Item 10.1 - Attachment 5

Local Provisions in Draft Parramatta Local Environment Plan 2008

 

Local provisions in Draft Parramatta Local Environmental Plan 2008

 

Title of clause

Clause detail

Purpose/intent

6.1 Special provisions applying to dual occupancy development

(1)        Despite any other provisions of this plan, development consent must not be granted for the purposes of dual occupancy development on land shown on the dual occupancy prohibited map.  

 

(2)        Detached dual occupancy development will only be permitted in relation to the following:

 

(a)         buildings identified as heritage items within Schedule 5 of this Plan

(b)         areas identified as heritage conservation areas within Schedule  5 of this Plan

(c)                     sites with 2 street frontages, where each proposed dwelling has a frontage to a street.

 

(3)        A dual occupancy shall not be erected in any residential zone on land which has an area of less than 600 square metres.

 

(4)        Notwithstanding the provisions of sub-clause (3), a dual occupancy may be erected, with development consent, on a parcel of land shown on the Minimum Lot Size for Dual Occupancy Map, which has a minimum lot size of 500 square metres.

 

 

Parramatta City Council has prepared a Residential Development Strategy (RDS) to respond to future growth. To manage new residential development, the strategy adopted a ‘concentrated growth’ model that supports the principles of the Metropolitan Strategy. This means more intense housing development will occur in areas or ‘centres’ which can best support such growth (ie; R3 and R4 zones) while areas outside these areas will retain lower density housing (mainly single dwellings and dual occupancy housing in the R2 zone).

 

However, there are specific areas where Council would like to maintain a single dwelling character without permitting dual occupancies. Council’s existing LEP prohibits dual occupancies in order to preserve the historic subdivision pattern which gives rise to the special character area of Winston Hills and also to protect the heritage and character of existing single dwelling make up of parts of Epping/Eastwood.

 

Clause 36(1) of the current Parramatta Local Environmental Plan 2001 prohibits dual occupancies in these two areas and it is proposed that these provisions be retained in the draft Parramatta LEP.

 

Council for most of its LGA allows single dwelling and dual occupancy housing in its R2 zone.  The standard instrument LEP however, does allow another residential zone which allows detached dwellings and not dual occupancy. As a consequence, Council is proposing this local clause to overcome the template limitations.

 

 

 

6.2Sex Service

premises

(1)      Regardless of any other provision of this plan, premises shall only be erected or used for the purpose of a sex services premises where they are located:

(a)        further than 200 metres (measured from the boundary of the allotment upon which the premises are proposed) of residences or of any land zoned residential, and

(b)        further than 200 metres (measured from the boundary of the allotment upon which the premises are proposed) of any place of public worship, hospital, school, child care centre, community facility or recreation area, and

(c)        further than 50 metres (measured from the boundary of the allotment upon which the premises are proposed) of a public utility undertaking, being a railway station entrance, bus stop, taxi rank, ferry terminal or the like, and

(d)        subject to subclauses (a) – (c), in the areas shown on the Sex Services Premises Map.

 

(2)      In determining an application to carry out development for the purpose of sex services premises, the consent authority must consider the following matters:

(a)        whether the operation of the sex services premises will be likely to cause a disturbance in the neighbourhood because of its size, location, hours of operation, clients or the number of employees and other people working in it,

(b)        whether the operation of the sex services premises will be likely to interfere with the amenity of the neighbourhood,

(c)        whether the operation of the sex services premises will be likely to cause a disturbance in the neighbourhood when taking into account other sex services premises operating in the neighbourhood involving similar hours of operation.

(3)      Development consent must not be granted to development for the purposes of sex services premises in a building that contains a dwelling if all or part of the access to the sex services premises is shared with the dwelling.

(4)      In deciding whether to grant consent for the purpose of sex service premises, the consent authority must also take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.

Clause 6.2 of Draft PLEP 2008 is based on sex services premises provisions of Parramatta LEP 2001 (Amendment No.13). The clause seeks to establish a separation distance between sex services premises and residential areas or other sensitive uses and to apply merit based criteria to ensure amenity objectives are met.  Areas where sex services are permitted are mapped in the draft LEP. The clause is necessary to reflect Council’s policy position.

 

 

 

6.3 Child Care Centres in R2 zones

 

(1) Regardless of any other provision of this plan, premises shall not be erected or used for the purpose of a child care centre in the R2 Low Density Residential zone unless they are located:

 

(a)   within 50 metres of a school; or

(b)   within 50 metres of land zoned B1, B2, B3 or B4; or

(c)   within 300 metres of a railway station.

 

 

 

This clause is about locating child care centres in proximity of other activities such as schools or retail/business centres and public transport so as to maximise opportunities for combined purpose traffic movements. It also maximises opportunities for public transport use and ensures child care centres are found in busier locations thus protecting the amenity impacts on quieter residential areas.

 

Distances are specified in the clause as Council wants to be very specific and transparent in the application of this clause and not have a clause which use vague terms such as “near”.

 

 

 

6.4 Demolition

The demolition of a building or work may be carried out only with consent.

 

Note: The demolition of a building or work may be identified in this Plan as exempt or complying development.

 

This clause is required to clarify the requirement for development consent for demolition, in the absence of a definition of this form of development in the land use table under the template. The clause used is a model clause already settled by Parliamentary Counsel.

 

 

 

6.5 Restricted premises

(1) The objective of this clause is to ensure that restricted premises are not visually prominent from public places or other locations regularly frequented by children.

(2) Development consent must not be granted for development for the purpose of restricted premises if the premises would be located on land that adjoins land, or is separated only by a road from land:

 

(a)    within Zone R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential or Zone RE1 Public Recreation, or

(b)    that is used for community, school (including pre-school and child care centres), church or children’s sporting or recreational activities.

 

 (3)       Development consent may be granted to the carrying out of development for the purpose of restricted premises only if the consent authority is satisfied that:

 

(a)    no part of the restricted premises, other than an access corridor, will be located within 1.5m (measured vertically) from any adjoining footpath, roadway, arcade or other public thoroughfare, and

(b)               no part of the restricted premises or building in which the premises will be situated will be used as a dwelling unless separate access will be available to the dwelling, and

(c)               any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and

(d)   no other objects, products or goods related to the restricted premises will be visible from outside the premises.

 

(4)        In deciding whether to grant consent for the purpose of restricted premises, the consent authority must also take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.

Under the standard instrument, restricted premises fall under the umbrella definition of business premises or retail premises. Business premises are mandatory in the business zones under the standard instrument and therefore Council cannot exclude restricted premises in these zones. Therefore, this clause seeks to limit the location of restricted premises where they are adjoining residential land or other sensitive land uses frequented by children. These aspect s of the clause  (sub-clauses 1, 2 & 4) is modelled on the clause contained in Penrith City Council’s draft LEP which has been approved by Parliamentary Counsel. 

The origins of sub clause (3) are Clause 78 of SREP 28 and Clause 25 of Parramatta LEP 2001. This part of the clause seeks to ensure that restricted premises are located on the first floor of buildings, to limit the public visibility of the restricted premises and to limit them to buildings that do not have dwellings. This is a policy position of Council to protect public amenity.

 

 

 

 

 

6.6 Access to development on public roads

(1) The objective of this clause is to enable alternate access to development fronting a classified road.

(2) The consent authority may grant consent for vehicular access to development that has frontage to a classified road on land that would otherwise not be allowed such access under this Plan, but only if it has taken into consideration the following:

(a)      whether the access is via a non-classified road,   

(b)      whether the access will affect public safety,

(c)      whether the access will have a detrimental impact on the amenity of the surrounding area,

(d)      any plan of Management under the Local Government Act 1993.

This clause will facilitate access to development from roads other than a main road, where the zoning of the land would preclude this outcome in the absence of this clause.

 

 

 

 

6.7 Foreshore Building line

(1)The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

 

(2) Subject to subclause (3), development on the foreshore area is prohibited.

 

(3)Development consent may be granted for the following:

(a)  the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area, if the consent authority is satisfied the extension, alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore,

(b)  the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,

(c)  development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other outdoor recreation facilities.

 

(4)      Development consent must not be granted under subclause (3) unless the consent authority is satisfied that:

(a)   the development will contribute to achieving the objectives for the zone in which the land is located, and

(b)   the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and

 

(c)  the development will not cause environmental harm such as:

(i)  pollution or siltation of the waterway, or

(ii)  an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or

(iii)  an adverse effect on drainage patterns, and

 

(d)   the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and

 

(e)   opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and

 

(f)   any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained.

This clause is the same clause as Canada Bay LEP and has been reviewed and accepted by Parliamentary Counsel.

 

 

 

 

6.8 Development on Flood prone land

 

(1).  The objectives of this clause are:

 

a)     to maintain the existing flood regime and flow conveyance capacity; and

b)     to enable safe occupation and evacuation of land in a flood event; and

c)     to avoid significant adverse impacts upon flood behaviour; and

d)     to avoid significant adverse effects on the environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river bank/watercourse; and

e)     to limit uses to those compatible with flow conveyance function and flood hazard.

 

(2)        This clause applies to:

a)     land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event, and

b)     land within 500 millimetres in height above (a).

 

(3)        Consent must not be granted to development on land to which this clause

            applies unless the consent authority is satisfied that the development:

 

a)     will not adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties; and

b)     will not significantly alter flow distributions and velocities to the detriment of other properties or the environment; and

c)     will enable safe occupation and evacuation of the land; and

d)     will not significantly detrimentally affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river bank/watercourse; and

e)     will not be likely to result in unsustainable social and economic costs to the flood affected community or general community as a consequence of flooding; and

f)      if located in a floodway,

(i)   is compatible with the flow conveyance function of the floodway; and

(ii)  is compatible with the flood hazard within the floodway.

 

(4).       In this clause, floodway has the same meaning as it has in the Floodplain Development Manual 2005.

 

This clause has been reviewed and accepted by Parliamentary Counsel. DoP has approved a choice of 3 clauses relating to flood prone land.

 

Clause 6.8 proposes to use option 3 as the preferred clause because it best represents the flooding planning data available at Parramatta City Council.

 

 

 

 

6.9 Acid Sulfate Soils

 

(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

 

(2) Development consent is required for the carrying out of works described in the Table to this subclause on land on land shown on the Acid Sulfate Soils Map as being of the class specified for those works, except as provided by this clause.

 

Class of land    Works

1                      Any works.

2                      Works below natural ground surface. Works by which the watertable is likely to be lowered

3                       Works more than 1 metre below the natural ground surface.

Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.

4                      Works more than 2 metres below the natural ground surface.

Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.

5                      Works within 500 metres of adjacent Class 1,2,3 or 4 land that is below 5 metres Australian Height Datum by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent  Class 1,2,3 or 4 land.

 

(3) Development consent must not be granted under this clause for the carrying out of works unless:

 

(a)   an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority, and

 

(4) Consent is not required under this clause for the carrying out of works if:

(a)   a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan need not be carried out for the works, and

(b)   the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

 

(5) Also, development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power):

 

(a)   emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the work has been damaged, ceased to function or poses a risk to the environment or to public health and safety,

(b)  routine management work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that would result in the disturbance of more than 1 tonne of soil),

(c)   minor work, being work that costs less than $20,000 (other than drainage work).

 

(6) Development consent is not required under this clause to carry out any works unless:

 

(a)   the works involve the disturbance of more than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or

(b)   the works are likely to lower the watertable.

This Clause is the same clause as contained in the gazetted Canada Bay LEP and has been reviewed and accepted by Parliamentary Counsel.

6.10 Land Slip

(1) This clause applies to land within Zone R2 and shown on the Land Slip Map.

 

(2) Before granting consent for development on land to which this clause applies, the consent authority must take into consideration the following:

 

(a)   in the case of a proposed building or work, the recommendations of a geotechnical and structural engineering report that addresses the geotechnical stability of the land to support such development, and

(b)   whether the development is likely to create or worsen any land slip hazard to other land, and

(c)   whether appropriate measures have been taken or are to be taken to ensure that future works on the land (including construction of driveways, clothes drying facilities, boundary fences, garden sheds, retaining walls, garden beds and the like) will not increase the risk of ground movement on the land or other land.

The purpose of this clause is to ensure that sites identified as having the potential risk for landslip are assessed having regard to this risk when proposed for development.

This clause is adapted from Clause 35 of Parramatta LEP 2001.

 

 

 

6.11 Excavation and the filling of land

(1) The objectives of this clause are:

 

(a)   to ensure that any land excavation or filling work will not have a detrimental impact on environmental functions and processes, neighbouring uses, or cultural or heritage items and features, and

(b)   to allow land excavation or filling work of a minor nature without separate development consent.

 

(2) Development consent is required to excavate or fill land.

 

(3) Before granting any such consent, the consent authority must consider the following matters:

 

(a)   the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,

(b)   the effect of the proposed development on the likely future use or redevelopment of the land,

(c)   the quality of the fill or of the soil to be excavated, or both,

(d)   the effect of the proposed development on the existing and likely amenity of adjoining properties,

(e)   the source of any fill material or the destination of any excavated material,

(f)   the likelihood of disturbing relics,

(g)   proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.

 

(4) Any such consent is not required for the excavation or filling of land that, in the opinion of the consent authority, is of a minor nature.

Clause used is that settled by Parliamentary Counsel and adopted by West Dapto.

 

Parramatta LEP 2001 has Clause 23 and SREP 28 has Clause 77 Excavation and Filling of Land

 

 

 

6.12 Temporary use of Council land

(1) Despite any other provisions of this plan, consent may be granted to development on land within any zone for any temporary purpose for a maximum period of 52 days, whether consecutive or not, in any one calendar year.

(2) Before granting a consent referred to in subclause (1), the consent authority must be satisfied that:

(a)      the temporary use is necessary and reasonable for economic use of the land pending its subsequent development in accordance with this plan, and

(b)      the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan, and

(c)      the temporary use does not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(d)      appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent.

To allow development on Council land for a temporary period provided that the proposed development meets certain criteria.

 

This clause reflects Clause 50 of Parramatta LEP 2001 and the clause used in Canada Bay LEP which has been accepted by Parliamentary Counsel.

6.13 Development in recreation zones

(1)    The consent authority must not grant consent to development within Zone RE1 or RE2 unless it has taken into consideration all of the following:

 

(a)      the need for the proposed development on that land,

(b)      whether the impact of the proposed development will be detrimental to the existing or future use of the land,

(c)      any plan of management that covers the land

(d)      whether the proposed development will be secondary and complementary to the use of the land for recreation,

(e)      whether the height and bulk of any proposed building or structure has regard to existing vegetation and topography,

(f)       in the case of public open space, whether the proposed development will significantly diminish public use and access to public open space,

(g)      whether the proposal is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses,

(h)      whether the proposed development will impact on bushland and remnant bushland.

(i)       whether the proposed development will impact on stormwater flow.

This clause lists a range of appropriate considerations for development in RE1 and RE2 zones, with an emphasis on the protection of public benefit of proposed development and protection of public amenity. This provides assessment criteria for any activities permitted in the land use table for the RE1 Public Recreation zone.

 

This clause is adopted from Parramatta LEP 2001, Clause 46 and SREP 28, Clause 80.

 

 

 

 

 

6.14 Development on land abutting an Environmental Conservation zone

(1) The consent authority must not grant consent to development on land abutting land within Zone E2 unless it has taken into consideration all of the following:

 

(a)      the need to retain any bushland on the land,

(b)      the effect of the proposed development on bushland, including the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland,  overshadowing, overland flows and stormwater runoff, removal or degradation of existing vegetation,

(c)      the requirement for provision of a buffer zone on the abutting land to protect the bushland area,

(d)      the protection of endangered ecological communities and recovery plans prepared and approved under the Threatened Species Conservation Act 1995,

(e)      any other matters which are relevant to the protection and preservation of the bushland area.

 

(2) Despite any other provisions of this plan, no building is to be erected within 6 metres of the boundary of Zone E2.

To maintain the quality and integrity of E2 land by ensuring that adjacent development is undertaken in a manner that recognises the environmental qualities of these E2 areas.

 

This clause is sourced from Clause 47 of Parramatta LEP 2001 and Clause 88 of SREP 28.

 

 

 

 

 

6.15 Variation of floor space ratio when providing public access

            

(1)         The objective of this clause is to provide incentives for development to provide for the dedication of land and construction of public access to provide improved pedestrian permeability and networks.

(2)         The consent authority may consider increasing the maximum floor space ratio as referred to in clause 22 if the proposed development includes dedication of land to Council for the purposes of providing public access, and the construction of the accessway, having regard to whether:

(a)         the Parramatta Development Control Plan 2008 identifies the land as being required for future public access or whether in the opinion of the consent authority, there is demonstrable advantage and local need for public pedestrian access through the development site, and

(b)         the pedestrian link will be safe, accessible and of finishes and materials that will ensure long term durability and ease of use.

(3)         For the purposes of this clause, the maximum floor space may be increased by the equivalent area represented by 50% of the land area to be dedicated to Council for public access.

(4)         For the purposes of calculating (3) above, site area includes the area of land to be dedicated to Council.

Council has prepared detailed planning controls for certain areas across the LGA, particularly those where increased residential density is proposed.

 

The intent of the clause in the draft LEP is to provide an incentive for such linkages to be provided through a floor space bonus in return for the dedication of that area identified as a pedestrian link to Council.  This is a more flexible approach than identifying a particular area of land for acquisition. 

 

 

 

6.16 Places of public worship

Despite any other provisions of this plan, development for the purpose of a place of public worship is prohibited in Zone R1, R2, R3 or R4 if the number of seats provided, or the seating capacity of the place, exceeds 250.

 

The purpose of this clause is to ensure that residential areas are protected from the amenity impacts of large Places of Public Worship.

The elected Council is keen to control the size of churches in residential zones using this clause to prevent amenity impacts such as traffic, car parking and general disturbances of noise associated with large congregations.

 

This clause reflects the current Clause 42 in Parramatta LEP 2001.

 

 

 

6.17 Environmental Protection

(1)         The objectives of this clause are to protect and improve:

(a)        water quality within waterways, and

(b)        stability of the bed and banks of waterways, and

(c)        aquatic and riparian habitats, buffers and their functions, and

(d)        ecological processes within waterways and riparian areas, and

(e)        threatened aquatic species, communities, populations and their habitats, and

(f)         scenic and cultural heritage values of waterways and riparian areas, and

(g)        the connectivity of riparian corridors within the LGA.

(2)         This clause applies to development on land as identified on the Environmental Protection Map.

(3)         Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered a report that addresses the following matters:

(a)        identification of any potential adverse impact on:

(i) water quality within the waterway, and

(ii) aquatic and riparian habitats and ecosystems, and

(iii) stability of the bed, shore and banks of the waterway, and

(iv) the free passage of fish and other aquatic organisms within or along the waterway, and

(v) habitat of any threatened species, populations, or ecological communities, and

(vi) the removal of any native vegetation.

 

(b)        a description of all proposed measures to be undertaken to ameliorate any potential adverse impact.

(4)         Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development meets the objectives of this clause and:

(a)        the development is designed, sited and managed to avoid any potential adverse environmental impact, or

(b)        if a potential adverse impact cannot be avoided, the development:

(i) is designed and sited so as to have minimum adverse impact, and

(ii) incorporates effective measures so as to have minimal adverse impact, and

(iii) mitigates any adverse impact through the restoration of any existing disturbed area on the site.

This clause applies to mapped areas where waterways are located on privately owned land.  An environmental protection clause rather than the use of zoning is proposed to be applied to waterways and sensitive landscapes located on privately owned land, to balance the need for riparian connectivity against the private ownership of land. 

 

The core objective of the environmental protection clause is to maintain ecological processes through the identification of connected riparian corridors within the City of Parramatta. Development within these areas, identified on the local provisions map, will be subject to this clause with more detailed controls provided in the DCP. The clause ensures proper consideration has been given the ecology of the waterway.

 

This approach is consistent with the policy directions set out by the Department of Environment and Conservation, Department of Primary Industries and the Department of Water and Energy for the protection of biodiversity values. 

 

This clause is based on a clause contained in Temora Local Environmental Plan that has already been approved by Parliamentary Counsel. A minor change to the clause has been made to adapt the clause to an urban LGA, such as the removal of the reference to stock routes.

 

Item 10.1 - Attachment 5

Local Provisions in Draft Parramatta Local Environment Plan 2008

 

Deleted Local Provisions

 

Deleted local provisions from draft Parramatta LEP adopted in 2007

Purpose

Reason for deletion

 

 

 

Granny flats in residential zones

Purpose of this clause was to ensure that a granny flat is permissible with consent in any residential zone subject to the granny flat not exceeding 60 square metres in gross floor area.

 

Standard template definition “Secondary dwelling” has been introduced. Draft LEP 2008 allows secondary dwellings with a max floor area of 60 sqm in all residential zones.

 

 

 

Variation of development standards in specific circumstances

Purpose of this clause was to consider a floor space bonus of 20% for land close to the University of Western Sydney to encourage the provision of a public car park.

Contrary to Standard instrument, maximum FSR is specified on the FSR map. In October 2007, DoP will not allow this clause.

Historic view corridors

Clause referred to view corridors as specified in DCP to ensure views are considered when assessing a development application.

DoP does not allow the LEP to refer to a matter that is in the DCP. As view corridors are addressed in Draft Parramatta Development Control Plan 2008, they must be considered and the clause in the LEP is not necessary.

Retailing of Bulky Goods

The purpose of this clause was to ensure that particular goods, classified as Bulky goods development only occupied floor space greater than or equal to 1000sq.m.

Definition of Bulky Goods Retailing requires that there be a large area for handling, display or storage.

Council Development

To specify certain activities which are carried out on or behalf of a Council that do not require development consent.

Addressed in State Environmental Planning Policy (SEPP) Infrastructure. This SEPP came into effect on 21 December 2007.

Special Precincts

Clause referred to Special Character areas included in the DCP as matters to be considered when assessing a development application. 

DoP does not allow the LEP to refer to a matter that is in the DCP. As special character areas are addressed in Draft Parramatta Development Control Plan 2008, they must be considered and the clause in the LEP is not necessary.

Telecommunication Facilities

This clause specified the need for development consent for certain telecommunication facilities.

Permissibility of telecommunications facilities is now addressed in State Environmental Planning Policy (SEPP) Infrastructure. This SEPP came into effect on 21 December 2007.

Contaminated land

To ensure contaminated land is appropriately managed and where necessary rehabilitated as part of a development assessment.

This clause duplicated the requirements of SEPP 55 Remediation of Land.

Boarding houses

To ensure that existing boarding homes are retained in the LGA by preventing the demolition of a boarding house or it being changed to another permitted use unless certain criteria as been considered.

Covered by State Environmental Planning Policy (SEPP 10 – Retention of Low Cost Housing).

Neighbourhood shops in R2 Low Density zone

To limit where permissible in a zone the size of neighbourhood shops to 60 square metres.

Addressed by definition in Standard Template and Clause 5.4(7) of draft Parramatta LEP 2008. Note: Minimum area allowable under the standard template is 80sqm

Office development in industrial zones

To ensure that office premises located in, or apart of an industrial zone are ancillary to main industrial use of the site.

Permitted as ancillary development.

Biodiversity

To ensure that consideration is given to the protection of mangroves, threatened species and other important natural habitats

Covered by zone objectives.