CL……. BUSINESS ITEMS
ATTACHMENT 1
Table of proposed amendments to Parramatta Local Environmental Plan 2001
Proposed Amendments to the Parramatta Local Environmental Plan 2001
Bold Italics indicate the new text to be inserted
Strike through indicates the text to be deleted
Highlighted indicates additional amendments
Part 1 Preliminary Information
Proposed Change / Reasons11 Adoption of Model Provisions
This plan adopts clauses, 5, 8, 9-14, 18, 19, 22, 24, 27, 30, 31 and 35 (clause 35c excepted) of, and, Schedule 1, to, the Environmental Planning and Assessment Model Provisions 1980. /
- In order for Council’s Tree Preservation Order to be enforced, Clause 8 – Preservation of Trees of the Environmental Planning and Assessment Model Provisions 1980 must be adopted by the LEP 2001. Clause 8 establishes that Council can make a Tree Preservation Order and that this order may prohibit the ringbarking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees specified in the order except with the consent of the council and any such consent may be given subject to such conditions as the council thinks fit.
- The LEP does not contain any specific controls for service stations or car repair stations, Clause 19 – Service Stations or Car Repair Stations of the Environmental Planning and Assessment Model Provisions 1980 provides controls for the siting of petrol stations and car repair stations and for the overall layout of the site.
Part 2 General Controls for Zoned Land
Proposed Change / Reasons2A Residential Zone, 2B Residential Zone, 2C Residential Zone, 2D Residential Zone, 2E Residential Zone, 3A Centre Business, 3B Neighbourhood Business:
4 Development allowed only with consent
Community Drop Off Centres / Community drop off centres are currently permissible in all residential zones and have a similar potential to a warehouse type facility. Given the potential need to service these centres with trucks and other vehicles, it is not considered that they are an appropriate use in residential zones. In addition, the current definition provides no clarity as to the exact nature of a community drop off centre and should be removed from the LEP.
2A Residential Zone, 2B Residential Zone, 2C Residential Zone, 2D Residential Zone, 2E Residential Zone:
4 Development allowed only with consent
Granny Flats / At the LEP and DCP Review Workshop of 18 February 2002 it was decided to include Granny Flats as a permissible use in all residential zones with this definition.
Granny Flat means a dwelling:
(a)That has self-contained cooking facilities and a gross floor area not exceeding 60 square metres,
(b)That does not have a land title separate from that for the rest of the building, and
(c) That is either attached or detached from the main dwelling.
It was also decided that Granny Flats would be included in calculating the floor space ratio permissible on the site and that they
did not need to be attached to an existing dwelling ie. could be freestanding.
2A Residential Zone, 2B Residential Zone, 2C Residential Zone, 2D Residential Zone, 2E Residential Zone:
4 Development allowed only with consent
Development for the purpose of:
Local shops / “Local Shops” are not currently a permissible use in Residential Areas and Neighbourhood Business Zones, which restricts the development of convenience and corner stores in newly subdivided and developed areas.
At the Councillors LEP and DCP Review Workshop of 18 February 2003 it was decided that: “Local Shops should be a permissible use in Residential 2(a), 2(b), 2(c) and 2(d).” The definition of a Local Shop would be as currently found in the LEP:
“Local Shop means a shop which operates primarily to serve the needs of the surrounding residents or workers and does not exceed 60 square metres in floor space area.”
2A Residential Zone, 2B Residential Zone, 2C Residential Zone, 2D Residential Zone, 2E Residential Zone, 3A Centre Business Zone, 3B Neighbourhood Business Zone, 4 Employment Zone, 5 Special Uses Zone:
3 Development that does not require consent
Development for the purpose of:
Exempt Development / To ensure consistency of layout and wording throughout LEP 2001.
2E Residential Zone
Development in the 2E Residential Zone (Flood Affected)
3 Development that does not require consent:
Development for the purpose of:
Nil /
- To provide a clearer indication that land zoned Residential 2E was zoned as such because of various levels of Flood Affectation.
- All development on flood affected land requires a development application and therefore no proposals are considered exempt development.
Development in the 3A Centre Business Zone
4 Development allowed only with consent
brothels / In accordance with the Council resolution of 17 February 2003.
Development in the 7 Environment Protection (Bushland) Zone
3 Development that does not require consent
Development for the purpose of:
bushfire hazard reduction
tree removal or pruning by Council or it’s authorised agents /
- This revision would enable bushfire hazard reduction on land Zoned 7 without the need for a development application. Bushfire Hazard Reduction is defined as a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.
- This revision would enable Council and it’s authorised agents to prune and remove trees on public land in accordance with management plans without the need for a development application.
Development in the 9A Open Space (Proposed) Zone
3 Development that does not require consent
Development for the purpose of:
gardening and landscaping works
tree removal or pruning by Council or it’s authorised agents / This revision would enable Council and it’s authorised agents to prune and remove treeson public land in accordance with management plans without the need for a development application.
Development in the 9D Environment Protection (Proposed) Zone
3 Development that does not require consent
Development for the purpose of:
bushfire hazard reduction
tree removal or pruning by Council or it’s authorised agents /
- This revision would enable bushfire hazard reduction on land Zoned 9D without the need for a development application. Bushfire Hazard Reduction is defined as a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.
- This revision would enable Council and it’s authorised agents to prune and remove trees on public land in accordance with management plans without the need for a development application.
Part 3 Special Controls for all Land
Proposed Change / Reasons17 What is exempt development?
(1) Exempt development is development that is listed in Section 6.1 of Parramatta Development Control Plan 2001 and complies with the development standards and other requirements applying to the development as listed in Parramatta Development Control Plan 2001 adopted by the Council on 17 September 2001.
(2) Despite subclause (1), development is not exempt development if it is carried out on a site:
(a)of a heritage item identified in an environmental planning instrument or that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the State Heritage Register under that Act, or
(b)identified as an Aboriginal place or know Aboriginal relic, or dedicated or reserved under the National Parks and Wildlife Act 1974, or
(c)within Zone 7 or 9(d)or within 6 metres of land within Zone 7 or 9(d), or
(d)Within Zone 6A which is covered by the Threatened Species Conservation Act or within 6 metres of land zoned 6A which is covered by the Threatened Species Conservation Act, or
(e)Reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(f)Within that part of the flood liable land that is affected by the 100 year average recurrence interval (ARI) flood, or
(g)That is critical habitat (within the meaning of the Threatened Species Conservation Act 1995) or is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987).
(h)An aquatic reserve declared under the Fisheries Management Act 1994, or
(i)is within 40 metres of a watercourse under the provisions of the Water Management Act 2000.
(3) Development is not exempt development unless it is of minimal environmental impact. /
- The proposed changes to the Clause 17 What is exempt development? will provide consistency between the LEP controls for exempt development and the DCP controls for exempt development.
- Development in Zone 7 Environment Protection or in Zone 9(d) Environment Protection (Proposed) requires a development application and consent from Council. This proposed change is necessary to ensure consistency between the exempt and complying provisions.
- Clause 17(2)(c) has caused problems for residents immediately abutting Zone 7 and Zone 9(d) in constructing minor structures and should be removed.
- The object of the Threatened Special Conservation Act 1995 is to conserve biological diversity, protect critical habitat and manage processes that threaten survival of species. In order to recognise Council’s obligations under the Threatened Species Conservation Act 1995, any development proposed for a site, which is covered by the Threatened Species Conservation Act, 1995 requires consent.
- Development or intensification of development on flood liable land will have an impact on the catchment. To ensure that development is not carried out on flood affected land without the knowledge and consent of Council, any development on flood liable land affected by the 100 year average interval requires a development application.
- The object of the Wilderness Act 1987 is to provide for the permanent protection of wilderness areas and the proper management of these areas. To ensure that development is not carried out on land that is identified in the Threatened Species Conservation Act 1995 or the Wilderness Act 1987. In order to recognise Council’s obligations under the Wilderness Act 1987, any development proposed on a site identified as a wilderness area requires a development application.
- The object of the Fisheries Management Act 1987 is to conserve fishery resources through a series of identified aquatic reserves. In order to recognise Council’s obligations under the Fisheries Management Act 1987, any development proposed on a site identified as an aquatic reserve requires a development application.
- The Water Management Act 2000 requires the consent of the Department of Land and Water Conservation to develop land within 40 metres of a watercourse. Inserting this head of consideration is necessary to provide consistency between the exempt development provisions and the complying development provisions.
- Comments received from the Development Unit in regards to Clause 17 (3) – the clause is not useful in assessment and has caused confusion with applicants.
18 What is complying development?
Delete note from column
(1) Complying Development is development listed in Section 6.2 of Parramatta Development Control Plan 2001, as adopted by the Council on 17 September 2001, but only if:
(a)it is local development of a kind that can be carried out with consent on the land on which it is proposed to be carried our, and
(b)it is not an existing use (within the meaning of section 106 of the ACT), and
(c)it complies with such of the deemed-to-satisfy provisions of the Building Code of Australia (if any) as are relevant to the form of development, and
(d)it complies with such of the development standards and other requirements applying to the form of development as are listed in Parramatta Development Control Plan 2001, as adopted by the Council on 17 September 2001, and
(e) it will achieve the outcomes listed for the development in Section 6 of Parramatta Development Control Plan 2001, as adopted by the Council on 17 September 2001.
Despite subclause (1), development is not complying development if it is carried out on land that:
(a)is identified by the Council or in any other environmental planning instrument or a development control plan as a heritage item or within a heritage conservation area, bushfire prone, flood liable or contaminated land, or is subject to subsidence, slip or erosion, or
(b)is a site that has been previously used as a service station, or a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55 - Remediation of Land, or
(c)is identified as an Aboriginal place or known Aboriginal relic, or is dedicated or reserved under the National Parks and Wildlife Act 1974, or
(d)is within Zone 7 or 9(d)or is within 6 metres of land within Zone 7 or 9 (d),or
(e)is critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or
(f)is within a wilderness area (within the meaning of the Wilderness Act 1987), or
(g)comprises, or on which there is, an item of the environmental heritage that is subject to an interim heritage order under the Heritage Act 1977 or that is listed on the State Heritage Register under that Act, or
(h)that is identified as such an item in an environmental planning instrument, or is identified as an environmentally sensitive area in an environmental planning instrument providing for the complying development, or
(i)is within 40 metres of a watercourse under the provisions of the Water Management Act 2000 or
(j)is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(k)is unsewered land within a special area or hydrological catchment within the meaning of State Environmental Planning Policy No. 58 – Protecting Sydney’s Water Supply. /
- The proposed changes to the Clause 18 What is complying development? will provide consistency between the LEP controls for complying development and the DCP controls for complying development.
- Development in Zone 7 Environmental Protection or in Zone 9(d) Environmental Protection (Proposed) requires a development application and consent from Council. This proposed change is to ensure consistency between the exempt and complying provisions.
- Clause 17(2)(c) has caused problems for residents immediately abutting Zone 7 and Zone 9(d) in constructing minor structures and should be removed.
- The object of the Threatened Special Conservation Act 1995 is to conserve biological diversity, protect critical habitat and manage processes that threaten survival of species. In order to recognise Council’s obligations under the Threatened Species Conservation Act 1995, any development proposed for a site, which is covered by the Threatened Species Conservation Act, 1995 requires consent.
- The object of the Wilderness Act 1987 is to provide for the permanent protection of wilderness areas and the proper management of these areas. To ensure that development is not carried out on land that is identified in the Threatened Species Conservation Act 1995 or the Wilderness Act 1987. In order to recognise Council’s obligations under the Wilderness Act 1987, any development proposed on a site identified as a wilderness area requires a development application.
- Any item which is listed in the Local Environmental Plan (Heritage and Conservation) 1996 or listed on the State Register under the Heritage Act 1997, will require consent from Council for any development on the site.
- Proposed development on land identified as an environmentally sensitive area requires a development application and is not considered to fit within the provisions for complying development.
- SEPP 58 does not apply to Parramatta LGA. (Special Areas are gazetted under the Sydney Water Catchment Management Act and no part of the LGA is located within the Sydney drinking water hydrological catchment)
- Comments received from the Development Unit in regards to Clause 18 (1) (d) – the date should be included to clarify the exact adoption date
Delete the note from the column relating to Clause 18 What is complying development? / This information has been included in the Clause and the reference note in the column is no longer required.
19 Subdivision of Land
(1) Subdivision of land, including subdivision which creates separate allotment for each of the two dwellings resulting from a dual occupancy, subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 or community title subdivisions under the Community Land Development Act 1989may be carried out only with development consent.
(2) The consent authority may refuse consent to a proposed subdivision of a building on land by a strata plan or a strata plan of subdivision where it is of the opinion that the subdivision is likely to:
(a)Prevent achievement of the aims and objectives of this plan, or
(b)Prejudice the future economic development of the land or of adjoining land. / Community Title is commonly used in large subdivisions and allows for community owned land. The Community Land Development Act 1989 provides for community title subdivision and development of land with shared property (eg sporting facilities, common areas). It should be formally included in the LEP as subdivision which “can be carried out but only with development consent.”
24 Brothels
(1) Regardless of any other provision of this plan, premises shall not be erected or used for the purpose of a brothel where they are located:
(a)On any land zoned residential or within 100 200 metres (measured from the curtilage of the building/industrial unit ) of any land zoned residential, or
(b)Near or within view from any church, hospital, school, community facility or public open space or from any other place regularly frequented by children for recreational or cultural activities, or
(c)Within 50 metres (measured from the curtilage of the building/industrial unit) of a public transport facility, being a railway station entrance, bus stop, taxi rank, ferry terminal or the like.
(d)Notwithstanding the above, brothels cannot be developed or operated in employment zones in the following areas:
(i) Wellington Road, South Granville
(ii) Everley Road, South Granville
(iii) Factory Street, Clyde
(iv) Edgar Buggy Street, Granville
(v) Ruby Street, Granville
(vi) Cowper Street, GuildfordGranville
(vii) Ferndell Street, South Granville
(2) In determining an application to carry out development for the purpose of a brothel, the consent authority must consider the following matters:
(a)Whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood because of its size, location, hours of operations, clients or the number of employees and other people working on it,
(b)Whether the operation of the brothel will be likely to interfere with the amenity of the neighbourhood,
(c)Whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood involving similar hours of operation,
(d)Any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality,
(e)Any other environmental planning instruments that the consent authority considers relevant. /
- As was decided at the LEP and DCP Review workshop of 18 February 2003, 200 metres is considered a more appropriate distance of separation between a proposed brothel and land zoned residential. In addition, it was decided that the way of measuring distance of separation should be measured from the curtilage of the building or industrial unit.
- In discussions with the Development Unit it was requested that reference to the curtilage of the building be removed for additional clarity.