Why different setback rules apply in the same merged LGA
You and your neighbour are in the same council area. You share a fence. But your rear setback is 8 metres, and theirs is 5 metres. This is not an error — it is a consequence of NSW council amalgamations and the way development control plans were inherited, not unified.
One LGA, three sets of rules
Inner West Council (merged 2016)
Former Ashfield
Ashfield DCP 2007
Rear setback: 8m
Side setback: 0.9m
Former Leichhardt
Leichhardt DCP 2013
Rear setback: 6m
Side setback: 1.2m
Former Marrickville
Marrickville DCP 2011
Rear setback: 5m
Side setback: 0.9m
Three former councils. Three DCPs. One merged LGA.
What happened in 2016
In 2016, the NSW Government merged 43 councils into 20 new entities. Each former council had its own Development Control Plan — a detailed document specifying setbacks, building heights, landscaping requirements, parking rates, and dozens of other site-specific controls. When councils merged, these DCPs were not consolidated. They were inherited.
The merged council now administers multiple DCPs simultaneously. Which one applies to your property depends entirely on which former council area your lot falls within — not on any unified standard.
This was intended to be temporary. Ten years later, most merged councils still operate under their inherited DCPs. Harmonisation is a multi-year process that requires extensive community consultation, technical studies, and political will. Some councils have begun the process. Most have not finished it.
Why this matters for your build
The practical impact goes well beyond setbacks. Different former council DCPs within the same LGA can specify different requirements for:
- Rear setbacks — the distance between your building and the rear boundary. This directly affects how much of your lot is buildable.
- Side setbacks — clearance to side boundaries. Affects building width, light, and privacy.
- Landscaped area — minimum percentage of the lot that must remain soft landscaping. Ranges from 30% to 55% across different former council areas.
- Car parking rates — different minimums for the same dwelling type depending on which DCP applies.
- Granny flat and secondary dwelling controls — floor area limits, setback requirements, and private open space differ between former councils. See our guide on granny flat rules in NSW.
- Heritage and character controls — different precincts, different character statements, different DCP heritage provisions.
If you are comparing properties across a merged LGA, the controls applicable to each lot may be fundamentally different — even if the LEP zoning is identical.
Where this plays out in practice
Inner West Council
Formed from the merger of Ashfield, Leichhardt, and Marrickville councils. Three distinct DCPs remain in force. The Ashfield DCP 2007 applies to the northern part of the LGA; the Leichhardt DCP 2013 to the central area; and the Marrickville DCP 2011 to the south. Rear setbacks, landscaped area requirements, and character precinct controls all differ between the three.
Canterbury-Bankstown Council
Formed from Canterbury and Bankstown. The two former council areas had substantially different approaches to medium-density housing controls, parking rates, and landscaping. A townhouse project in the former Canterbury area operates under different setback and open space provisions than an equivalent project in the former Bankstown area, despite both being in the same LGA under the same LEP.
Cumberland Council
Formed from Auburn, Holroyd, and part of Parramatta. Three sets of inherited DCP controls apply across the LGA. Parking rates, setbacks, and building envelope controls differ between the former council areas. Properties near the boundaries between former councils can be subject to noticeably different controls from properties just one street away.
How setback rules vary within merged LGAs
| Merged LGA | Former councils | Rear setback range | Side setback range | Landscaped area |
|---|---|---|---|---|
| Inner West | Ashfield / Leichhardt / Marrickville | 5m–8m | 0.9m–1.2m | 30%–50% |
| Canterbury-Bankstown | Canterbury / Bankstown | 3m–6m | 0.9m–1.5m | 40%–50% |
| Cumberland | Auburn / Holroyd / Parramatta (part) | 3m–6m | 0.9m–1.2m | 30%–40% |
| Georges River | Kogarah / Hurstville | 6m–8m | 0.9m–1.5m | 40%–55% |
Ranges reflect variation between former council DCPs within the same merged LGA. Actual requirements depend on zone, lot size, and building type. Verify current provisions with council.
How to find which rules apply to your property
There are three ways to determine which former council area your property is in, and therefore which DCP applies:
1. Check PlotDetect's DCP browser
Enter your address on PlotDetect's DCP browser to see which DCP provisions apply to your specific lot. The system identifies the relevant former council area and shows the applicable controls for setbacks, landscaping, parking, and other site-specific requirements.
2. Check with council directly
The merged council's planning department can confirm which DCP applies to a specific address. Most councils have a duty planner available by phone or in person. Ask specifically which former council DCP applies, not just the LGA-wide DCP number.
3. Check the council website
Most merged councils publish maps showing former council boundaries. Cross-reference your address against these maps to determine which former council area you are in, then locate the relevant DCP on the council website.
When will councils harmonise their DCPs?
There is no state-mandated deadline for DCP harmonisation. Each merged council is proceeding at its own pace. Inner West Council began work on a comprehensive DCP in 2020, with parts still being exhibited in 2026. Canterbury-Bankstown adopted a consolidated DCP in 2023 but retained area-specific variations for some controls. Cumberland Council is progressing a new comprehensive DCP.
Full harmonisation is likely to take several more years across most merged LGAs. In the meantime, checking the applicable former council DCP remains necessary for any development proposal.
Frequently asked questions
Can I vary a DCP setback?
DCPs are not legally binding in the same way LEPs are. Consent authorities can approve variations to DCP controls if justified. However, departure from DCP setbacks requires demonstrating that the variation achieves the objectives of the control, and councils vary in their willingness to approve variations.
Why does the LEP apply uniformly but the DCP does not?
When councils merged, the NSW Government created new LEPs that apply across the entire merged LGA. LEPs are state environmental planning instruments gazetted under the EP&A Act. DCPs are council-adopted documents that sit below the LEP. There was no equivalent state process to force DCP unification, so the old DCPs persisted.
Does this affect complying development?
Complying development under the Codes SEPP has its own setback standards that override local DCPs. If your project qualifies as complying development, the Codes SEPP setbacks apply regardless of which former council area you are in. But if your project requires a DA, the local DCP setbacks are relevant.
Find the DCP controls that apply to your property
PlotDetect's compliance check identifies your former council area and shows the specific DCP setbacks, landscaping, and parking controls for your lot. Enter any NSW address.
Check your property