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.

    What is a planning proposal?

    A planning proposal request is step one in a multi step process to rezone land through changes to LEP. If a proposal is supported by Council and the Department of Planning, Infrastructure and Environment (DPI&E), the third step is further community consultation when detailed plans are publicly exhibited. The fourth and fifth steps are assessment by the relevant planning authority, and decision by the Minister.

    Council is the Planning Proposal Authority (PPA) for the proposed  site specific amendment to the Leichardt LEP 2011.

    Council does not have delegation from the State government to make this plan. That means that Council does not have the authority to be the final decision making body for this planning proposal. Council role includes  to engage with  the community in accordance with the requirements specified for the planning proposal under the Gateway determination

    What is the history of this Planning Proposal?

    On 8 October 2019, Council declined to support an earlier version of this Planning Proposal.

    On 5 February 2020, the proponent submitted a new Planning. The maximum FSR sought an increase of 0.6:1 to 2:1 and a 6 storey building height.  Council officers assessed the new proposal as having excessive bulk and scale and asked for further design changes.

    On 4 June 2020, Council officers recommended an amended Planning Proposal to the IWCPP. This had an FSR of 1.5:1, a building height of no more than 5 storeys along with other site specific details such as:

    • Objectives for the future redevelopment of the site; 
    • Setback and a maximum height in storeys; 

     

    On 23 June 2020 Council supported the amended Planning Proposal as recommended by Council officers. 

    The Proposal was submitted to the DPI&E for a Gateway Determination on 26 June 2020.

    The Gateway Determination was issued on 17 November 2020 .

    The Planning Proposal was publicly exhibited from 19 November 2020 to 18 December 2020. This will be reported to a future Council meeting in conjunction with a new proposed site specific   Development Control Plan produced by Council. 

    Why is Council exhibiting the draft site specific DCP?

    Council has prepared a site specific development control plan (DCP) which will provide more detailed controls and certainty to guide any future Development Application resulting from the Planning Proposal to amend Leichardt LEP 2011.

    It is now necessary to have the draft DCP put on exhibition to align with consideration of the Planning Proposal  which is to be reported  to Council.

    Will this Development Control Plan replace the Leichhardt DCP?

    No, this DCP will not replace the existing Leichhardt DCP and will only apply to the specific site at 36 Lonsdale and 64-70 Brenan Streets, Lilyfield.

    What does the draft site specific DCP set out to achieve?

    It provides more detailed controls for the site including :

    • maximum building storeys
    • appropriate building setbacks and lower building scale transitions to adjacent existing houses 
    • mitigation of visual privacy and noise impacts including requiring a ‘front garden’ setting to enhance character of Russell and Lonsdale Streets, a 3m wide landscaped buffer to houses
    • traffic access only from Lonsdale Street
    • tree canopy provision for 40 percent site coverage which includes deep soil areas and adequate soil depths above the carpark podium between buildings.

    Can a development application be determined on the site before the DCP is adopted?

    Council intends to request DPIE that an amendment to the Leichhardt LEP 2011 must require a development control plan to be adopted by Council before a future Development Application can be approved.