Item 9.1 - Attachment 1

Potential proposed amendments to Parramatta City Centre LEP 2007

ATTACHMENT 1

Potential Proposed Amendments under Section 73A of the Environmental Planning and Assessment Act 1979 to Parramatta City Centre Local Environmental Plan 2007

Subject	Why there is a problem	What needs to be done to rectify the problem	Why an amendment is suitable to be made in accordance with Section 73A
1. Clause 22B Design Excellence	Clause 22B has an unintended effect due to the wording of clause 22 B (6). Clause 22B applies to (all) development involving the construction of a new building or external alterations to an existing building. As such, the construction of clause 22B (6) requires that any variation to height and FSR only be allowed when a design competition is conducted and then only with the concurrence of the Director-General of the DoP. In addition, small sites that may seek a variation of FSR which equate to a relatively small increase in floor space and which may exceed the 10% maximum permissible FSR, are restricted from applying for a variation to the 10% under this clause.	Amend clause 22 (6) to clarify that this subclause applies to developments which have been subject to an architectural design competition as referred to in clause 22 (4) rather than applying to all development involving the construction of a new building or external building alteration.	An amendment corrects an error relating to the construction of clause 22B (6), which gives an unintended application of this sub-clause. This relates to a matter of a “consequential” or “machinery” referred to in Planning Circular PS 06 -- 014.
2. Clause 22H Civic Place (See Attachment 3, sheet 6)	Clause 22H (2) states that this clause applies to land shown edged heavy black and marked ‘Civic Place’ on the Land Zoning Map. Civic Place is not marked as such on this map.	Amend Land Zoning Map to define ‘Civic Place’.	The amendment corrects a misdescription of a minor discrepancy between the map and written instrument.
3. Schedule 2 Exempt development	Outdoor dining was omitted as exempt development in the gazetted LEP. In the exhibited LEP outdoor dining was included as exempt development as follows: Clause 11 Outdoor dining Outdoor dining on footpaths, roads and public plazas ancillary to food and drink premises and that complies with the Outdoor Dining Policy of the Council. It should be noted, that no submissions were received to the exhibited plan regarding the provision for outdoor dining as exempt development. Neither did Council seek the removal of this exemption at its special meeting on 11 July 2007 recommending changes to the city centre LEP.	Include outdoor dining as exempt development, as provided for in the exhibited LEP	The omission of outdoor dining as exempt development is considered a formatting error, of minor significance and it will have no material effect ‘on- the- ground’. As the provision was included in the exhibited LEP there is no need for re-exhibition.
Schedule 5, Heritage Listings
4.	Heritage items are not numbered in Schedule 5, Heritage listings, despite a previous request to the Department of Planning and as required by the standard template provisions. However, heritage items are numbered on the Heritage map.	Number heritage items in Schedule 5 to correspond to numbering shown on planning map	The amendment corrects a misdescription of a minor discrepancy between the map and the written instrument.
5. Parramatta River Wetlands, Schedule 5	Parramatta River Wetlands not included as a heritage item in the schedule, despite a previous request to the Department of Planning. The item is shown on the Heritage map as item 134. Note: the item was listed in Parramatta Regional Environmental Plan No 28 -- Parramatta as ‘Parramatta River (Camelia, Rydalmere) Wetlands’ and also shown on the planning map for this plan.	Include Parramatta River Wetlands in schedule of heritage items (as item 134)	The amendment corrects a misdescription of a minor discrepancy between the map and the written instrument.
6. 298/300 Church St, Schedule 5	The property description of Lot 1, DP 211499 is incorrect. The Heritage map and Schedule 5 correctly lists the above property as a heritage item. Schedule 5 assigns the correct street number of 300 Church St to the property, but the wrong property description of Lot 1, DP 211499. The heritage inventory form refers to 300 Church St, also known as Cash Converters, and includes a photo of the Cash Converters property. It is acknowledged that Lot 1, DP 211499 incorrectly refers to the adjoining block to the north at 302 Church Street, which is not heritage listed, being neither included on Schedule 5 or the Heritage map (and neither being the subject of a heritage inventory form) .	Amend property description to Lot 1 DP 84998	The amendment corrects a misdescription of a parcel of land
7. 2 Palmer Street, Schedule 5	This property is incorrectly listed as a heritage item – ‘ 2 Palmer Street, Studio Theatre and potential archaeological site, Lot 1, DP 609963, of State significance’. The Heritage map also shows 2 Palmer Street as being heritage listed, as item 54. However, the heritage item is actually located at the rear of the property at 356 Church St. The building at 2 Palmer Street was constructed in 1979/80 and has no heritage significance.	Amend the description of the heritage item to: 356 Church St, Studio Theatre and potential archaeological site, Lot B, DP 154618, State significance’. Remove the listing of 2 Palmer St from the Heritage map.	The amendment corrects a misdescription for a heritage item contained in the written instrument and the map.
8. 1 Barrack Lane (rear of 100 Macquarie St) convict barracks wall and cottages	The property description of lot 1, DP8078 and Lot 1, DP 80784 is incorrect. Arising from property development the site has been subdivided and a new building erected on the northern part of the site.	Amend the description of the heritage items to: 1 and 3 Barrack Lane (rear of 100 Macquarie St), Cottages, Lots 101 and 102, DP 1110883 3 Barrack Lane (rear of 100 Macquarie St), Convict barracks wall, Lot 102, DP 1110883.	The amendment corrects misdescriptions for heritage items contained in the written instrument.
9. Floor space ratio map (also height of buildings map) 36 Charles Street, The Port Bar (See Attachment 3, sheets 1&4)	The property is included in the B4 Mixed Use Zone. The Floor space ratio map shows a maximum floor space ratio requirement of 0: 1 for this property and there is no height limit shown on the height map. These are map errors.	Provide the site with a maximum height limit of 36 m and a floor space ratio requirement of 4: 1; the same as for the B4 Mixed use Zone that the property is located in.	The amendment corrects a misdescription relating to the maximum height limit and floor space ratio requirements for 36 Charles Street.
10. Floor space ratio map Riverbank site within block bounded by Church, Philip and Smith Streets and Parramatta River. (See Attachment 3, sheet 2)	The floor space ratio map shows a floor space ratio of 0:1 over land adjoining David Frater Reserve and the Parramatta River foreshore and also the corner site at Phillip and Smith Streets. In the Land use zoning and Height of buildings maps the land is respectively zoned B4 Mixed Use with a height limit of 80 m.	A floor space ratio of 6: 1 to be provided for subject land.	The amendment corrects a misdescription of a minor discrepancy between the Floor space ratio map and the Height of building and Land zoning maps.
11. Floor space ratio map (See Attachment 3, sheet 3)	It is noted that land included in the RE1 and RE2 Recreation Zones have a floor space ratio of 0:1. The clause appears to mean, contrary to what is intended, that there can be no development of this land without seeking an exception and the DGs concurrence. Note: land within these zones is also not provided with a height limit in the city centre LEP. In Parramatta Regional Environmental Plan No 28 -- Parramatta land within recreation zones is also not provided a floor space ratio or height limits.	Remove legend for floor space ratio of 0:1 and also blue colouring overlay for this land from the Floor space ratio map.	The amendment corrects a formatting error in that it was never intended that there should be absolutely no development of land zoned for recreation purposes without seeking an exception and the DG's concurrence.
12. Height of buildings map Map legend- Land outlined in blue	The map legend with blue outline refers to the table in clause 21A. This clause is not relevant and relates to architectural roof features. The correct reference is clause 29E Sun Access	Amend legend to refer to Clause 29 E Sun Access	The amendment corrects a misdescription of a minor discrepancy between the map and written instrument.
14. Land Reservation Acquisition Map (See Attachment 3, sheets 5&7)	The parcel known as No. 22A Charles Street, Parramatta (Lot 12 DP 116292) and situated on the corner with George Street is identified as Local Road on the Land Requisition Acquisition Map and is also identified as B4 Mixed Use on the zoning map. However, 22A Charles Street is already owned by Council and can be deleted from the Land Reservations Acquisition Map. In addition, the property should be unzoned in accordance with the approach adopted for all other roads in the city centre LEP.	Delete parcel from the Land Reservations Acquisition Map and show as unzoned on the Land Zoning Map.	The amendment corrects a misdescription as to the status of the property contained in the Land Reservations Acquisition and the Land Zoning Maps.
15. Land Zoning Map	The map legend includes a reference to the RU1Primary Production and RU2 Rural Landscape Zones. These zones do not apply to any land within the city centre LEP and no reference is made to them in the written instrument.	Delete reference to the RU1Primary Production and RU2 Rural Landscape Zones in the legend for the Land Zoning Map.	The amendment corrects a misdescription in the legend for the Land Zoning Map.