Making it easier to set up a small bar (former Leichhardt LGA only)


Council is amending Schedule 2 of Leichhardt Local Environmental Plan (LEP) 2013 to introduce a 'change of use' exemption to allow small bars in existing restaurant and café premises and vice versa in B2 Local Centres without the need for a development application.

There are also proposed amendments to Leichhardt Development Control Plan (DCP) 2013 as it relates to licenced premises and small bars. The changes aim to make development controls easier for 'low-impact' premises such as small bars, restaurants and cafes.

The Planning Proposal outlines the intended effect of the proposed LEP and DCP amendments.


View the documents online


Council is amending Schedule 2 of Leichhardt Local Environmental Plan (LEP) 2013 to introduce a 'change of use' exemption to allow small bars in existing restaurant and café premises and vice versa in B2 Local Centres without the need for a development application.

There are also proposed amendments to Leichhardt Development Control Plan (DCP) 2013 as it relates to licenced premises and small bars. The changes aim to make development controls easier for 'low-impact' premises such as small bars, restaurants and cafes.

The Planning Proposal outlines the intended effect of the proposed LEP and DCP amendments.


View the documents online here


Hard copies of the documents can also be viewed at -
  • Inner West Council - Leichhardt Service Centre, 7-15 Wetherill Street, Leichhardt
  • Leichhardt Library, Piazza Level, Italian Forum, 23 Norton Street, Leichhardt
  • Balmain Library, 370 Darling Street, Balmain
Have your say

Council is now seeking community feedback

  • Complete and send your submission online using the form below,
  • in writing to Council at: PO Box 1145, Ashfield NSW 1800

The closing date for feedback is Tuesday, 21 June 2016.

What happens next?


Following the close of the public exhibition, Council officer will prepare a post-exhibition report for Council's consideration.

Further Information


Should you have any questions please contact Katie Miles of Strategic Planning on 9367 9114.

  • Council resolves to not withdraw the Small Bars LEP Amendment

    8 months ago

    After the Small Bars Planning Proposal was adopted by Council, the LEP amendment was was forwarded to the Department of Planning and Environment (DPE).

    In August 2017 the Deputy Parliamentary Counsel ruled that the amendment to make the change of use exempt development could not progress and that it should be changed to complying development. This would be a more expensive and difficult pathway for applicants. In December 2017, Council received a letter from the DPE requesting that Council withdraw the Planning Proposal.

    Council considered a report about a formal response to the DPE at a meeting on 8 May...

    After the Small Bars Planning Proposal was adopted by Council, the LEP amendment was was forwarded to the Department of Planning and Environment (DPE).

    In August 2017 the Deputy Parliamentary Counsel ruled that the amendment to make the change of use exempt development could not progress and that it should be changed to complying development. This would be a more expensive and difficult pathway for applicants. In December 2017, Council received a letter from the DPE requesting that Council withdraw the Planning Proposal.

    Council considered a report about a formal response to the DPE at a meeting on 8 May 2018 and resolved to:

    1. Not withdraw the Small Bars LEP Amendment;
    2. Write to the Minister for Planning and the Department of Planning and Environment seeking reconsideration of the issue and requesting reversion to the approach initially supported by Parliamentary Counsel as outlined in the report; and
    3. Prepare an amended proposal utilising a complying development approval pathway if the Minister refuses to reconsider the Exempt Development Planning Proposal.
  • Council adopts the Small Bars Planning Proposal

    about 2 years ago

    At a meeting on 6 December 2016, Council considered a report about the Small Bars Planning Proposal which included submissions from the community. At the meeting the Administrator determined that:

    1. The report and attached Planning Proposal and Leichhardt Development Control Plan 2013 Amendment be noted.

    2. Council resolves to adopt the amended Small Bars Planning Proposal to amend Schedule 2 of the Leichhardt Local Environmental Plan 2013 for a change of use exemption between small bars, restaurants and cafes in the B2 Local Centre zone.

    3. Council forwards the amended Planning Proposal to the Department of Planning and Environment...

    At a meeting on 6 December 2016, Council considered a report about the Small Bars Planning Proposal which included submissions from the community. At the meeting the Administrator determined that:

    1. The report and attached Planning Proposal and Leichhardt Development Control Plan 2013 Amendment be noted.

    2. Council resolves to adopt the amended Small Bars Planning Proposal to amend Schedule 2 of the Leichhardt Local Environmental Plan 2013 for a change of use exemption between small bars, restaurants and cafes in the B2 Local Centre zone.

    3. Council forwards the amended Planning Proposal to the Department of Planning and Environment and requests that it makes arrangements for the publication of LLEP 2013 amendment on the NSW Legislation website.

    4. Council endorses the amended Leichhardt Development Control Plan 2013 in accordance with the requirements of Clause 21 of Environmental Planning and Assessment Regulations 2000 and place a public notice in the local newspaper with the specified date of commencement.

    Read the report