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
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 ‘ |
Amend Land Zoning Map to
define ‘ |
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 |
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 |
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|
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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
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.
|
The property description of
The Heritage map and Schedule 5
correctly lists the above property as
a heritage item. Schedule 5 assigns
the correct street number of It is acknowledged that |
Amend property description
to Lot 1 DP 84998 |
The amendment corrects a
misdescription of a parcel of land |
7.
|
This property is
incorrectly listed as a heritage item – ‘ However, the heritage item is
actually located at the rear of the property at |
Amend the description of
the heritage item to: |
The amendment corrects a
misdescription for a heritage item contained in the written instrument and
the map. |
|
The property description of
lot 1, DP8078 and 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 Lots 101 and 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) (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 |
10. Floor space ratio map Riverbank site within block
bounded by Church, Philip and Smith Streets and (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 |
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 |
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 |
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. |
(See Attachment 3, sheets 5&7) |
The parcel known as No. 22A |
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. |
|
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. |