Is this proposal a development application?

No, at this stage the proposed changes relate only to land zoning, height of building and floor space ratio controls. The changes also introduce site specific development controls for any redevelopment of the site.

Any future redevelopment of the site would be subject to a development application process which would require assessment against Council’s planning controls. There will be opportunity for comment as part of the notification period for any future development application lodged for the site.

What is a local environmental plan?

Local Environmental Plans guide planning decisions for local government areas. They do this through zoning and development controls, which provide a framework for the way land can be used. LEPs are the main planning tool to shape the future of communities and also ensure local development is done appropriately.

What is the process for local environmental plan amendments?

The five steps in the process are as follows, we are at step three :

  1. The planning proposal - the relevant authority prepares the planning proposal, which justifies the need for the development.  If started by the Minister (rather than the local council which is mostly the case), the Minister can appoint the Secretary of the Department of Planning and Environment or a joint regional planning panel to be the relevant planning authority. 

  2. Gateway - the Minister (or delegate) decides whether the planning proposal is justified to go ahead to the next stage. At this point further studies are done and resources are allocated to the preparation of a plan. Consultations occur with relevant public authorities and, if necessary, the proposal is changed. A decision on whether the relevant council is able to finalise particular types of LEPs is also determined at this stage.

  3. Community consultation - the proposal is publicly exhibited for a minimum of 14 days or 28 days. A person making a submission may also request a public hearing be held. 

  4. Assessment - the relevant planning authority reviews public submissions. Parliamentary Counsel then prepares a draft local environmental plan.

  5. Decision - with the Minister’s (or delegate’s) approval, the local environmental plan becomes law and is published on the NSW legislation website.

Why is Council considering these amendments?

In August 2014, Council received a planning proposal request to amend the planning controls at the subject land. Council considered this proposal in a report at its meeting on 2 December 2014. You can also view a copy of the minutes of this meeting here

Council resolved to give in principle support to the planning proposal request, subject to the resolution of vehicular access to the site which was identified as an issue. The access concerns were subsequently resolved and Council submitted the planning proposal to the Department of Planning and Environment (DP&E) in April 2015 for their consideration.

The proposed amendments to the Marrickville Local Environmental Plan 2011 for 141-161 New Canterbury Road, Lewisham are:

  • Rezoning the site from IN2 Light Industrial to B5 Business Development;
  • Including an Additional Permitted Use in Schedule 1 of MLEP 2011 to allow a ‘residential flat building’;
  • Setting a maximum building height of 14 metres (to allow a 4 storey building);
  • Setting a maximum floor space ratio of 1.5:1.

The proposed changes to the Marrickville Development Control Plan 2011 provide more detailed planning controls to guide any future redevelopment of the site and can be viewed here

The NSW Department of Planning & Environment (DP&E) under Section 56 of the NSW Environmental Planning & Assessment (EP&A) Act 1979 has authorised Council to exhibit the proposed amendment to the Marrickville Local Environmental Plan (MLEP) 2011. The Minister of Planning & Environment has issued an authorisation delegating the making of the plan to Council.