What is the background to this DCP Amendment?
The redevelopment of the Balmain Leagues Club Precinct has a complex history dating back to 2005 when a masterplan for the site was submitted to Council.
In August 2008, Leichhardt Local Environmental Plan 2000 (LEP 2000) and Leichhardt Development Control Plan 2000 (DCP 2000) were amended to incorporate the current site specific planning controls which accommodate greater development potential on the site than what was previously allowed.
Since this time, three development applications for the Precinct have been refused in various forms by Council, state government panels and the Land and Environment Court. Urban design and traffic impacts were the primary reasons for refusal of the development applications. In addition, a Council-led Planning Proposal to amend the LEP 2000 controls was rejected by the Department of Planning and Environment and Planning Assessment Commission. The Planning Proposal sought to reduce the development potential of the site but it was rejected due to inconsistency with strategic plans at the time and the advice of the former Planning Assessment Commission.
A detailed timeline of the history of the Precinct is provided in the report to Council of 11 December 2018.
Where did this DCP amendment originate?
In March 2018, an application to amend the site specific controls of Leichhardt DCP 2000 was submitted to Council on behalf of the owner of the site. The DCP amendment sought to give effect to the Proponent’s masterplan for the site.
To inform Council’s assessment of the proposed DCP amendment, independent external consultants were commissioned to undertake the following peer reviews:
- Urban design and heritage
- Traffic and transport
The peer reviews identified a number of issues with the Proponent’s masterplan and deficiencies in the proposed DCP amendment and provided recommendations to address them.
On 11 December 2018, Council endorsed the preparation and exhibition of DCP provisions to reflect the recommendations of the peer reviews.
What is the status of the development application for the site?
A development application (D/2018/219) was lodged in May 2018 and placed on public exhibition from 12 June to 11 July 2018. The assessment of the DA is currently on hold, awaiting the outcome of the DCP amendment. It is anticipated that amended DA plans will be submitted once the DCP amendment is finalised. Amended plans would be publicly notified.
What Local Environmental Plan controls apply to the Precinct
The Precinct is currently subject to controls under Leichhardt
Local Environmental Plan 2000 (LEP 2000). It was deferred from Leichhardt
Local Environmental Plan 2013 (LEP 2013).
Under LEP 2000, the site is zoned ‘Business’ and is subject to site specific controls including a maximum total floor space ratio of 3.9:1 and a maximum height of up to 12 storeys. The site specific controls are contained within Schedule 1 Part 3 of LEP 2000.
Amendments to the LEP are not proposed.
What are Local Environmental Plans and Development Control Plans?
A Local Environmental Plan (LEP) is a legal document that regulates land use and development. It determines what can be built, where it can be built, and what activities can occur on land. An LEP guides planning decisions for a local government area.
LEPs are supplemented by development control plans (DCPs), which provide more detailed planning controls for an area.
A DCP must be read in conjunction with the provisions of the relevant LEP.
Isn’t the Precinct identified as a tunnelling site for the Western Harbour Tunnel?
The site has been identified by Roads and Maritime Services (RMS) as a temporary tunnelling site for the construction of the proposed Western Harbour Tunnel. Council opposes the compulsory acquisition of the site for tunnelling purposes.
The NSW Government has released a proposed reference design for this project. Further details can be found on https://www.rms.nsw.gov.au/projects/sydney-north/western-harbour-tunnel-beaches-link/index.html. Alternatively, customer service for this project can be contacted on firstname.lastname@example.org or 1800 931 189.