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 where 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 30 September 2015, Ethos Urban on behalf of the landowners lodged a planning proposal for 67, 73 - 83 Mary, 50-52 Edith & 43 Roberts Streets, St Peters (the Site).

    On 15 March 2016 Council refused the planning proposal following community feedback.

    In February 2017, Sydney Central Planning Panel recommended that the existing planning proposal be submitted to the DPIE for Gateway Determination and stated that it supported the proposal on the understanding that that it has applied a “precautionary principle” to any rezoning of an “isolated piece of industrial land” because the amount of floor space devoted to employment will be greater following the proposed rezoning than it is now”.

    On 10 October 2017 gateway determination was issues by DPI&E. The gateway determination advised that it was “decided not to issue an authorisation for Council to exercise delegation to make this plan”.

    In October 2018 following community feedback on the planning proposal, Council resolved not to support the proposal again and advised DPI&E.

    In April 2020, the DPI&E formally advised Council that they intend to amend the Marrickville Local Environmental Plan (MLEP) 2011 for the site to apply a B4 Mixed Use zoning, Maximum Floor Space Ratio of 2.2:1 and Maximum Building Height which accommodates a range of building heights ranging from 2 storeys to 7 storeys, with the exception of building heights in Edith Street being lowered to one storey. This officially occurred in June 2020.  

    Is this proposal apart of the Fast-Tracked Assessments as set out by the Department of Planning, Infrastructure and Environment?

    Yes, this planning proposal is one of many projects chosen by the Department of Planning, Infrastructure and Environment (DPI&E) to be brought forward with immediate effect to support productivity, investment and jobs during COVID-19. 

    For more information on this project visit Planning NSW

    The DCP does not form part of the acceleration program. Only the gazettal of the MLEP amendment forms part of the acceleration program. This occurred in June 2020.

    Will this Development Control Plan (DCP) replace the Marrickville DCP?

    No, this DCP will not replace the existing Marrickville DCP and will only be apply to the specific site known as precinct 75.

    What does the draft site specific Development Control Plan set out to achieve?

    The Council officers draft DCP contains provisions to minimise potential adverse impacts including:

    • Mitigating building height impacts with upper level setbacks
    • Introducing tree canopy buffers
    • Minimising traffic on Edith Street and Roberts Street and
    • Improvements to the public domain

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

    No.

    What is Council’s role in the planning proposal?

    Council’s role in the planning proposal process has changed over the course of the application. The Council refused the application upon completing a thorough assessment of the proposal and had delegation to determine the planning proposal to make amendments to the Marrickville LEP.

    The DPI&E issued a Gateway determination for this planning proposal, in October 2017, requiring community engagement for the proposed LEP amendments. This meant the DPI&E had assessed the planning proposal and decided it has sufficient merit to proceed to public exhibition.

    In addition, the gateway determination advised Council that it was “decided not to issue an authorisation for Council to exercise delegation to make this plan”. This meant, the DPIE is now the delegated Planning Proposal Authority. Council have no ability under the Environmental Planning and Assessment Act to change that decision.

    As Council did not have delegation to determine the planning proposal to make amendments to the MLEP, Council has prepared a site specific development control plan (DCP) to minimise the potential impacts from any proposed development.

    It is now necessary to have a draft DCP put on exhibition so that when eventually adopted an assessment may be made for any Development Application that may be submitted for the site.