What is a Local Environmental Plan?

    A Local Environmental Plan (LEP) is a legal document, usually prepared by Council and approved by the State Government that sets the rules for land use and development in an area. It determines what can be built, where it can be built, and what activities can occur on land. LEPs contain both a written instrument and maps.

    Why have we prepared the draft Inner West Local Environmental Plan 2020?

    Council currently has three principal LEPs that apply to development within the area. These LEPs relate to the areas of the former councils that now make up the Inner West. The draft Inner West Local Environmental Plan 2020(draft Inner West LEP 2020) will consolidate these LEPs into one document. 

    This will:

    • Simplify the planning process 
    • Provide consistency by aligning land uses and controls 
    • Provide a framework for a more comprehensive LEP and DCP to be developed in the near future

    What principles have been applied in the preparation of the first consolidated LEP for the Inner West?

    • Common aims for planning across the Inner West 
    • A consistent approach to zone objectives and application of zones across the LGA including  a common land use table for each zone
    • Retention of existing development standards, including floor space ratio, height of buildings, and minimum lot size
    • Rationalisation of controls including the removal of redundant controls and inconsistencies

    What changes are proposed in the draft Inner West LEP 2020?

    • Rezoning the central portion of Ashfield Town Centre from B4 – Mixed Use to B2 – Local Centre (Click here for more information)
    • At 24 April 2020 - Rezoning the majority of industrially zoned land around Moore Street, Leichhardt from IN2 – Light Industrial to IN1 – General Industrial (Click here for more information)
    • Prohibiting dual occupancies in residential zones (see question 6 for more information on this)
    • Permitting light industries and industrial retail outlets in business zones 
    • Limiting residential uses in the B7 – Business Park zone to dwellings and residential flat buildings (and only permitted in limited circumstances)
    • Prohibiting residential flat buildings in business zones. 
    • Restricting residential development in business zones to shop top housing, boarding houses, hostels and seniors housing. This maintains the current policy of requiring ground floors in business zones to have active uses at street level while permitting residential development on upper floors
    • Harmonising particular numerical provisions including:
    • Clause 2.8 – Temporary use of land – 52 days 
    • Clause 5.3 – Development near zone boundaries – 25 metres
    • Clause 5.4 – maximum floor area for miscellaneous use (other than artisan food and drink premises) 
    • Modifications to Schedule 1 to reflect updated addresses and/ or Lot, Deposited Plan or Strata Title information for land parcels identified within this schedule.
    • Modifications to Schedule 5 to reflect updated addresses and/ or Lot, Deposited Plan or Strata Title information for Heritage Items
    • Acid Sulfate Soils mapping (Ashfield area only) 
    • Consolidation of particular local provisions (where appropriate)
    • Inclusion of a Key Sites Map for the application of particular clauses where land use provisions have not been aligned (Click here for more information)

    Are there any changes to floor space ratio, height of buildings or minimum lot size?

    No changes are proposed to the floor space ratio, height of buildings or minimum lot size development standards.  

    Why are dual occupancies proposed to be prohibited in draft Inner West LEP 2020?

    Prohibition of dual occupancies will ensure that Council continues to have control over the impacts of medium density development on streetscape, local character and amenity in the low density residential zone. A future planning proposal will investigate expanding the areas that allow reduced minimum lot sizes for subdivision. It is considered that this will achieve a better planning outcome than permitting dual occupancies – resulting in a form more compatible with the locality while increasing provision of medium density development in the area.

    Why are there new maps for the draft Inner West LEP 2020?

    Maps in an LEP illustrate the location of zoning and particular land use provisions that apply to different parcels of land. Most maps for the draft Inner West LEP 2020 will result from combining the existing maps already in place. 

    New maps that form part of this public exhibition largely relate to areas where there is a change.  Maps included in the public exhibition include: 

    • Acid Sulfate Soils Map (Ashfield area only)
    • Additional Permitted Uses Map
    • Key Sites Map 
    • Zoning Maps (for Ashfield Town Centre and Moore Street Industrial Precinct only)


    What is the difference between the Key Sites Map and the Additional Permitted uses map in the draft Inner West LEP 2020? What has changed?

    Historically the three former Council areas have used the Key Sites mapping and the Additional Permitted Uses mapping interchangeably. Consequently, Additional Permitted Uses have been removed from the Key Sites Map and are now included on the Additional Permitted Uses map only.

    For the draft Inner West LEP 2020 the Key Sites Map is proposed to be used to identify areas where land use provisions have not been aligned and shows areas where particular clauses and provisions of the draft Inner West LEP 2020 are applicable.  

    Council recently adopted a Local Housing Strategy. Does the draft Inner West LEP 2020 include any of the recommendations from this strategy?

    No, this first LEP focuses on bringing together the three existing LEPs and aligning land uses and controls that apply across the LGA. No changes are proposed to the floor space ratio, height of buildings or minimum lot size development standards.  

    This first LEP will provide a solid framework for Council to do subsequent amendments that include recommendations from the evidence based studies currently being completed including the Local Housing Strategy, Integrated Transport Strategy as well as the Employment and Retail Lands Strategy.  

    Why is this not a comprehensive review of the existing LEPs?

    A comprehensive review has not been undertaken at this time to allow Council to simplify the planning process in a shorter time frame. This will result in less confusion and greater certainty for both landowners and the community. A wider ranging review will occur in the near future.

    What is a Development Control Plan?

    A Development Control Plan (DCP) provides detailed planning and design guidelines to guide certain types of development, and achieve particular development outcomes. It is a supplementary development guideline that supports Council’s LEPs.

    There are still three DCPs, has anything changed?

    Yes, the existing Leichhardt, Ashfield and Marrickville DCPs are proposed to be updated to be consistent with the draft Inner West LEP 2020. Updates include:

    • Replacing references to Ashfield LEP 2013, Leichhardt LEP 2013 and Marrickville LEP 2011 with references to Inner West LEP 2020
    • Correcting errors and redundancies resulting from the draft Inner West LEP 2020
    • Removing notification requirements from each DCP – these have been replaced by Council’s new Community Engagement Framework (adopted by Council on 26 November 2019)
    • Deletion of control C25(c) of Part C1.11 – Parking from Leichhardt DCP which allows one car share space to be provided in lieu of 5 car spaces. (Note: this amendment is to be adopted as an interim measure prior to Council reviewing and preparing its parking strategy). 

    Will there eventually be one Development Control Plan for Inner West Council?

    Yes, a comprehensive Inner West DCP will be developed in the future to support the Inner West LEP.

    What is the process after public exhibition?

    After the exhibition period closes, Council will review public submissions and make recommendations for any amendments to the draft Inner West LEP 2020 for consideration at a meeting of Council. 

    The draft Inner West LEP 2020 will be submitted to State Government for finalisation. The last step would see the Inner West LEP 2020 published on the NSW legislation website when it becomes law. 

    Do I have to disclose reportable gifts and donations when making a submission in this public exhibition?

    Yes, you must submit a completed Political Donations and Gifts Disclosure Statement if you have made any reportable political donations or gifts. The form should be filled out and attached to your submission. For more information visit the Political Donations page on Council’s website.