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You will find a lot of sympathy for your position in both the department and Council staff. Unfortunately it looks like the decision came from the former Minister. Might have luck with the new one now that Hazzard is Attorney General.

It's a political cop out. You have to notify the neighbours, but they can't do anything. It just causes more angst for councils, applicants and certifiers and was introduced because the Minister for Planning got irate phone calls from neighbours that think they have the right to object to...

The hierarchy of planning controls goes: State Environmental Planning Policies (SEPP) Local Environmental Plan (LEP) Development Control Plan (DCP) So, the SEPP overrides the restriction under the DCP. A lot of councils have old controls on their books that they simply haven't gotten...