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 five-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.

    What is the history of this project?

    On 23 July 2019, the Inner West Local Planning Panel (IWLPP) in its advice to Council recommended (IWLPP740/19 Agenda Item 2) that the planning proposal lodged on 3 May 2019 should not be supported. Notwithstanding, the IWLPP agreed with Council officers’ recommendation that potentially the site has strategic merit for redevelopment.

    In December 2019, the proponent submitted the revised planning proposal. Council has amended this proposal further to align with the Panel’s previous recommendations dated 23 July 2019, Council's wider strategic planning policies including the Inner West Local Strategic Planning Statement (LSPS), Housing Strategy and Employment and Retail Lands Strategy (EaRLS), Parramatta Road Corridor Urban Transformation Strategy and Camperdown-Ultimo Collaboration Area Place Strategy (C-U CAPS).

    Will this exhibited Development Control Plan (DCP) replace the Leichhardt DCP (LDCP)?

    No, this DCP will only be apply to the specific site (1-5 Chester Street, Annandale. This DCP will supplement the provisions of the LDCP to address the specific nature of this proposed development.

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

    No.

    What is permitted in the current zoning (IN2 Light Industrial) and what will be permitted in the proposed new zoning (B7 Business Park)?

    The following land uses are permitted in the IN2 Light Industrial if they have obtained development consent:

    Agricultural produce industries; Depots; Educational establishments; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Storage premises; Tank-based aquaculture; Warehouse or distribution centres; other uses that are not prohibited in the zone.

    The following uses are prohibited:

    Air transport facilities; Airstrips; Biosolids treatment facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Forestry; Heavy industries; Home businesses; Intensive livestock agriculture; Hazardous storage establishments; Health services facilities; Helipads; Highway service centres; Home occupations (sex services); Information and education facilities; Livestock processing industries; Marinas; Markets; Mooring pens; Moorings; Offensive storage establishments; Open cut mining; Pond-based aquaculture Public administration buildings; Pubs; Registered clubs; Residential accommodation; Respite day care centres; Restaurants or cafes; Roadside stalls; Rural supplies; Shops; Stock and sale yards; Tourist and visitor accommodation; Waste disposal facilities

    For additional information view NSW Legislation

    The B7 Business Park zone permits home occupations without consent and the following uses with development consent:

    Centre-based child care facilities; Garden centres; Hardware and building supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

    The following uses are prohibited: 

    Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Attached dwellings; Biosolids treatment facilities; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Food and drink premises; Forestry; Freight transport facilities; Function centres; General industries; Group homes; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Hostels; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Plant nurseries; Pond-based aquaculture Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Shop top housing; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

    For additional information view NSW Legislation 

    Under this Planning Proposal boarding house use ( student housing in this case ) will also be permitted in the B7 Business Park zone as a site specific additional permitted use subject to obtaining development consent.

    What is Council’s role in the planning proposal?

    The Department of Planning, Industry and Environment (DPI&E) issued a Gateway determination for this planning proposal on 9 October 2020 requiring community engagement for the proposed LEP amendments.

    Council is the Planning Proposal Authority (PPA), but 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 as the PPA is now engaging the community in accordance with the requirements specified for the planning proposal under the Gateway determination