Introduction - Marrickville Council by yaofenji

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									MARRICKVILLE LEP 2010 EXPLANATORY NOTES

PROVISIONS OF THE DRAFT MLEP 2010 and RELATIONSHIP TO CURRENT MLEP 2001

  Introduction

  The purpose of this document is:
      o to provide an explanation of the controls in the new draft Marrickville LEP (MLEP) 2010
         and
      o provide a comparison of the new zones and controls with the existing zones and
         controls under Marrickville LEP 2001.

  The content of this document is arranged to correspond with the structure of the draft MLEP
  2010 and references the clauses within the draft MLEP 2010 and associated maps.

  Within the draft MLEP written document, black-coloured text is that which has been written by
  the Department of Planning (as the Standard Instrument), and which is included in the
  document as either compulsory text or optional text. Red-coloured text is that which has been
  included by Council.

  Part 1 – Preliminary

  1.2      Aims of the Plan

  The aims of the plan reflect the purpose and direction of the new comprehensive MLEP 2010
  and its guiding role over the next twenty-five years. There are nine aims covering: improved
  certainty and efficiency regarding the use of land; vitalisation of centres, a focus upon centres
  for residential development; business and employment opportunities; protection of industrial
  land; sustainable transport; housing accessibility and diversity including the provision and
  retention of affordable housing; ecologically sustainable development; heritage conservation;
  and high quality design.

  Part 2 – Permitted or prohibited development

  2.1      Land use zones

  The draft MLEP 2010 has the following zones: residential, business, industrial, special
  purpose, recreation and waterways zones.

  The process of selecting zones and additional permitted land uses for each zone was primarily
  based on the directions in the Marrickville Urban Strategy (MUS), the current Marrickville Local
  Environmental Plan 2001 (MLEP 2001), existing land uses (Council officers carried out a
  detailed land use survey of the entire LGA), the desired future character of areas, (to be
  detailed in the supporting DCP) and various directions and practice notes from the Department
  of Planning (DoP).

  A brief description of each new zone, key land uses, and the areas in which each zone has
  predominantly been used, is provided below.

  A land use matrix has been prepared which sets out the permissible uses in each zone.
  Importantly, the LEP cannot include uses already made permissible by a State Environmental
  Planning Instrument (SEPP) such as the Infrastructure SEPP or Housing Codes SEPP. These
  uses are noted in the land use matrix.




  Explanatory notes for draft Marrickville LEP 2010                                    1
     Residential zones
It is noted that under draft MLEP 2010 dual occupancies (whether attached or detached) are
prohibited in all residential zones. Instead of dual occupancies, a new dwelling type called
secondary dwellings is permissible in all residential zones. A secondary dwelling is a ‘granny
flat’ self contained type of dwelling that may be required for a family member or to provide
some low cost rental housing to generate extra income for the property owner. Secondary
dwellings are similar to dual occupancies in that they allow two dwellings on one lot, but differ
in that they are established and remain in conjunction with the principle dwelling on the lot, they
remain on the same lot (they can not be strata or community title subdivided) and they are
restricted in size. The intention of permitting secondary dwellings and prohibiting dual
occupancies is to increase the supply of flexible, low cost housing and minimise over
development of the low density residential areas.

As previously noted, there are a number of uses that are made permissible in the residential
zone by the Infrastructure SEPP. These include uses such as educational establishments,
health services facilities etc and are listed in the Land Use Matrix.

  -     R1 General Residential

        This residential zone allows a variety of housing types (similar to the existing MLEP
        2001 2(C) zone) but includes shop top housing and various other land uses such as
        neighbourhood shops.

        Key land uses permissible within this zone include attached dwellings, semi-detached
        dwellings, boarding houses, child care centres, dwelling houses, group homes, hostels,
        multi dwelling housing, neighbourhood shops, residential flat buildings, seniors housing
        and shop top housing.

        This zone has been used mainly where:

         a.    there is a variety of low, medium and high density housing stock along a street or
               a local area; or
         b.    lands, by virtue of their location, quality of building stock or proximity to local
               centres offer development potential for a variety of housing; or
         c.    the desired future character of the area supports a variety of housing types.

        The main concentrations of the R1 Zone are in existing MLEP 2001 Residential 2B and
        2C areas around Dulwich Hill and Marrickville.

        Under the draft MLEP office premises are permitted in this zone but only as part of the
        conversion of existing industrial or warehouse buildings and subject to assessment by
        Council.

        To retain small corner or mid-block shops scattered throughout the area and encourage
        their adaptive re-use office and retail uses have been made permissible for these
        buildings only. It is not the intention of the LEP to permit new retail or office buildings in
        residential zones.

  -     R2 Low Density Residential

        This is a low density residential zone which is comparable to the Residential 2A zone
        under MLEP 2001.

        Key land uses permissible in this zone include attached dwellings, semi-detached
        dwellings, boarding houses, child care centres, dwelling houses, group homes,
        hospitals, hostels, and seniors housing.



Explanatory notes for draft Marrickville LEP 2010                                        2
        This zone has been used mainly for residential areas which currently have low density
        housing in the form of attached and semi detached dwellings and detached dwelling
        houses.

        The R2 zone is the most used residential zone in the draft Plan, which reflects the
        predominant housing character of the LGA.

        Under the draft MLEP office premises are permitted in this zone but only as part of the
        conversion of existing industrial or warehouse buildings and subject to assessment by
        Council.

        To retain small corner or mid-block shops scattered throughout the area and encourage
        their adaptive re-use; office and retail uses have been made permissible for these
        buildings only. It is not the intention of the LEP to permit new retail or office buildings in
        residential zones.


  -     R3 Medium Density Residential

        This zone provides for medium density housing in the form of multi dwelling housing
        (town houses and villa type development) but does not allow residential flat buildings.
        The R3 zone is similar to the existing Residential 2B zone under MLEP 2001 with the
        main differences being:

                   MLEP 2001 2(B) zone                            DMLEP 2010 R3 zone
         residential flat buildings permissible         residential flat buildings prohibited
         neighbourhood shops prohibited                 neighbourhood shops permissible

        Key land uses permissible under this zone include attached dwellings, semi-detached
        dwellings, boarding houses, child care centres, dwelling houses, group homes, hostels,
        multi dwelling housing, neighbourhood shops and seniors housing.

        This zone is considered to have limited application in the draft MLEP 2010. The zone is
        suitable for use in residential areas where:

        a.     the current land use is multi dwelling housing; or
        b.     land by virtue of its size, quality of building stock and location offers potential for
               multi dwelling housing development (but not residential flat buildings); or
        c.     the desired future character of the area supports multi dwelling housing
               development (but not residential flat buildings).

        This zone is mainly applied in Marrickville towards the eastern end of Newington Road
        and in isolated parts of Newtown along Alice and Camden Streets, and in pockets along
        the railway corridor in Lewisham.

        Under the draft MLEP office premises are permitted in this zone but only as part of the
        conversion of existing industrial or warehouse buildings and subject to assessment by
        Council.

        To retain small corner or mid-block shops scattered throughout the area and encourage
        their adaptive re-use office and retail uses have been made permissible for these
        buildings only. It is not the intention of the LEP to permit new retail or office buildings in
        residential zones.




Explanatory notes for draft Marrickville LEP 2010                                        3
  -     R4 High Density Residential

        This main objective of this zone is to provide for high density residential development by
        permitting residential flat buildings. The zone does not allow attached dwellings, semi-
        detached dwellings and multi dwelling housing so that redevelopment does not
        underutilise the site potential, especially dwelling yield. The R4 zone is comparable to
        the existing Residential 2(C) zone under MLEP 2001 with the main differences being:

                    MLEP 2001 2(C) zone                           DMLEP 2010 R4 zone
         multi unit housing permissible                 multi dwelling housing prohibited
         dwelling houses permissible (attached          attached dwellings and semi-detached
         and semi-detached type development)            dwellings prohibited
         neighbourhood shops prohibited                 neighbourhood shops permissible
         shop top housing prohibited                    shop top housing permissible

        Key land uses permissible in this zone include boarding houses, child care centres,
        dwelling houses, hostels, neighbourhood shops, residential flat buildings, seniors
        housing and shop top housing.

        This zone has been used mainly in the following circumstances:

        a.     where there is an existing residential flat building (or buildings) in the Residential
               2(B) or Residential 2(C) zone (under MLEP 2001).
               Note: This is to prevent an existing conforming land use from becoming a non
               conforming land use.
        b.     there is an existing cluster of residential flat buildings (three or more) where they
               are a distinct element within the existing streetscape or where they conform with
               the desired future character of the area.
         c.    in other strategic locations such as the village centres where the R4 zone is
               proposed to respond to the master planning processes that have been
               undertaken for the area.

        Under the draft MLEP office premises are permitted in this zone but only as part of the
        conversion of existing industrial or warehouse buildings and subject to assessment by
        Council.

        To retain small corner or mid-block shops scattered throughout the area and encourage
        their adaptive re-use office and retail uses have been made permissible for these
        buildings only. It is not the intention of the LEP to permit new retail or office buildings in
        residential zones.


      BUSINESS ZONES

  -      B1 Neighbourhood Centre

         This zone aims at providing small scale business, retail and other ancillary uses to
         serve the daily requirements of people who live in and work in the surrounding
         neighbourhood. This zone is comparable to the Neighbourhood Business 3(B) zone
         under MLEP 2001.

         Key land uses permissible in this zone under draft MEP 2010 include boarding houses,
         business premises, child care centres, hostels, shops, office premises and shop top
         housing.

         This zone has been mainly applied to:

         a.    existing neighbourhood centres; or

Explanatory notes for draft Marrickville LEP 2010                                        4
         b.    existing purpose built shops in predominantly residential neighbourhoods which
               are operational or vacant.
               Note: This is to protect existing neighbourhood shops which are considered an
               important element of the local character.

         Dwelling houses are only permitted in this zone where the existing use provisions of
         the Act have ceased to apply and the building can offer satisfactory residential amenity
         and the building can be used without the need for significant structural alterations.

  -     B2 Local Centre

        This zone allows for a wide range of business, retail and entertainment uses for people
        who live in, work in or visit the local centres. This zone is generally comparable to the
        General Business 3(A) zone under MLEP 2001.

        This zone includes four group terms as mandatory land uses - being business
        premises, office premises, retail premises and tourist and visitor accommodation.

        Note: The Standard Instrument practice notes from the DoP encourage the use of
        “group terms” instead of listing many individual land uses. For example, by listing
        business premises as a permissible land use in a zone, this would have the effect of
        making permissible the following land uses: medical centres; health consulting rooms;
        funeral homes; funeral chapels; and restricted premises. However, a group term can be
        used and then a sub-term prohibited. The DoPs practice note [PN 06-003] shows how
        the hierarchy of terms has been applied in the draft MLEP 2010 as does the matrix.

        Other key land uses permissible under the B2 zone include boarding houses, bulky
        goods premises, business premises, child care centres, hostels, nightclubs, office
        premises, retail premises, shop top housing, tourist and visitor accommodation and
        wholesale supplies.

        This zone has been used mainly for commercial areas currently zoned General
        Business 3(A) under MLEP 2001.

        Under the draft MLEP 2010 dwelling houses are only permitted in this zone where the
        existing use provisions of the Act have ceased to apply and the building can offer
        satisfactory residential amenity and the building can be used without the need for
        significant structural alterations.

  -     B4 Mixed Use

        This zone aims to provide a mixture of compatible business, retail, residential and light
        industrial land uses. The main difference between the B4 zone and B2 zone (discussed
        above) is the introduction of “light industries” in the B4 zone. By way of mixing
        compatible light industries with business and retail land uses this zone is considered
        suitable to encourage the revitalisation of some existing 4(B) Light Industrial areas
        under MLEP 2001, as the zone would allow a broader range of land uses than is
        currently the case.

        Key land uses permissible under this zone include boarding houses, business
        premises, child care centres, entertainment facilities, hostels, hotel or motel
        accommodation, industrial retail outlets, light industries, office premises, retail premises,
        seniors housing, shop top housing and vehicle sales or hire premises.

        This zone has been used in select areas along Parramatta Road, Addison Road, Bridge
        Road, New Canterbury Road, May Street (St Peters) and, in some cases, where large
        residential sites incorporate shops or employment at ground level – such as on
        particular sites along the Princes Highway, or, where this mixture of uses is sought,
        such as on a particular site in Alice Street (Newtown).
Explanatory notes for draft Marrickville LEP 2010                                       5
        Under the draft MLEP 2010 dwelling houses are only permitted in this zone where the
        existing use provisions of the Act have ceased to apply and the building can offer
        satisfactory residential amenity and the building can be used without the need for
        significant structural alterations.

  -     B5 Business Development

        This zone aims at providing a mix of warehouse uses, business uses, offices and
        specialised retail uses, with a broader focus on employment uses. This zone does not,
        however, permit all kinds of retail premises. This zone is best suited close to local
        centres or near transport corridors to support the viability of centres.

        The B5 zone does not allow any form of private residential accommodation but does
        include accommodation such as hotel and motel accommodation and serviced
        apartments. In specific cases, residential development or live/work options have been
        made available through Schedule 1 and the Key Sites Map, to assist revitalisation and
        where such an approach is consistent with key strategic directions.

        Key land uses permissible under this zone include bulky good premises, business
        premises, child care centres, food and drink premises, hotel or motel accommodation,
        industrial retail outlets, light industries, office premises, serviced apartments, vehicle
        sales or hire premises and warehouse or distribution centres.

        This zone is considered to have limited application under draft MLEP 2010 and has
        been used along small parts of Bridge Road, Addison Road, Gladstone Road,
        Marrickville Road and parts of the St Peters “triangle” area, where a broader range of
        land uses is desired, and residential land uses are either excluded or carefully
        controlled. With the exception of the existing Tempe shopping strip (which is currently
        zoned 3(A) General Business), all areas which have been zoned B5 have either a
        General Industrial 4(A) zoning or Light Industrial 4(B) zoning under the current MLEP
        2001.

        Note: Retail premises are permissible in the existing Tempe shopping strip via
        Schedule 1 of the draft LEP.

        Under the draft MLEP 2010 dwelling houses are only permitted in this zone where the
        existing use provisions of the Act have ceased to apply and the building can offer
        satisfactory residential amenity and the building can be used without the need for
        significant structural alterations.

  -     B6 Enterprise Corridor

        This zone aims at providing for a range of business, office and specialised retail
        activities along major roads. With the exception of a few specialised land uses being
        made permissible (including mortuaries, neighbourhood shops, sex service premises,
        transport depots, truck depots, vehicle body repair workshops, vehicle repair stations)
        this zone is similar to the B5 zone (discussed above) where general retail uses are not
        permitted unless otherwise provided in Schedule 1 to the draft MLEP 2010.

        Key land uses permissible in this zone include food and drink premises, hotel or motel
        accommodation, industrial retail outlets, light industries, mortuaries, neighbourhood
        shops, office premises, serviced apartments, sex services premises, transport depots,
        truck depots, vehicle body repair workshops, vehicle repair stations, vehicle sales or
        hire premises, and warehouse or distribution centres.




Explanatory notes for draft Marrickville LEP 2010                                     6
        This zone has been used along parts of Parramatta Road, and along much of the
        Princes Highway – in areas which currently have an industrial zone.

        Under the draft MLEP 2010 dwelling houses are only permitted in this zone where the
        existing use provisions of the Act have ceased to apply and the building can offer
        satisfactory residential amenity and the building can be used without the need for
        significant structural alterations.

    B7 Business Park

        This new zone has been applied to land zoned light industrial under the existing MLEP
        2001 and provides a transitional land use between industrial land and residential land
        uses.

        It is an employment zone that permits limited residential development in conjunction
        with permissible active/employment uses at ground floor. This zone is to provide for
        small scale genuine live-work opportunities, creative industries, office and light
        industrial uses.

        Key land uses permissible in the zone under draft MLEP 2010 include business
        premises, child care centres, entertainment facilities, light industries, neighbourhood
        shops, office premises, shop top housing, transport depot and warehouse and
        distribution centres.

        To ensure the viability of local centres this zone does not permit retail premises.

        Under the draft MLEP 2010 dwelling are only permitted in this zone where the existing
        use provisions of the Act have ceased to apply and the building can offer satisfactory
        residential amenity and the building can be used without the need for significant
        structural alterations.

    Industrial zones

    -    IN1 General Industrial

         This zone provides for a range of industrial and warehousing activities but does not
         allow for hazardous industries, heavy industries or offensive industries. This zone is
         generally equivalent to the General Industrial 4(A) zone under the current MLEP 2001.

         Key land uses permissible under this zone include agricultural produce industries,
         depots, freight transport facilities, industrial retail outlets, industries, intensive plant
         agriculture, light industries, neighbourhood shops, sex services premises, vehicle body
         repair workshops, vehicle repair stations, and warehouse or distribution centres.

         This zone has been applied to most of the existing General Industrial 4(A) zoned land
         under MLEP 2001, with one exception being the St Peters “triangle” area (supported by
         the employment lands precinct categorisation used in the draft South Subregional
         Strategy), and several areas where the existing land uses and desired future character
         are more closely aligned to a light industrial zone - being parts of Mary Street and Edith
         Street, St Peters; and parts of Edinburgh Road and Fitzroy Street, Marrickville. This
         provides for a wide range of employment uses, while dealing better with land use
         conflicts in close proximity to dwellings.

        Under draft MLEP 2010 dwelling houses are only permitted in this zone where the
        existing use provisions of the Act have ceased to apply and the building can offer
        satisfactory residential amenity and the building can be used without the need for
        significant structural alterations.


Explanatory notes for draft Marrickville LEP 2010                                       7
  -      IN2 Light Industrial

         This zone accommodates a wide range of light industrial, warehousing and other
         compatible land uses. This zone is comparable to the Light Industrial 4(B) zone under
         MLEP 2001.

         Key land uses permissible under this zone include business premises, child care
         centres, depots, industrial retail outlets, intensive plant agriculture, light industries,
         neighbourhood shops, office premises, sex services premises, vehicle repair stations,
         and warehouse or distribution centres.

         This zone has generally been applied to the remainder of Light Industrial 4(B) zoned
         land under MLEP 2001. Some existing light industrial zoned lands are proposed to be
         zoned B4, B5 or B6 under the draft MLEP 2010.

         An important difference for this zone is the addition of business and office premises for
         creative industries only. The creative industries cover the arts, technology, production
         and design sectors and are defined in the Marrickville DCP (Part 6).

         Under draft MLEP 2010 dwelling houses are only permitted in this zone where the
         existing use provisions of the Act have ceased to apply and the building can offer
         satisfactory residential amenity and the building can be used without the need for
         significant structural alterations.


      Special Purposes

         Land that had a special uses zone (Special Uses 5A or Special Uses 5B Railway zone)
         under the existing Marrickville LEP 2001 has been rezoned to a range of different zones
         under the draft MLEP 2010. Detailed consultation with the Department of Planning has
         resulted in the majority of these lands being given an adjoining zone in line with
         Departmental policy.

         Council however argued that the retention of land in a Special Purpose zone ensured
         its ongoing retention and use by the community and fulfilled the objects of the
         Environmental Planning and Assessment Act 1979 (the Act) in providing land for public
         purposes and in promoting the social and economic welfare of the community.

         The allocations of existing 5A Special Use zoned lands under the draft MLEP 2010 is
         described, below.

         a. All existing operational schools (and TAFE sites) currently zoned Special Uses 5(A)
            (educational establishment) under MLEP 2001 are to be zoned according to the
            adjoining zone provide they are permissible in that zone and are not potentially
            contaminated. This means that the majority of public schools are now zoned
            residential (low density) and can be redeveloped for any purpose consistent with
            that zone.

         b. Several large school sites were given a Special Purpose zone due to their location,
            size and the clear need to undertake detailed studies to determine the most suitable
            outcome for the land should it need to change. For example, Newington College is
            located on a busy road, under an aircraft flight path and adjoins low density
            residential development. Similarly, Fort Street High School is located on Parramatta
            Road, adjoins both commercial and residential development with a number of
            potential future uses that cannot be determined without the proper studies.

         c. Places of public worship, have been given the zoning applied to adjacent land if
            places of public worship are permissible in that zone. Where the adjacent zone does

Explanatory notes for draft Marrickville LEP 2010                                      8
               not permit the use, or is a large and more complex site, for example, St Brigids
               Church in Marrickville, a Public Recreation RE1 zone has been applied.

        d. Public administration buildings and town halls currently zoned Special Uses 5(A)
           has been given the zoning applied to adjacent land if the use is permissible in that
           zone. For example, the proposed zoning for Petersham Town Hall (currently zoned
           Special Uses 5(A)) is SP2 (Public administration building) as this land use is not
           permissible in the adjoining R2 Low Residential Density zone.

        e. Infrastructure owned by Sydney Water, Energy Australia, Telstra etc. are made
           permissible in a number of zones through the Infrastructure SEPP 2007. However,
           where an infrastructure provider such as Sydney Water or Energy Australia has
           requested an alternative zone contrary to the Department’s Practice Note, and good
           reasons for the departure have been given (such as the need to protect assets that
           will continue to be used for their principle purpose), the request of the land owner
           has been implemented.

         All classified roads, rail corridors, air transport facilities, etc have been zoned Special
         Purpose SP2 Infrastructure.

        All local roads are zoned consistent with the zoning of adjacent land. This has resulted
        in roads being given a residential, commercial, industrial zone etc depending on the
        primary adjoining zone.

  -      SP1 Special Activities

         This zone is for specialised land uses only which are generally not provided for in other
         zones. It should be noted that this zone has no identified permissible land uses, within
         the land use table. Instead, the permissible use is that notated on the draft zoning map.

         This zone has been applied to the cemeteries at St Stephens Church Newtown, and St
         Peters Church in St Peters only.

  -      SP2 Infrastructure

         This zone primarily aims to preserve land for major infrastructure and related land
         uses.

         This zone has no identified permissible land uses, within the land use table. Instead,
         the permissible use is that notated on the draft zoning map and is restricted to that use
         and any ancillary uses. This is a less flexible zone than the existing Special Uses (5A)
         zone under MLEP 2001 which permitted with consent car parks, child care centres,
         community facilities, educational establishments, hospitals, public buildings, public
         purposes and places of public worship.

         The SP2 zones that have been used are: SP2 Public Administration Building, SP2
         Community Facilities, Rail Infrastructure Facilities, Classified Roads, Education
         Facilities, Water Supply, Electricity Supply, Telecommunication Facility etc.

         The uses permitted on land in this zone will be influenced by the definitions found in the
         dictionary to the MLEP 2010. For example,

        community facility means a building or place:
         (a)     owned or controlled by a public authority or non-profit community organisation, and
         (b)  used for the physical, social, cultural or intellectual development or welfare of the
              community,
        but does not include an educational establishment, hospital, retail premises, place of public
        worship or residential accommodation.
Explanatory notes for draft Marrickville LEP 2010                                           9
         In this case, where ever SP2 Community Facilities appears on a map the types of uses
         permitted on that land will need to comply with the definition for a community facility or
         be an ancillary use.

         Other areas where the SP2 zone has been applied include the Addison Road
         Community Centre and St Vincent De Paul community facilities and surrounding lands
         along West Street and Thomas Street in Lewisham.

      Recreation zones

  -      RE1 Public Recreation

         This zone aims at providing land for public open space for recreational and other
         related land uses. This zone is comparable to the existing Open Space 6(A) zone
         under MLEP 2001.

         Key land uses permissible under this zone for draft MLEP 2010 include boat launching
         ramps, boat sheds, car parks, child care centres, community facilities, emergency
         services facilities, food and drink premises, kiosks, markets, public entertainment,
         recreation facilities (indoor), recreation facilities (major), recreation facilities (outdoor),
         and research stations.

         This zone is applied to all existing public open spaces and, in a few instances, to
         unzoned land owned by Council which is currently used and managed as public open
         space.

  -      RE2 Private Recreation

         This zone aims at providing land for private open space for recreational and other
         related land uses. This zone is comparable to the existing Private Open Space 6(B)
         zone under MLEP 2001.

         Key land uses permissible under this zone include animal boarding or training
         establishments, car parks, child care centres, entertainment facilities, kiosks, places of
         public worship, recreation facilities (indoor), recreation facilities (major), recreation
         facilities (outdoor), registered clubs and veterinary hospitals.

         This zone is mainly applied to existing private clubs. Examples of sites where this zone
         has been applied are the Sydney Portugal Community Club in Marrickville, Marrickville
         Anzac Memorial Club in Marrickville, Marrickville Bowling Club in Marrickville and
         private open space (owned and managed by the Catholic Church Trust) in Chelmsford
         Street, Newtown.

         There are a limited number of private clubs in the Marrickville LGA. In view of the
         important community role that they serve, any non-club use of these sites should be
         the subject of a detailed planning process in the form of a rezoning submission. The
         RE2 zoning will require this to take place.

      Waterway zone

  -      W1 Natural Waterways

         This zone aims at protecting the ecological and scenic values of natural waterways.
         There is no comparable zone under MLEP 2001. It is noted that the Cooks River and
         Alexandra Canal are currently unzoned areas.

         Key land uses included in this zone are boat launching ramps, boat sheds,
         environmental facilities, marinas and recreation areas.
Explanatory notes for draft Marrickville LEP 2010                                         10
         The only application of this zone is to the Cooks River. Alexandra Canal is managed by
         Sydney Water and the agency requested an SP2 (Stormwater management facilities)
         zoning for the entire canal. In view of the size of the infrastructure, surrounding land
         uses and contamination issues, the request from Sydney Water was considered
         reasonable.

2.6AA Demolition requires consent

This clause is a model local provision prepared by the Department of Planning, which Council
has chosen to use. The clause makes clear that demolition requires consent (unless it is
identified as exempt development or complying development in the LEP or in another
environmental planning instrument).

In MLEP 2001, “demolition” is defined in the list of definitions, and is identified in the land use
table as something which requires consent in every zone. In the Standard Instrument,
“demolition” is not defined in the dictionary, and so cannot be referenced in the land use table.
Clause 2.6A addresses this issue.

2.6BB Temporary use of land

This clause is a model local provision prepared by the Department of Planning, which Council
has chosen to use. The clause allows for the temporary use of land, with consent. Most
significantly, a temporary use is limited to a maximum period of 104 days within any period of
12 months – which means that Council would have the flexibility to determine for how long a
temporary use could occur.

This clause is similar to the existing MLEP 2001 clause 27 (Temporary uses).

2.6C     Earthworks

This clause is a model local provision prepared by the Department of Planning, which Council
has chosen to use. It makes clear when consent is and is not required for earthworks and
provides matters council must consider when assessing a development application. This
clause replaces the need to make earthworks a permissible use in every land use table.

Part 3 – Exempt and complying development

Council’s current exempt and complying development provisions are in the form of a
Development Control Plan (Development Control Plan No. 36 – Complying and Exempt
Development - DCP 36).

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the
Codes SEPP) was gazetted on 12 December 2008 and commenced on 27 February 2009. An
amendment to the Codes SEPP was released on 5 August 2009 to be commenced on 7
September 2009. The Codes SEPP as amended is known as State Environmental Planning
Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial
Codes) 2009. The Codes SEPP lists a number of development types as exempt development,
and under certain circumstances, it makes new detached single and two storey dwelling
houses (and alterations and additions and ancillary development), complying development.

The Department of Planning Practice Note PN 09 – 001, dated 20 February 2009, provides
detailed guidelines on drafting exempt and complying development provisions for the new LEP.
The Practice Note requires that councils not list in their own exempt and complying
development schedules, those kinds of development which are already provided for by either
the Codes SEPP or State Environmental Planning Policy (Infrastructure) 2007 (the
Infrastructure SEPP).


Explanatory notes for draft Marrickville LEP 2010                                    11
Amended version of the existing exempt and complying development schedules from DCP 36
are, therefore, carried over to Schedule 2 and Schedule 3 of the draft LEP – with the exception
of those kinds of development which are already provided for by the Codes SEPP (as
amended) or the Infrastructure SEPP.

The State Government is committed to increasing exempt and complying development across
a wide range of development types. It is likely that, over the next few years, LEPs will come to
list very few types of development as exempt or complying – as most of this development will
be provided for in SEPPs.

Part 4 - Principal development standards

4.1      Minimum subdivision lot size

There is no minimum subdivision lot size map associated with the draft MLEP 2010. This
means that subdivision applications will be assessed on merit consistent with the current
practice.

Consideration was given to introducing minimum lot sizes for multi dwelling housing and
residential flat buildings as well as larger industrial sites in core industrial areas. The evaluation
concluded that the combination of the merit controls within the new DCP (for matters such as
streetscape, car parking, privacy, overshadowing, landscaped area and site coverage), the
height and FSR controls in MLEP 2010, and State policies such as State Environmental
Planning Policy No. 65 - Design Quality of Residential Flat Development, would act to establish
appropriate minimum lot sizes.

For industrial lots it was found that owing to the wide range of existing lot sizes and industrial
activities, the introduction of a minimum lot size would not clearly achieve any particular
strategic objective, and would have the potential to sterilise some larger sites in the future as
restructuring of industry continues.

4.3      Height of buildings

Where height is controlled, the maximum height that can be built on a property is shown on the
Height of Buildings Map. The Height of Buildings Map uses a letter and colour code that relates
to a height in metre shown in the legend.The height that is set on the Height of Buildings Map
can vary within a given zone to achieve the desired future character for that location, whereas
under MLEP 2001 any height controls are currently based on the zone.

For the definition of building height refer to the dictionary at the end of draft MLEP 2010.
Importantly, building height under draft MLEP 2010 is measured to the topmost point of the
building, which includes roofs, lift overruns, plant and roof access, whereas under MLEP 2001
building height is currently measured to the underside of the ceiling of the topmost floor. This
results in draft MLEP 2010 having a significantly greater height for a given number of storeys
than under MLEP 2001. Part 5, Section 5.1.3.3, Control C14 of the DCP (page 9) provides
controls where the height of buildings is set at 14m or greater, to not allow the top 3m to be
used for dwellings and to limit the height, area and visibility of roof top structures.

Within the Marrickville, Petersham and Dulwich Hill commercial centres the precinct-specific
planning controls in the relevant precinct statement in Part 9 of the new DCP reduces the
maximum height permitted in certain situations in accordance with specific site conditions and
sets building envelope controls.




Explanatory notes for draft Marrickville LEP 2010                                       12
4.4      Floor space ratio

Where floor space ratio (FSR) is controlled, the maximum FSR that can be built on a property
is shown on the Floor Space Ratio Map. The Floor Space Ratio Map uses a letter and colour
code that relates to an FSR shown in the legend. The FSR that is set on the Floor Space Ratio
Map can vary within a given zone to achieve the desired future character for that location,
whereas under MLEP 2001 any FSR controls are currently based on the zone.

FSR is based on the calculation of gross floor area (GFA). For the definition of FSR and GFA
refer to the dictionary at the end of draft MLEP 2010. Importantly, GFA under draft MLEP 2010
is now measured from the internal face of the external walls and excludes common vertical
circulation of stairs and lifts, whereas under MLEP 2001 GFA is currently measured to the
external face of the external walls and only excludes lift shafts. Based on the new definition of
GFA the FSR is required to be set less to be equivalent to the current FSR under Marrickville
LEP 2001. The difference between FSR calculations depends on the building typology. For a
small narrow shop-top typology there can be up to 17 per cent difference whilst for a stand
alone shopping centre, such as the Marrickville Metro, a 5 per cent difference has been
calculated.

4.6      Exceptions to development standards

Clause 4.6 (Exceptions to Development Standards) sets out where an exception to a
development standard (such as height of buildings and floor space ratio) may be requested by
a development proponent. The clause is generally equivalent to the existing State
Environmental Planning Policy No. 1 – Development Standards (SEPP 1). Once MLEP 2010
has been gazetted, SEPP 1 will no longer apply to Marrickville LGA.

Part 5 - Miscellaneous provisions

5.1      Relevant acquisition authority

Clause 5.1 is a standard clause, and refers to the Land Reservation Acquisition Map. The map
identifies land reserved for certain public purposes, and, in each case, the authority that is the
acquisition authority. Council has modified the clause in relation to land reserved for a local
road, a carpark, or drainage.

5.2      Classification and reclassification of public land

Clause 5.2 is a standard clause which describes processes associated with the classification
and reclassification of land.

5.3      Development near zone boundaries

Clause 5.3 is a standard clause and relates to development near zone boundaries. The clause
provides for flexibility in the planning process, by allowing for land to be used not only for the
uses permissible in the zone that applies to the land, but also for a purpose within an adjoining
zone. The clause applies to land that is within a particular distance of a boundary between two
zones – and Council has nominated that distance as 25 metres.

5.4      Controls relating to miscellaneous permissible uses

Clause 5.4 is a mandatory clause which contains controls relating to miscellaneous permissible
uses. Council has been able to set (within limits set by the Standard Instrument) the numerical
controls contained within the various parts of this clause, as follows.




Explanatory notes for draft Marrickville LEP 2010                                    13
  -      5.4(1) Bed and Breakfast accommodation

         This subclause limits bed and breakfast accommodation to a maximum number of
         three guest bedrooms. (The number to be inserted was required to be not less than
         three.)

  -      5.4(2) Home businesses

         This subclause limits a home business to no more than 50 square metres in gross floor
         area. (The number to be inserted was required to be not less than 30.)

  -      5.4(3) Home industries

         This subclause limits a home industry to no more than 30 square metres in gross floor
         area. (The number to be inserted was required to be not less than 30.)

  -      5.4(4) Industrial retail outlets

         Clause 40 (Offices, showrooms and shops in industrial zones) of MLEP 2001 currently
         allows a quantum of development for the purpose of offices, showrooms or shops to be
         carried out in the General Industrial 4(A) and Light Industrial 4(B) zones. In the case of
         offices or showrooms, they must be ancillary to a permissible use, and not comprise
         more than 25 per cent of the gross floor area devoted to that use. In the case of shops,
         they must be ancillary to an industrial or warehouse use, and not have a gross floor
         area greater than 100 square metres.

         Draft MLEP 2010 introduces the definition, “industrial retail outlet”, which means:

               a building or place that:

               (a) is used in conjunction with an industry (including a light industry) but not in
                   conjunction with a warehouse or distribution centre, and
               (b) is situated on the land on which the industry is carried out, and
               (c) is used for the display or sale (whether by retail or wholesale) of only those
                   goods that have been manufactured on the land on which the industry is
                   carried out.

         The new definition means that only those kinds of retail activities which operate in
         conjunction with an industry, (but not in conjunction with a warehouse or distribution
         centre) can be carried out.

         Draft MLEP 2010 makes “industrial retail outlets” permissible in the IN1 General
         Industrial and IN2 Light Industrial zones.

         Clause 5.4(4) of the draft MLEP 2010 makes provision for development controls related
         to industrial retail outlets. Draft MLEP 2010 prescribes that industrial retail outlets must
         not exceed: 10 per cent of the combined gross floor area of the industrial retail outlet
         and the building or place on which the associated industry is carried out; or 400 square
         metres – whichever is the lesser. (The numbers to be inserted were required to be not
         more than 40% and not less than 400 square metres, respectively.)

  -      5.4(5) Farm stay accommodation

         Farm stay accommodation is, strictly speaking, permissible in the B2 Local Centre
         zone – by virtue of the group term, “tourist and visitor accommodation” being a
         mandatory permissible use. However, given that farm stay accommodation is
         something which occurs on a working farm, subclause 5.4(5) is essentially redundant.
         (The number to be inserted was required to be not less than 3 bedrooms.)

Explanatory notes for draft Marrickville LEP 2010                                      14
  -      5.4(6) Kiosks

         This subclause limits kiosks (as opposed to other defined retail uses, such as shops) to
         no more than 30 square metres gross floor area. (The number to be inserted was
         required to be not less than 10.)

  -      5.4(7) Neighbourhood shops

         This subclause limits neighbourhood shops (as opposed to other defined retail uses) to
         no more than 100 square metres gross floor area. (The number to be inserted was
         required to be not less than 80 square metres.)

  -      5.4(8) Roadside stalls

         Roadside stalls are permissible in the B2 Local Centre and B4 Mixed Use zones – by
         virtue of the group term, “retail premises” being a mandatory permissible use. This
         subclause limits roadside stalls to no more than eight square metres gross floor area.
         (The number to be inserted was required to be not less than eight square metres.)

  -     5.4(9) Secondary Dwellings

        The draft Plan proposes to make secondary dwellings permissible in all four residential
        zones (R1, R2, R3 and R4). This subclause limits the size of secondary dwellings to 60
        square metres, or 20% of the total gross flor area of both the secondary dwelling and
        the principal dwelling – whichever is the greater. (The size limit of 60 square metres is
        set in place by the Standard Instrument. In regards to the second, percentage figure,
        Council is able to set a figure which it considers appropriate.)

        Additional provisions will be included in the new DCP that act to encourage secondary
        dwellings in locations in close proximity to rail stations. Additional development controls
        will also be required in the new DCP to control design aspects of secondary dwellings in
        order to prevent unsatisfactory impacts on surrounding dwellings.

5.5      Development within the coastal zone

This is an optional clause which has not been used, as no land within the Marrickville LGA is
within the “coastal zone” (as defined in relevant legislation).

5.6      Architectural roof features

This is an optional clause, which Council has chosen to use. The objectives of the clause have
been written by Council and permit architectural roof features to exceed the height of buildings
control that applies to the land.

5.7      Development below mean high water mark

This is a compulsory clause in cases where land to which the plan applies, contains tidal
waters. The Cooks River and the Alexandra Canal are tidal waters, so this clause has been
used. This clause requires development consent for any development on land below the mean
high water mark of any body of water subject to tidal influences.

5.8      Conversion of fire alarms

This is a compulsory clause, and provides for the conversion of a fire alarm system from the
alarm monitoring system of one provider, to the monitoring alarm system of another provider,
under certain circumstances without consent.



Explanatory notes for draft Marrickville LEP 2010                                    15
5.9       Preservation of trees or vegetation

This is an optional clause, which Council has chosen to use. This clause applies to trees and
other vegetation that will be prescribed, for the purpose of this clause, in the new DCP. The
clause establishes that pruning or removal of prescribed trees and vegetation can only be
approved by way of development consent, or a permit granted by Council. It is noted that
Schedule 2 (Exempt development) of the draft Plan identifies particular tree works (including
removal and pruning) which can occur as exempt development.

5.10      Heritage provisions

This is a compulsory clause relating to Heritage Conservation. The clause contains the
following provisions relating to Heritage Items (including Items of State significance), Heritage
Conservation Areas, Archaeological Sites and Places of Aboriginal heritage significance:

          Objectives
          Requirement for consent
          When consent is not required
          Effect on heritage significance
          Heritage impact Assessment
          Heritage conservation management plans
          Archaeological sites
          Places of Aboriginal heritage significance
          Demolition of items of State significance
          Conservation incentives

The Heritage Map is one of several draft MLEP 2010 maps and contains new Heritage
Conservation Areas and additional Heritage Items, as well as existing Heritage Conservation
Areas and Heritage Items.

  -       Heritage items

Provisions contained within clause 5.10 relating to Heritage Items establish the following
provisions:

         establishing when consent is and is not required for Heritage Items;
         ensuring the consent authority considers the effect of a proposed development on the
         heritage significance of the Heritage Item concerned;
         permitting the consent authority to request the development of a heritage impact
         statement or heritage conservation management plan before granting consent; and
         establishing that the consent authority must refer any application for the demolition of a
         Heritage Item of State significance or a property where an interim heritage order under
         the Heritage Act 1977 applies, to the Heritage Council and take their response into
         consideration.

Clause 5.10 also contains a conservation incentive provision which allows the consent
authority to grant consent for any purpose even if development for that purpose would
otherwise not be permitted by the MLEP 2010, if the consent authority is satisfied regarding
certain considerations, including that the conservation of the Heritage Item will be facilitated
through the granting of consent.

  -       Heritage conservation areas

      Many of the provisions within clause 5.10 applying to Heritage Items also apply to Heritage
      Conservation Areas.

      Provisions contained within clause 5.10 relating to Heritage Items establish the following
      provisions:

Explanatory notes for draft Marrickville LEP 2010                                     16
         establishing when consent is and is not required for a building, work, relic or tree within
         a Heritage Conservation Area;
         ensuring the consent authority considers the effect of the proposed development on the
         heritage significance of the heritage conservation area concerned; and
         permitting the consent authority to request the submission of a heritage impact
         statement before granting consent.

  -       5.10 (7)    Archaeological sites

      Clause 5.10 (7) contains provisions relating to the management and conservation of
      archaeological sites. The Heritage Schedule contained within draft MLEP 2010 does not
      include any archaeological sites.

  -       5.10 (8)    Places of Aboriginal heritage significance

      Council officers have reviewed the findings and recommendations of the Australian
      Museum Business Services Aboriginal Site Survey of the Cooks River, Marrickville,
      prepared in 2001, for possible inclusion in MLEP 2010. Council officers have consulted with
      the Marrickville Aboriginal Consultative Committee (MACC) regarding Aboriginal heritage
      and the requirements of the Standard Instrument. The MACC has advised that their
      preferred approach is for the recommendations from the Australian Museum study to be
      dealt with through an internal management process only and not be included within draft
      MLEP 2010 or the new DCP.

      Council has added additional text relating to Aboriginal heritage as a note as follows:

      Aboriginal heritage in New South Wales is protected by the National Parks and Wildlife Act
      1974 and the Environmental Planning and Assessment Act 1979 and further approvals may
      be required under these Acts.

      This text was developed in consultation with the NSW Department of Planning (Heritage
      Branch). It seeks to provide additional guidance to property owners regarding requirements
      relating to Aboriginal heritage aside from those contained within draft MLEP 2010. This is
      considered to be particularly relevant due to the policy decision made by the MACC to not
      include Aboriginal Heritage Items or Places of Aboriginal Heritage Significance within draft
      MLEP 2010 or the new DCP.

5.11       Bush fire hazard reduction

This is a compulsory clause, which allows bush fire hazard reduction work to be carried out
without consent.

5.12      Infrastructure development and use of existing buildings of the Crown

This is a compulsory clause, which indicates that MLEP 2010 is not able to restrict or prohibit:
development that is permitted without consent under State Environmental Planning Policy
(Infrastructure) 2007; or the use of existing buildings of the Crown by the Crown.

Part 6 – Local provisions

Part 6 contains “local provisions”. These are provisions which Council has chosen to add to the
LEP.

6.1       Biodiversity

Clause 6.1 relates to terrestrial biodiversity. It replaces the existing MLEP 2001 clause 60
(Landscaping and biodiversity). The land to which the clause applies is identified on the draft
MLEP 2010 Natural Resource – Biodiversity map and includes the habitat of the long nosed
bandicoots.
Explanatory notes for draft Marrickville LEP 2010                                      17
6.2      Acid sulfate soils

The content of Council’s current Acid Sulfate Soils Map has been updated in Clause 6.2 to
introduce land classifications in accordance with current best practice. Specifically, draft MLEP
Acid Sulfate Soils Map shows five land classes (instead of the existing one class), with Class 1
having the highest probability of containing potential acid sulfate soils. It is noted that
complying development under State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 (including complying development under the Housing Code) cannot
be carried out on land identified as Class 1 or Class 2 on an Acid Sulfate Soils Map.

6.3      Development on flood prone land

Clause 29 (Flood prone land) of MLEP 2001 contains controls relating to flood prone land, and
refers to an associated map. Council’s current Flood Affected Properties Map identifies an area
which corresponds with the Cooks River 1 in 100 year flood area (the Cooks River Flood
Zone); and also identifies Local Drainage Flood Affected Properties.

Clause 6.3 (Development on flood prone land) of the draft MLEP 2010 contains controls for
flood affected land. The associated Flood Planning Area Map identifies three areas:

        Flood planning area (Cooks River) – which corresponds with the Cooks River Flood
        Zone on the existing Flood Affected Properties Map.
        Flood planning area (local overland flooding) – which corresponds with the Local
        Drainage Flood Affected Properties area on the existing Flood Affected Properties Map.
        Flood prone land – which is not shown on the existing Flood Affected Properties Map.
        This area shows the probable maximum flood area. In the case of the Cooks
        River, this area extends beyond the flood planning area, but in the case of Local
        overland flooding, this area corresponds with the flood planning area.

Clause 6.4 of the draft LEP includes controls for all development within the flood planning area,
and controls for Sensitive Land Use Development within the flood prone land area. Sensitive
Land Uses are identified in the draft DCP.

6.4      Development within areas affected by aircraft noise

Clause 6.4 has been bought across from the existing Marrickville LEP 2001. It will continue to
operate in the same way, by requiring certain development, where the ANEF exceeds 20, to
address Australian Standard AS 2021-2000, Acoustics-Aircraft noise intrusion-Building siting
and construction.

Where development (as specified) is within areas affected by ANEF 20 or more, Council places
the following conditions on development consent:

        Before the issue of a construction certificate – Council requires certification by a
        suitably qualified acoustical engineer that the proposed noise attenuation measures
        satisfy the requirements of Australian Standard 2021-2000.
        Before occupation of the building – Council requires a report being prepared and
        submitted to Council’s satisfaction by an accredited Acoustics Consultant certifying that
        the final construction meets AS2021-2000 as set down in the consent.

6.5      Airspace operation

This is a model provision provided by the Department of Planning (DoP) and included in the
draft MLEP 2010. Its purpose is to limit the height of buildings so they do not compromise the
operation of the Kingsford Smith Airport.



Explanatory notes for draft Marrickville LEP 2010                                   18
6.6      Foreshore building line

Clause 6.6 relates to foreshore building lines affecting properties along the Alexandra Canal
and Cooks River. The foreshore building line has been set approximately 20m from the mean
high water mark except where topography, aesthetic qualities of the area, or environmental
attributes require careful management – in which case the foreshore building line may have
been increased (such as in the case of certain properties in Thornley Street, Marrickville). In
other cases, the foreshore building line has been reduced (such as in the case of industrial
properties adjacent to Alexandra Canal, at 1 to 23 Burrows Road South (consistent with the
existing 10 metre setback requirement under MLEP 2001).

6.7      Development on the foreshore must ensure access
The DoP have issued this model local provision and requested its use in conjunction with
Clause 6.6 as it is relevant to land adjacent to Alexandra Canal and the Cooks River. This
clause sets out the matters development must consider in relation to public access, character
and environmental management.

6.8      Sex services premises

Clause 6.8 replaces clause 44 (Premises used for prostitution) in MLEP 2001.

MLEP 2001 allows brothels in zones General Business 3(A) (only above street level, except for
access), General Industrial 4(A) and Light Industrial 4(B).

Draft MLEP 2010 allows sex services premises (which are generally equivalent to MLEP 2001
brothels) in the B6 Enterprise Corridor zone, IN1 General Industrial zone and IN2 Light
Industrial zone. The B6 Enterprise Corridor zone applies to part of the land that is currently
zoned Light Industrial 4(B), including properties fronting the Princes Highway and Parramatta
Road.

Draft MLEP 2010 therefore allows sex services premises upon land which constitutes much
(but not all) of the existing MLEP 2001 General Industrial 4(A) and Light Industrial 4(B) zones –
but not on land which is currently zoned General Business 3(A). This will have the effect of
prohibiting sex services premises from the town centre shopping strips.

Clause 6.8 of the draft LEP introduces a provision requiring that a sex services premise not be
located within 200 metres of another sex services premise - so as to prevent clustering. This
extends the current 75 metre radius control contained in Marrickville Development Control Plan
No. 37 – Brothels and Other Sex Services Premises.

Additionally, MLEP 2001 currently allows home occupations which involve prostitution, in
dwelling houses. The draft LEP proposes to make such uses prohibited.


6.9      Conversion of industrial buildings and warehouse buildings to residential flat
         buildings, multi dwelling housing and office premises

Clause 6.16 (Conversion of industrial buildings to residential flat buildings) of the draft LEP is
similar to Clause 32 (Conversion of industrial buildings to residential flat buildings) of MLEP
2001.

As is the case with existing clause 32, clause 6.9 of the draft MLEP 2010 allows buildings in
residential zones (including residential zones in which residential flat buildings would not
normally be permissible) that were designed and constructed for an industrial or warehouse
purpose, to be converted into a residential flat building – without needing to comply with the
development controls that usually apply to residential flat buildings, such as those relating to
height, floor space ratio and the provision of open space.


Explanatory notes for draft Marrickville LEP 2010                                    19
Unlike the existing clause 32, clause 6.9 also allows such buildings to be converted into office
premises and certain other residential uses, for example multi dwelling housing. These uses
have been introduced into the land use table in accordance with Departmental requirements.

This clause is based on the principle that there can be benefits in adaptively reusing existing
industrial and warehouse buildings – such as helping to maintain the existing character of an
area, and making continued use of the embodied energy in existing structures.

6.10     Use of existing non-residential buildings in residential zones

This clause is similar to the existing MLEP 2001 clause 38 (use of existing commercial
buildings in residential zones). This clause allows for the use of a purpose built shop, located
within one of the residential zones under the draft LEP, for a range of office premises and retail
premises (other than restricted premises or pubs) which would otherwise be prohibited in
residential zones.

The Marrickville DCP 2010 limits the maximum gross floor area of such development to 100
square metres.

6.11     Use of existing dwelling houses in business zone and industrial zones

The purpose of this clause is to allow for the residential use of purpose built dwelling houses
(which have lost their existing use rights) in business and industrial zones under the draft
MLEP 2010. While the reinstatement of such a use is contrary to the over-riding objectives of a
business or industrial zone, it is considered appropriate to prevent situations where a dwelling
cannot be used for residential purposes – particularly when there is no demand for an industrial
use of the land.

The clause indicates that such a change of use may only occur if the consent authority is
satisfied that the building offers satisfactory residential amenity, and that it can be used as a
dwelling house without the need for significant structural alterations.

6.12     Certain office and business uses in Zone IN2

This clause makes permissible, in the IN2 Light Industrial zone, certain creative industries
which take the form of business premises or office premises in the arts, technology, production
and design sectors.

The creative industries provided for include:

        audio-visual, media and digital media,
        advertising,
        craft, visual arts and Indigenous arts,
        design,
        film and television,
        music,
        publishing,
        performing arts, and
        cultural heritage institutions.

The draft DCP details the controls for creative uses and sets a maximum gross floor area of no
more than 300 square metres.

6.13 Residential uses in Zone B7 Business Park

This clause aims to assist in the revitalisation of specific light industrial areas by encouraging
residential development in conjunction with ground floor employment generating uses. Its
purpose is to facilitate small scale live/work opportunities and has been carefully applied to

Explanatory notes for draft Marrickville LEP 2010                                    20
select locations where the activities are either existing or would be compatible and desirable in
the future. In each instance, these areas are proposed to be zoned B7 Business Park.

A restriction on the separate subdivision of the employment and residential components has
been introduced and is to ensure genuine live/work opportunities are fostered and large
residential development above ground floor permissible uses (similar to shop top housing) are
not permitted.

Schedule 1 Additional permitted uses

Schedule 1 (Additional permitted uses) of the draft LEP is equivalent to the existing Schedule 2
(Additional uses development and site specific development controls) of MLEP 2001.

Some of the existing MLEP 2001 Schedule 2 listings have been carried-over into the draft LEP
Schedule 1; some have been made redundant as a result of a new zoning providing for the use
allowed by Schedule 2; some have been made redundant as a result of sites with specific
controls having been developed; and some of the additional uses provided for by the existing
Schedule 2 were no longer considered appropriate for specified sites. In some cases, specific
height or floor space ratio controls contained in the existing Schedule 2 have been provided for
by the new Height of Buildings Map and the new Floor Space Ratio Map.

Additionally, the new Schedule 1 in the draft LEP contains new listings for particular sites.
Some of these relate to the zoning of particular land having been changed, and a desire to
keep permissible a specific, existing use that is not permissible in that new zone. In other
instances, the new Schedule 1 has been used to make permissible, for particular sites, a range
of land uses not easily provided for within any of the new zones.

In some instances, the new Schedule 1 in the draft LEP refers to the Key Sites Map to identify
sites for which Schedule 1 makes additional uses permissible. For example, a number of sites
adjacent to the Princes Highway are identified (because of their site area and location) as land
on which bulky goods premises are permissible – despite this land use not generally being
permissible under the B6 Enterprise Corridor zoning which applies to the land.

In general, the Department of Planning required the removal of items that could rely on existing
use rights from this Schedule.

Schedule 2 Exempt development

Schedule 2 of the draft LEP identifies exempt development, as described previously in this
document.

The list of development is substantially smaller than MLEP 2001 as the Housing Codes SEPP
has taken on this role.

Schedule 3 Complying development

Schedule 3 of the draft LEP identifies complying development, as described previously in this
document.

The list of complying development is smaller than MLEP 2001 as the Housing Codes SEPP
has taken on this role.

Schedule 4 Classification and reclassification of public land

Schedule 4 of the draft LEP identifies public land which is to be classified or reclassified as part
of the LEP. The draft MLEP 2010 does not classify or reclassify any land.



Explanatory notes for draft Marrickville LEP 2010                                     21
Schedule 5 Environmental heritage

Schedule 5 of the draft LEP identifies heritage items and heritage conservation areas. There
are no existing, or currently proposed, archaeological sites. The Aboriginal Heritage Item
identified in MLEP 2001 has been removed from the draft MLEP 2010 at the request of the
Marrickville Aboriginal Consultative Committee and planning best practice.

Schedule 5 contains existing Heritage Items from MLEP 2001, as well as an additional 109
proposed Heritage Items.

The two existing Heritage Conservation Areas from MLEP 2001 are shown in Schedule 5 as
HCA 1 and HCA 2. Additional proposed Heritage Conservation Areas are named and
numbered from HCA 3 to HCA 35. All existing and proposed Heritage Items and Heritage
Conservation Areas are shown on the associated LEP Heritage Map.

Dictionary

The dictionary contains the Standard Instrument definitions and should be referred to
understand what is or is not permissible in an area.




Explanatory notes for draft Marrickville LEP 2010                              22

								
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