FAQs

Council must update the DCP as it is inconsistent with the current planning legislation.

Until legislation is changed Council will not be able to approve exemptions for temporary events.

The current DCP contains a clause stating that temporary events of a certain size do not need development consent. An exemption to obtain development consent for a land use, such as events, can only be provided through the Cessnock Local Environmental Plan or a State Environmental Planning Policy, not a DCP. 

Council will continue to advocate to the NSW State Government for a state-wide exemption for minor events.

Council acknowledges that obtaining development consent is an additional step and has time and cost implications for applicants, in terms of preparing and lodging documents. Where possible, Council will assist residents in the process of submitting a development application. 

Council is attempting to balance the community need to have simple requirements for smaller events that may have a lower impact, with its requirements to adhere to State Government planning laws. 

The draft DCP Chapter includes two categories – one for lower impact, and one for higher impact events. The documentation required for lower impact events are less onerous than what is required for higher impact events.  

Council will also be preparing an Events Guide to assist community members in preparing and lodging a development application. 

For events that may become ongoing, after an initial event is held with a DA issued a subsequent DA can then be lodged which usually contains a 5-year approval. This minimises the potential administrative burden over time for ongoing events.

Council acknowledges and supports the work of charitable organisations in the Cessnock LGA and recognises the important role they play in the local community. Council previously resolved to discount fees and charges for temporary event applications run by registered charities by 50% of the adopted fee. The fees are managed in accordance with Council’s Fees and Charges.

A DA is not required where an event supports or is associated with the main use of a building or land (known as ancillary use). 

In this example a DA is not required as it is an event where the people attending either reside at the property or are known or connected to people who live at the property. If you are unsure, you can contact Council’s Duty Planner to confirm.

A DA is not required where an event supports or is reasonably associated with the main use of a building or land. 

In this example, the golf tournament would not need development consent as it is directly related to the approved use on the site, a golf course.  

However, the mud run would need development consent as it is not related to the use of a golf course. 

A DA is not required where an event supports or is reasonably associated with the main use of a building or land. 

In this example a DA is not required as it is an event is related to the primary use on the property.

If you are unsure, you can contact Council’s Duty Planner to confirm.

No. Council supports events because they drive tourism, business activity, and community connection. Council must update the DCP as it is inconsistent with the currently planning legislation. Until legislation is changed Council will not be able to approve exemptions for temporary events.

Council has previously attempted to insert provision into planning legislation (the Cessnock Local Environmental Plan 2011) to allow some minor events to be exempt from development approval however this proposal was not supported by the NSW State Government.  

Council will continue to advocate to the NSW Government for a state-wide exemption for minor events.

Higher-impact events include: events which are held for more than 12 occasions per year), events held in close proximity to any sensitive land use, or event involving the use of:

• Amplified music 
• PA systems for extended periods
• Pyrotechnics / fireworks
• Extreme sports 
• Motorised activities
• Amusement rides, or
• Aerial performances or helicopter landings.  

Examples of these type of event could include a commercial wedding reception on a rural residential property, or a large concert at a winery with amplified music. These type of event require a conversation with Council’s Duty Planner and likely require a Development Application. 

Because of compliance issues and the legal conflict between our Development Control Plan and the Cessnock Local Environmental Plan, we urgently needed to prepare a draft Chapter that could be placed on public exhibition. 

Council’s Strategic Planning team has always intended that consultation will occur during and after exhibition. 

Importantly, no final decisions will be made until after further discussions with industry and community.

The exhibition period has been extended until 24 September. 

Council will not finalise or adopt it until after submissions are considered.

After consultation is concluded, Council will review submissions received from our community. A response to the issues raised via submission will be provided to Council before a decision on how to proceed is made. 

Council has also committed to meeting with the Hunter Valley Wine and Tourism Association, being a key industry group, to discuss concerns raised in the exhibition period.  

The aim is to adjust the provisions to strike the right balance.

Make a submission before 4pm, 24 September. This is the best way to ensure your concerns are formally considered.

Join Council and industry in lobbying the NSW State Government for a statewide solution.

A Development Control Plan (DCP) gives detailed rules for planning and designing developments, supporting the main planning controls in a council's Local Environmental Plan (LEP). Every council must share their DCPs on the Planning Portal. You can view Development Control Plan/s here.

The current event rules were made in 2011 and are now out of date. Council was working on a plan to let some small events on private land happen without needing a development application (DA), but state agencies had concerns about how these events would be managed. Since those concerns couldn’t be resolved, the plan has been dropped. Because of this, Council has created a new draft to update the rules, remove the outdated DA exemption, and avoid any confusion.

Events and functions that are not part of the land’s approved use (ancillary use) will need Council approval (a DA). These include:

• Where the function or event is carried out for commercial gain or profit, if this differs from any approved use of the land
• Where the scale or impact of the event (in terms of the number of attendees and vehicles and extent of event planning required) is significantly greater than the routine or approved use of the land
• Where a property is advertised as available for hire for events and/or functions, or the event is promoted to the general public
• Where there is evidence of a regular use of a premises for events or functions
• Where the event is not limited to occupants of the property, their relatives or friends. 

None of these factors are essential in determining that an event requires a DA but taken in combination may indicate as such.

An ancillary use refers to a secondary activity that supports or is reasonably associated with the primary use of a building or land. Ancillary uses do not operate independently and are generally considered typical to the approved use of a site.

Examples:

• The primary use of a residential property is to accommodate its occupants. Ancillary uses may include domestic activities or occasional social gatherings consistent with typical residential living. A use that may be considered non-ancillary in this context would include hiring the property or part thereof for a wedding reception or similar function involving nonresidents, as this exceeds what may reasonably be expected within a residential neighbourhood.

• The primary use of a public park is for general recreation, including activities such as walking, informal sport, and children’s play. Ancillary uses might include small community events that align with this recreational purpose. In contrast, a non-ancillary use could include a commercial festival, exclusive event, or large-scale public gathering. These uses may significantly restrict typical park usage, limit community access, or generate impacts not ordinarily associated with the park’s intended purpose.

Yes. If an event is not provided with an exemption from DA requirements by an Environmental Planning Instrument, such as a LEP or State Environmental Planning Policy (SEPP), DA approval is required. The current DCP provided a DA exemption for smaller events up to 500 people. However, as Council is no longer able to provide this exemption, a change in DCP controls is required. As such, events that had been operating as ‘exempt’ will need a DA approval to continue.