1.0 Introduction and administration

This plan is called the Alpine Region Development Control Plan 2025 (this DCP). This DCP has been prepared in accordance with section 3.43 of the Environmental Planning and Assessment Act 1979 (EP&A Act), Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) and must be read in conjunction with the provisions of Chapter 4 Kosciuszko Alpine Region of State Environmental Planning Policy (Precincts – Regional) 2021 (Precincts – Regional SEPP 2021).

This DCP was adopted by the Minister, or their delegate on 18 December 2024 and came into effect on 14 January 2025.

The Department of Planning, Housing and Infrastructure (DPHI) will ensure the provisions of this DCP are reviewed:

1. On the second anniversary of the commencement of the DCP to, having regard to variation requests received since commencement of the DCP and other factors:
   1. Assess the effectiveness of the DCP provisions in achieving its purpose, aims and objectives.
   2. Identify the need for changes to the DCP provisions to better achieve its purpose, aims and objectives.
   3. Ensure the DCP provisions remain relevant to the types of development occurring in the Alpine Sub-regions.
2. At the end of each five-year period following the completion of the first review of this DCP, or at the same time as any review of the Snowy Mountains Special Activation Precinct Master Plan (Master Plan) and/or the Chapter 4 Precincts-Regional SEPP 2021 provisions and related Schedules, whichever is earlier.

This DCP supports the statutory planning framework of the Alpine Region including Precincts- Regional SEPP 2021 and the Master Plan.

It provides detailed provisions to guide development to achieve the aims and objectives of Chapter 4 of the Precincts-Regional SEPP. This DCP includes detailed objectives and controls for ensuring well designed, quality built form and development within the Alpine Region. Each development application will be assessed having regard to the Precincts-Regional SEPP 2021, this DCP, and other matters listed in section 4.15 of the EP&A Act.

Secondly, and in combination with the related framework of the Kosciuszko National Park Plan of Management 2006 (Kosciuszko National Park PoM), the carrying capacity provisions of this DCP (Chapter 5) aim to manage the growth of visitation in the Alpine Sub-regions, ensure opportunities are provided for visitors to undertake a wide range of recreational activities, minimise adverse environmental, social and cultural impacts, protect the ongoing maintenance of biophysical values and complement the Kosciuszko National Park Plan of Management.

Decisions about the release of additional accommodation capacity in the Alpine Sub-regions under the Kosciuszko National Park PoM will consider the carrying capacity provisions of this DCP (refer to Chapter 5).

The aims and objectives of this DCP are to establish planning controls that:

1. Protect and enhance the Alpine Region by ensuring development is managed with regard to the principles of ecologically sustainable development, including the conservation and restoration of ecological processes, natural systems and biodiversity.
2. Encourage development that supports year-round sustainable tourism and recreation that recognises the significant contribution to the Alpine Region and the State's economy.
3. Ensure that development supports the Alpine Region's community, environmental and cultural values, consistent with the NSW Connecting with Country framework.
4. Facilitate the carrying out of ecologically sustainable and climate resilient development in the Alpine Region.
5. Recognise the context of climate change, warming temperatures and decreased precipitation.
6. Minimise the impact of new development by prioritising redevelopment of existing buildings and previously partly disturbed areas.
7. Ensure development is consistent with the unique built form, landscape, heritage and character of individual Alpine Sub-regions.
8. Ensure development complies with accepted risk standards for geotechnical hazards, bushfire protection, and flood mitigation.
9. Outline the planning, design and environmental objectives and controls against which development applications will be assessed.
10. Provide guidance for the staged release of additional accommodation capacity in the Alpine Sub-regions to assist decision-making under the Kosciuszko National Park PoM.

This DCP applies to all land, identified in Figure 1, to which Chapter 4 of the Precincts-Regional SEPP applies.

Unless otherwise stated, the consent authority for development under Part 4 of the EP&A Act, consistent with this DCP, is the Minister for Planning or delegate.

This DCP is part of a broader planning framework that is used to manage development in the Alpine area. This includes:

• strategic plans, including region plans and district plans
• environmental planning instruments, including State environmental planning policies (SEPPs), and
• other adopted strategies, plans and policies identified for consideration in this DCP.

This DCP is to be read in conjunction with relevant legislation, the environmental planning instruments and policies, including the following:

• Environmental Planning and Assessment Act 1979
• Environmental Planning and Assessment Regulation 2021
• Biodiversity Conservation Act 2016
• Rural Fires Act 1997
• Protection of the Environment Operations Act 1997
• National Parks and Wildlife Act 1974
• National Parks and Wildlife Regulation 2019
• Kosciuszko National Park Plan of Management 2006
• relevant regional and local strategic planning statements, as identified from time to time
• any relevant SEPP
• any relevant Land and Environment Court Planning Principle
• National Construction Code and Building Code of Australia
• any relevant Australian Standards identified in this DCP, and
• any applicable policy or guideline identified in this DCP.

If a development application has been made before the commencement of this DCP in relation to land to which this DCP applies and the application has not been finally determined before that commencement, the application must be determined as if this DCP had not commenced.

Terms in this DCP generally have the meaning ascribed to them in the Dictionary in Schedule 4A of the Precincts-Regional SEPP 2021, the Standard Instrument—Principal Local Environmental Plan or the EP&A Act. A reference in this DCP to any Australian Standard or legislation includes a reference to any amendment or replacement as made.

Any development application will also be assessed having regard to the matters listed in this DCP, Chapter 4 Precincts-Regional SEPP 2021 and section 4.15 of the EP&A Act.

Chapter 3 and Chapter 4 of this DCP prevail over Chapter 2 of this DCP to the extent of any inconsistency. Indicative Layout Plans for the Alpine Resorts and Sub-regions in Chapters 3 and 4 of this DCP indicate preferred dvelopment areas. Development that proposes an alternative layout may be acceptable, subject to detailed review and assessment.

Glossary of terms can be found in Appendix C.

A development application is required to take into consideration:

• the general objectives and controls in Chapter 2, and
• the specific objectives and controls for the relevant Alpine Sub-region(s) in Chapter 3 and Chapter 4.

Development that places additional demand on water, wastewater and electricity or seeks to amend car parking and access, is to demonstrate consistency with the principles and infrastructure requirements of the Carrying Capacity Framework in Chapter 5.

Under the EP&A Act, development control plans are required to be applied flexibly and consent authorities are required to allow for alternate solutions so that otherwise permissible development may be carried out.

Variations to the development controls set out in the Alpine DCP can be considered where a proposed development can otherwise demonstrate that it achieves or improves upon the applicable planning objectives. Variations to the Alpine DCP provisions can be considered as set out below:

1. where a proposal does not comply with a particular development control, the applicant may propose an alternative solution.
2. a written variation request must:
   1. identify the development control that is to be varied and detail the extent of variation proposed
   2. identify the general and/or specific objectives of that control and how the variation complies with the objectives
   3. demonstrate how the variation sought will not have additional adverse impacts as a result of the variation.