prevent consistency with a guideline the applicant is to demonstrate that the performance criteria is satisfied as part of their development application. This will also assist neighbours and interested stakeholders understand variations and why they are sought, as well as the outcomes they are seeking to achieve.

The schedule concludes Part 10 and contains illustrations and diagrams to help interpretation and application of the design guidelines and performance criteria.

New provisions and key changes in Part 10

Section 8 of the Explanatory Report (above) describes new provisions and key changes to the draft Part 10 of the Albury DCP. Some of these are highlighted below:

Master plans and concept development applications

  • Strengthened guidance and new ‘triggers’ for when master plans are requested.
  • Included in Division B, E, F, G and H, and complemented by illustrations.

Public open space in subdivisions

  • Strengthened existing guidelines and approaches for provision of open space, which is to be considered strategically (eg. via a master plan or Council’s forthcoming Open Space Strategy and review of Thurgoona Wirlinga Precinct Structure Plan) and via developer contributions.
  • Guidelines are included for consideration of public open space in the master plan process, such as analysing existing supply, accessibility and site characteristics. These are included within the master plan provisions in Divisions B, E, F, G and H.

Lot orientation to improve solar access

  • Adjusted guidelines and illustrations to encourage as many lots as possible to be aligned to cardinal points, either in a north-south axis or east-west axis. This is included in Division B.


  • New guidance for supporting an interconnected street network and discouraging culs-de-sac, except where topography, and the like, makes it impractical. This is included in Division B.
  • Interconnected street networks are generally considered best practice urban design for a variety of reasons, such as improving access (particularly for walking and cycling), better supporting rectangular lots (optimising solar access) and enhancing passive surveillance.

Subdivision adjoining public open space or land in an Environmental zone

  • New guidance seeks to improve the interface with public open space and land in an Environmental zone. This is included in Division B.
  • Seeks provision of a perimeter road between residential land and public open space and land in an Environmental zones. Lots and dwellings are also encouraged to face and address these lands, rather than being bordered by high, solid fencing.
  • A significant portion of land in Albury’s Environmental zones is also identified as bush fire prone land in Albury City Council LGA Bush Fire Prone Land Map. These guidelines support the NSW Rural Fire Service’s guidelines for Planning for Bushfire Protection.

Minimum landscaped area

  • New guidance specifies a minimum portion of the site to be landscaped. This guideline is included in Division D, E, F, G and H.
  • ‘Landscaped area’ means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area (as defined by the NSW Standard Instrument Principal LEP).
  • These guidelines aim to prevent ‘overdevelopment’ and ensure sufficient area is available for planting of trees and landscaping and to protect a minimum area for absorption of rainwater into the ground.
  • The minimum areas specified are generally adapted from the Codes SEPP (Exempt & Complying Development Codes 2008).

Maximum number of storeys

  • Revised guideline noting the current DCP does not stipulate a maximum building height (in metres or storeys) but relies on a building envelope for external wall heights.
  • To help provide greater certainty, a two-storey limit is proposed, this being the maximum number of storeys consistent with the built form and character of most of Albury’s residential areas.
  • Residential flat buildings and land in the R3 Medium Density Residential and the B4 Mixed use zones are excluded from this proposed guideline. Under the Albury LEP 2010 these zones allow taller buildings and the proposed approach will enable performance-based design and assessment of buildings proposed to be greater than two storeys.

Limiting buildings in the rear of a lot to one-storey

  • New guidance seeks to ensure infill or new housing is consistent with the character of existing and new residential neighbourhoods and helps protect amenity of neighbours.
  • It limits height of buildings to one-storey in the backyard (rear 40% of the lot).
  • This guideline is excluded from medium density and mixed-use zones.
  • This guideline is included in Divisions D, E, F, G and H.


  • Setback guidelines have been adjusted and clarified.
  • Setbacks are generally adapted from, and similar to, the Codes SEPP.


  • New guidance seeks to limit earthworks to a maximum of 600mm above or below existing ground level.
  • Erosion and sediment control plans are to be submitted with development applications (except where soil disturbance is insignificant).
  • This guideline is included in Divisions B to H.

Character and the public domain

  • Various guidelines are adjusted and strengthened for design elements such as character, streetscape, building articulation, community safety and surveillance.


  • Various guidelines are adjusted and strengthened for design elements such as sunlight access, overshadowing, privacy and private open space.
  • Adjustments have been made to the minimum area and dimensions of private open space, and clarifications provided for ‘principal’ private open space requirements. Illustrations are included to assist. The revised private open space guidelines complement the new guidelines for minimum landscaped areas.
  • Guidance is included for climate-management for west-facing habitable rooms where architectural elements are to be used (e.g. extended eaves, verandahs, shutters or awnings), and potentially complemented by landscaping, to help reduce heat gain and improve thermal performance and comfort.

Sheds and outbuildings

  • New guidelines are included at the end of Divisions C and D.
  • Guidance includes site coverage of sheds (as a proportion of the dwelling house), setbacks and maximum wall height.
  • These proposed guidelines are designed to prevent overdevelopment, help maintain the amenity of neighbours and help ensure they are of scale and height consistent with other buildings in residential localities.

Tree and Vegetation Management

  • The impact of tree removal was a key issue raised during consultation. Tree management is currently controlled by Part 5 (Tree Preservation) of the ADCP 2010 and is a Council-wide matter beyond just residential development and residential zones (the subject of Part 10). Therefore, it is more appropriate and better addressed in a review of Part 5 (Tree Preservation) of the DCP.
  • A review of Part 5 is currently being undertaken and is considering a variety of aspects, including, but not limited to:
    • Recognition of the requirements for Biodiversity Certified land and areas excluded from Certification
    • Provisions for managing native vegetation, not only trees
    • Requirements for replacement planting
    • Vegetation-sensitive design principles
    • Acknowledging the value of vegetation beyond being habitat for threatened species, such as microclimate, soil stability, amenity, landscape and carbon sink
  • The review of Part 5 will have the opportunity for community consultation and involvement.

Environmental Sustainability

  • The draft Part 10 does not have a particular heading or section specifically addressing ‘environment’ or ‘sustainability’. This is because environmental issues overlap and are integral to multiple aspects and elements of design. For example, guidance is provided for various design elements such as site planning (orientation), solar access, minimum landscaped areas and climate management for west facing development, all of which contribute toward improved environmental outcomes.
  • For these reasons, an objective has been drafted for the whole Part 10 (Division A clause 3. a.), which requires these matters to be considered when Council determines a development application:
    • Connecting to nature,
    • Embracing sustainable residential design,
    • Supporting Albury’s liveable, vibrant, functional and attractive character, and
    • Making housing more affordable.
  • Other aspects outside the scope of Part 10, such as promotion of energy efficient home initiatives, are currently being developed by Council in consultation with the Sustainability Advisory Committee. These will be made available on Council’s website for use as an education tool and to further improve design and environmental outcomes.

Previous consultation

The preparation of the draft Part 10 of the Albury DCP has been guided by two rounds of consultation:

  • Round 1, the ‘listening phase’, during May and June 2018, and
  • Round 2, the ‘issues and options phase’, during November and December 2018.

Each round included a series of stakeholder workshops with Councillors, the community and the local development industry. Meetings were also held with development industry consultants and Council assessment staff. There was also opportunity to provide input and feedback via AlburyCity’s “Have a Say” webpage and online questionnaires.

In addition, Round 2 consultation included a Discussion Paper that canvassed issues raised during Round 1 consultation and examined options for addressing these in the revised Part 10.

Further information

Please contact Luke Stein on 02 6023 8285 or via info@alburycity.nsw.gov.au