An Extraordinary Meeting of Cumberland Local Planning Panel will be held at 11:30am at the Merrylands Administration Building, 16 Memorial Avenue, Merrylands on Thursday, 20 February 2020.

Business as below:

Yours faithfully

Hamish McNulty

General Manager

ORDER OF BUSINESS

1.          Receipt of Apologies

2.          Declaration of Interest

3.          Address by invited speakers

4.          Reports

        -       Development Applications

        -       Planning Proposals

5.     Closed Session Reports

 

CONTENTS

Report No.  Name of Report                                                               Page No.

LPP007/20.. Planning Proposal for the new Cumberland Local Environmental Plan......................................................................................... 5

LPP008/20.. Approach to Drafting of Planning Controls for the new Cumberland Local Environmental Plan...................................................... 281

LPP009/20.. Proposed Land Use Tables and Planning Approach for Selected Land Uses for the New Cumberland Local Environmental Plan 377

 

 

 20 February 2020

 

Item No: LPP007/20

Planning Proposal for the new Cumberland Local Environmental Plan

Responsible Division:                  Environment & Planning

Officer:                                      Executive Manager City Strategy

File Number:                              S-5750-01  

 

 

This report provides an overview of the planning proposal for the new Cumberland Local Environmental Plan (LEP).

The planning proposal seeks to harmonise the three existing LEPs in operation across Cumberland, with the aim of creating a consolidated and clear planning framework under a single Cumberland LEP. The planning proposal also seeks to implement a targeted range of other strategic planning work that has been substantially progressed as separate and individual projects. 

Early consultation (pre-Gateway) on proposed planning controls for the new Cumberland LEP has been sought, and a range of submissions received. Following receipt of a Gateway Determination, further consultation will be undertaken with the community and the planning proposal will then be considered by Council prior to finalisation and gazettal.

The planning proposal for the new Cumberland LEP is required to be submitted to the Department of Planning, Industry and Environment for finalisation by mid-2020, in accordance with funding and delivery commitments between Council and the Department.

It is recommended that the Panel support the planning proposal for the new Cumberland LEP.

Background

Cumberland City Council is currently operating under three separate Local Environmental Plans, which represent the planning controls for the Cumberland local area prior to amalgamation. These include:

i.  Auburn Local Environmental Plan (ALEP) 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland)

ii.  Parramatta Local Environmental Plan (PLEP) 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland)

 

 iii.        Holroyd Local Environmental Plan (HLEP) 2013, which applies to land in the former Holroyd City Council area (western part of Cumberland).

The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.

A single Cumberland LEP will simplify the planning process by reducing the number of planning instruments applicable to land in the Cumberland LGA, removing duplication of planning controls and aligning, where possible, the land uses and controls within the current instruments.

Planning Proposal

The planning proposal describes how Council intends to harmonise the planning controls of the existing Auburn, Parramatta and Holroyd LEPs into a single set of planning controls for Cumberland. It has been prepared in accordance with the relevant Department of Planning, Industry and Environment’s guidelines for preparing planning proposals and LEPs, and includes the following:

Part 1 – A statement of the objectives and intended outcomes of the proposed Cumberland LEP

Part 2 – An explanation of the provisions that are to be included in the proposed Cumberland LEP

Part 3 – The justification for those objectives, outcomes and the process for their implementation

Part 4 – Maps, where relevant, to identify the intent of the planning proposal and the area to which it applies

Part 5 – Details of the community consultation that is to be undertaken on the planning proposal

Part 6 – A project timeline to detail the anticipated timeframe for the plan making process

Cumberland Local Environmental Plan

The new LEP is not intended to be a comprehensive review of all planning controls, but a consolidation of the existing LEPs applicable across the Cumberland local area. The approach to the harmonisation (merge) of Cumberland’s three legacy LEPs into a single consolidated Plan is summarised ‘in principle’ below.

Principle 1: As far as practicable, apply the same planning approach across the LGA (focus on creating a consistent set of general land use policies and development controls for Cumberland).

Principle 2: Adopt Standard Instrument LEP clauses as required, with local content included where possible.

Principle 3: Use ‘best-fit’ to retain/continue current planning outcomes in instances where the existing Cumberland LEPs do not align.

Principle 4: Introduce new policy/planning approach only if appropriate.

In addition to harmonising the existing LEPs, the planning proposal seeks to implement a targeted range of other strategic planning work that has been substantially progressed as separate and individual projects, including:

i.  Revised planning controls for the Auburn and Lidcombe Town Centres (implementation of the Auburn and Lidcombe Town Centres Planning Controls Strategies, adopted by Council on 21 August and 4 September 2019 respectively, and considered by the CLPP on 20 June 2019).

ii.  Minimum lot sizes for dual occupancy development, by providing a consistent lot size across the Cumberland area (adopted by Council on 19 June 2019, and considered by the CLPP on 15 May 2019)

iii. Targeted changes to planning controls along the along the Parramatta and Woodville Road Corridors (as previously considered and adopted by Council on 3 July 2019).

iv. Stage 1 of the Cumberland Heritage Study, including the proposed de-listing of 9 properties that have been assessed as no longer meeting the NSW heritage criteria for assessing heritage significance (delisting of properties adopted by Council on 4 September 2019).

v. Miscellaneous minor zoning and/or planning control changes. In particular, the planning proposal seeks to clarify the land use permissibility of government owned land, and address selected site specific anomalies on privately owned sites, through appropriate minor zoning and/or planning control changes in various locations across Cumberland.

Details and justification for these changes are summarised in the attached planning proposal.

Council Resolutions

Council has previously considered and endorsed much of the detail of the planning proposal for the new Cumberland LEP through various reports that have dealt with particular issues and planning controls. The planning proposal has been prepared in accordance with these Council resolutions, as summarised below:

 

Table 1: Council resolutions

Site Specific Requests

A number of site specific requests (85 total) for zoning changes have also been received throughout the preparation of the new Cumberland LEP, including submissions during the early consultation period. Council has considered these submissions on their merit and endorsed the following categorisation and planning approaches:

 

Table 2: Categorisation of site specific requests for zoning changes

The Stream 1 site specific requests for zoning changes are included in the planning proposal for the new Cumberland LEP.  These requests are for minor zoning changes for government-owned sites (18 sites) and one minor zoning change for a private landholding.  It is noted that submissions for three sites are consistent with previous resolutions by Council for inclusion in the new Cumberland LEP.

The Stream 2 and 3 requests will be considered and assessed as part of Council’s ongoing work plan following the completion of the new Cumberland LEP, or as part of an applicant initiated planning proposal where sufficient strategic merit can be demonstrated.

Consistency with the Greater Sydney Region Plan and Central City District Plan

The planning proposal is consistent with the aims and objectives of the Greater Sydney Region Plan – A Metropolis of Three Cities as it seeks to manage growth and change for Cumberland in the context of social, economic and environmental matters, and support the premise of a 30-minute city where most residents live within 30 minutes of their jobs, education and health facilities, services and great places.

The planning proposal is also consistent with the planning priorities of the Central City District Plan, as follows:

 

Status and Next Steps

Early consultation (pre-Gateway) on proposed planning controls for the new Cumberland LEP has been sought, and a range of submissions received. Following receipt of a Gateway Determination, further consultation will be undertaken with the community and the planning proposal will be considered by Council prior to finalisation and gazettal.

The planning proposal for the new Cumberland LEP is required to be submitted to the Department of Planning, Industry and Environment (DPIE) for finalisation by mid-2020, in accordance with funding and delivery commitments between Council and the Department.

Early Consultation on the New Cumberland LEP

Early consultation on the new Cumberland LEP occurred throughout July and August 2019, representing pre-Gateway consultation in accordance with Council’s Planning Proposal Notification Policy. This consultation comprised an extensive communication and engagement program undertaken in conjunction with the public exhibition of the draft Cumberland 2030: Our Local Strategic Planning Statement (LSPS) to ensure Council received feedback from a broad range of stakeholders and the community.

A total of 181 submissions were received across 15 broad themes, as follows:

·        Affordable housing and affordable rental housing

·        Active transport (e.g. walking, cycling, healthy built environment, multimodal)

·        Centres and corridors (e.g. strategic centre, planned precincts, principal local centres, local centres, Woodville Road Corridor and Parramatta Road Corridor)

·        Community and social infrastructure (e.g. libraries, health, education, community facilities and liveability)

·        Density (e.g. floor space ratios, height, bulk and lot size)

·        Environment and open space (e.g. urban heat islands, urban cooling, tree canopy, climate change and biodiversity)

·        Heritage and culture

·        Housing

·        Local character (e.g. over-development, crowding/social issues/ retention of character, built form and urban design)

·        Local jobs and businesses (including industrial areas and economic activity)

·        Parking

·        Traffic congestion

·        Transport infrastructure (including roads and public transport)

·        Utility infrastructure and services (e.g. services provided by councils, water, waste and energy)

·        Zoning/land uses (including comments on specific land uses, such as boarding houses, place of public worship and residential flat buildings).

As far as practicable, the proposed planning controls for the new Cumberland LEP seek to address the feedback received from the community.

Further Consultation

An extensive consultation program on the draft planning proposal for the new Cumberland LEP will be undertaken in early 2020, subject to Gateway Determination by the Department of Planning, Industry and Environment. This consultation will be statutory consultation, and will be undertaken in accordance with the relevant condition of the Gateway Determination.

Work undertaken on the Cumberland LEP, including strategic studies and planned community consultation activities, is funded by the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

The preparation of the Cumberland LEP is required under the Environmental Planning and Assessment Act 1979. The Cumberland LEP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Council is required to submit a planning proposal on the new Cumberland LEP to the department of planning infrastructure and environment for finalisation by mid-2020. The release of funds from the accelerated Local Environmental Plan funding grant provided by the NSW Government is also linked to this milestone. Support of the planning proposal by the Panel will assist Council in meeting this milestone.

The planning proposal for the new Cumberland LEP will simplify the planning process by reducing the number of planning instruments applicable to land in the Cumberland LGA, removing duplication of planning controls and aligning, where possible, the land uses and controls within the current instruments. It also seeks to implement a targeted range of other strategic planning work that has been substantially progressed as separate and individual projects.   The planning proposal is consistent with the strategic directions and planning priorities set by the Greater Sydney Region Plan and Central City District Plan.

It is recommended that the Panel support the planning proposal for the new Cumberland LEP.

 

Report Recommendation: That the Cumberland Local Planning Panel (CLPP) provides its support for the planning proposal on the new Cumberland Local Environmental Plan (LEP).

 

1.     Draft Cumberland Planning Proposal (including Background Report - Cumberland LEP Harmonisation, City Plan)   

 

Attachment 1

Draft Cumberland Planning Proposal (including Background Report - Cumberland LEP Harmonisation, City Plan)

 20 February 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 20 February 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 20 February 2020

 

Item No: LPP008/20

Approach to Drafting of Planning Controls for the new Cumberland Local Environmental Plan

Responsible Division:                  Environment & Planning

Officer:                                      Executive Manager City Strategy

File Number:                              S-5750-01  

 

 

This report provides an overview of the proposed planning approach for the various Parts and Schedules to be included in the new Cumberland Local Environmental Plan (LEP) that is currently being prepared by Council.

Preparation of the new Cumberland LEP is focussed on harmonising the planning controls of the existing Auburn, Parramatta and Holroyd LEPs into a single set of planning controls for Cumberland.

It is recommended that the Panel support the approach to the drafting of planning controls for the new Cumberland LEP.

Background

Cumberland City Council is currently operating under three separate Local Environmental Plans, which represent the planning controls for the Cumberland local area prior to amalgamation. These include:

i.      Auburn Local Environmental Plan (ALEP) 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland)

ii.      Parramatta Local Environmental Plan (PLEP) 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland) 

iii.     Holroyd Local Environmental Plan (HLEP) 2013, which applies to land in the former Holroyd City Council area (western part of Cumberland).

The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.

A single Cumberland LEP will simplify the planning process by reducing the number of planning instruments applicable to land in the Cumberland LGA, removing duplication of planning controls and aligning, where possible, the land uses and controls within the current instruments.

 

New Cumberland Local Environmental Plan (LEP)

The structure of the new Cumberland LEP is based on the Standard Instrument LEP, is the principal template LEP provided by the NSW Government.  Many clauses, provisions and schedules in the Standard Instrument LEP are compulsory and must be included in the new Cumberland LEP.  However, there are some areas where Council has an ability to inform the scope and content on clauses, provisions and schedules to be included in the new LEP. 

This report outlines the proposed planning approach for the following various parts and schedules within the new Cumberland LEP, as shown in Figure 1.  This includes:

·        Part 1: Preliminary

·        Part 2: Permitted and prohibited development

·        Land Use Table

·        Part 3: Exempt and complying development

·        Part 4: Principal development standards

·        Part 5: Miscellaneous provisions

·        Part 6: Additional local provisions

·        Schedule 1: Additional permitted uses

·        Schedule 2: Exempt development

·        Schedule 3: Complying development

·        Schedule 4: Classification and reclassification of land

·        Schedule 5: Environmental heritage

·        Schedule 6: Pond-based and tank-based aquaculture

·        Dictionary.

Part 1 – Preliminary

This part provides the preamble for the new Cumberland LEP.  Most items in this part are compulsory and must be included in the LEP. One area where Council is able to inform the content of the LEP is for the aims (objectives) of the plan. The proposed aims are:

·        Establish a planning framework for sustainable land use and development in Cumberland.

·        Provide for a range of land uses and developments in appropriate locations across the Cumberland area.

·        Facilitate economic growth and employment opportunities in Cumberland.

·        Protect and enhance the natural, built and cultural heritage of the Cumberland area.

·        Support the provision of community facilities and services in Cumberland to meet the needs of residents, workers and visitors.

Further information on items for Part 1 of the LEP is provided in Attachment 1.

Part 2 – Permitted or prohibited development

This part provides further information on permitted or prohibited development, including land use zones and the application area for zones.  Reference is also made to the land use table, which outlines the zone objectives, permitted land uses and prohibited land uses.  Most items in this part are compulsory and must be included in the LEP. 

In addition to this standard content, there is scope for Council to inform the detail of Clause 2.8 in terms of the temporary use of land to suit local conditions. It is proposed to include the Standard Instrument approach of 52 days as the maximum period of development consent for a temporary use in any zone in the new Cumberland LEP. This approach is consistent with the existing provisions in the Holroyd LEP and will further reduce the regulatory burden in the former Auburn and Parramatta LEP areas to facilitate opportunities for creative and artistic expression and participation, consistent with the Liveability Priorities (Action 14) of the Central City District Plan.

Further information on items for Part 2 of the LEP is provided in Attachment 2.

Land Use Zones

One area where Council is able to inform the content of the LEP is on the land use zones that apply in the Cumberland area. A range of residential, business, industrial, infrastructure and environmental land use zones are proposed to be included in the new Cumberland LEP, as provided in Table 1 below:

 

 

Table 1: Proposed Land Use Zones for Cumberland LEP

Part 3, Schedule 2 and Schedule 3 – Exempt and complying development

This part and associated schedules provides information on exempt and complying development, including the relationship with the State Environmental Planning Policy (Exempt and Complying Development).  All items in this part and schedules are compulsory and must be included in the LEP.  Further information on items for Part 3, Schedule 2 and Schedule 3 of the LEP is provided in Attachment 3.

Part 4 – Principal development standards

This part provides key development standards relating to the use of land.  Many of the provisions are optional, but if adopted contain standard content that can be tailored to local conditions.

The review of principal development standards for inclusion in the new Cumberland LEP is based on the following principles:

·        Apply a consistent planning approach across the Cumberland area as far as practicable;

·        Adopt Standard Instrument LEP clauses as required, with local content included where possible;

·        Use ‘best-fit’ to retain/continue current planning outcomes in instances where the existing LEPs operating in Cumberland do not align; and

·        Introduce new policy or planning approach only if appropriate.

A range of principal development standards are proposed to be included in Part 4 of the new Cumberland LEP, as outlined in Attachment 4 and summarised in Table 2 below. 

Principal Development Standard	Planning approach
Minimum subdivision lot sizes	Endorse new objectives and carry over development and site specific controls from Auburn LEP and Parramatta LEP, as applicable to the area of the new Cumberland LEP
Exceptions to minimum lot sizes for certain residential development	Endorse carryover of clauses in Holroyd LEP and apply across the area of the new Cumberland LEP
Minimum subdivision lot sizes for community title schemes	Endorse carryover of clauses in Holroyd LEP and apply across the area of the new Cumberland LEP
Height of buildings	Endorse new objectives and carryover of site specific controls along the Parramatta Road precinct included in the Auburn LEP
Floor space ratio	Endorse new objectives and carryover of applicable controls in the Auburn LEP and Holroyd LEP.  No controls apply from the Parramatta LEP, as these are outside the Cumberland area
Exceptions to development standards	Adopt Standard Instrument clauses, as the specific provisions in the Auburn LEP and Parramatta LEP are not applicable to the area of the new Cumberland LEP

 

Table 2: Summary of Principal Development Standards for the new Cumberland LEP

Part 5 – Miscellaneous provisions

This part provides scope for Council to include specialised provisions to address local issues. A consistent approach to specialised provisions will be applied for inclusion in the new Cumberland LEP, based on the following general rules of retention:

·        Additional Local Provisions and Additional Permitted Uses will generally be retained;

·        Council can include local provisions that address specific local circumstances where justified, such as a result of relevant planning components of Council’s local strategic planning; and

·        Additional permitted use provisions may be used to allow certain land uses/development on land where they would otherwise be prohibited, subject to conditions.

A range of specialised provisions are proposed to be included in Part 5 of the new Cumberland LEP, as outlined in Attachment 5 and summarised in Table 3 below. 

 

Table 3: Summary of Miscellaneous Provisions for the new Cumberland LEP

Part 6 – Additional local provisions

Part 6 of the new Cumberland LEP provides additional specialised provisions to address local issues. The proposed specialised provisions for inclusion in the new Cumberland LEP are based on the following general rules of retention:

·        Existing local provisions and additional permitted uses will generally be retained.

·        Additional local provisions that address specific local circumstances where justified, such as a result of relevant planning components of Council’s local strategic planning.

·        Additional permitted use provisions may be used to allow certain land uses/development on land where they would otherwise be prohibited (subject to conditions).

A range of local and site specific provisions are proposed to be included in Part 6 of the new Cumberland LEP, as outlined in Attachment 6 and summarised in Table 4 below.

Table 4: Summary of Local and/or Site Specific Provisions for new Cumberland LEP

This clause will reflect the Council-led planning proposal to introduce a minimum lot area for low and medium density dual occupancy housing in the Auburn and Holroyd LEP areas. The planning proposal has been submitted to the Department of Planning, Industry and Environment for finalisation.

Schedule 1 – Additional permitted uses

This schedule outlines a range of additional permitted uses that are not identified in the land use table or standard provisions for zoning and/or permitted land uses. Existing additional permitted uses for identified locations in the Auburn LEP and Holroyd LEP will be carried over to the new Cumberland LEP.  The Parramatta LEP does not include any additional permitted uses that are located within the area of the new Cumberland LEP.

Schedule 4 – Classification and reclassification of land

This schedule provides a location for Council to capture information on the classification and reclassification of public land as either community or operational land in accordance with the Local Government Act.  This schedule will appear blank for the new Cumberland LEP but may be used during the life of the LEP should changes to public land classification be adopted by Council.

Schedule 5 – Environmental heritage

This schedule provides a list of local heritage items identified in the area, and includes items, places and conservation areas.  There are currently more than 350 heritage items listed for the Cumberland area, and are documented in the Auburn, Holroyd and Parramatta LEPs.  Identification on this list provides statutory protection through the LEP and other planning controls.

Council has engaged Extent Heritage to undertake a Local Government Area (LGA) wide Heritage Study. The LGA Heritage Study consists of two stages:

·        Stage 1 – Prepare a history of the LGA and review all existing listed heritage items (January – September 2019)

·        Stage 2 – Identify and assess potential new heritage items (September 2019 – May 2020)

The first stage of the project involved a review of all existing heritage items (including conservation areas) listed in the three LEPs for the LGA and updated listing information as appropriate. This stage also identified any existing items that were assessed as no longer meeting the NSW heritage criteria for assessing heritage significance. The criteria used to assess heritage significance included the following:

·        An item is important in the course, or pattern, or the cultural or natural history of the local area.

·        An item has strong or special association with the life or works of a person, or group of persons, of importance in the cultural or natural history of the local area.

·        An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in the local area.

·        An item has strong or special association with a particular community or cultural group in the local area for social, cultural or spiritual reasons.

·        An item has potential to yield information that will contribute to an understanding of the cultural or natural history of the local area.

·        An item possesses uncommon, rare or endangered aspects of the cultural or natural history of the local area.

·        An item is important in demonstrating the principal characteristics of a class of the local area’s cultural or natural places cultural or natural environments.

The items listed in Table 5 below were assessed as no longer meeting the criteria for heritage significance.  Further information is provided in Attachment 7.  These items are proposed to be excluded from the new Cumberland LEP. 

 

Table 5: Heritage Items to be excluded from the new Cumberland LEP

Schedule 6 – Pond-based and tank-based aquaculture

This schedule provides further information on aquaculture activities, including site location and operational requirements. All items in this schedule are compulsory and must be included in the LEP.

Dictionary

The Dictionary provides the definition for the range of land uses included in the LEP.  The Dictionary is part of the Standard Instrument and unable to be amended.

An extensive consultation program on the draft planning proposal for the new LEP will be undertaken in early 2020, subject to Gateway Determination by the Department of Planning, Industry and Environment.

Work undertaken on the Cumberland LEP, including strategic studies and planned community consultation activities, is funded by the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

The preparation of the Cumberland LEP is required under the Environmental Planning and Assessment Act 1979. The Cumberland LEP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Council is required to submit a planning proposal on the new Cumberland LEP to the Department of Planning Infrastructure and Environment for finalisation by mid-2020. The release of funds from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government is also linked to this milestone. Support of the planning proposal by the Panel will assist Council in meeting this milestone.

This report provides an overview of the proposed planning approach for the various Parts and Schedules to be included in the new Cumberland Local Environmental Plan (LEP). It is recommended that the Panel support the proposed approach to drafting of planning controls for the new Cumberland LEP.

 

Report Recommendation: That the Cumberland Local Planning Panel (CLPP): 1.      Support the proposed approach to drafting of planning controls for the new Cumberland LEP, as provided in Attachments 1 to 9. 2.      Note the draft planning controls will be included in the planning proposal for the new Cumberland LEP.

 

1.     Proposed planning approach for Part 1 – Preliminary, including proposed Aims (objectives) of Local Environmental Plan  

2.     Proposed planning approach for Part 2 – Permitted and Prohibited Development, including proposed Land Use and Temporary Use Zones  

3.     Proposed planning approach for Part 3 – Exempt and Complying Development  

4.     Proposed planning approach for Part 4 – Principal development standards  

5.     Proposed planning approach for Part 5 – Miscellaneous provisions  

6.     Proposed planning approach for Part 6 – Additional local provisions  

7.     Proposed planning approach for Schedule 1 – Additional permitted uses  

8.     Proposed planning approach for Schedules 2 Exempt development, Proposed planning approach;  Schedule 3 – Complying development; and  Proposed planning approach for Schedule 6 – Pond based and tank based aquaculture.  

9.     Proposed planning approach for Schedule 5 – Environmental heritage   

 

Attachment 1

Proposed planning approach for Part 1 – Preliminary, including proposed Aims (objectives) of Local Environmental Plan

 20 February 2020

 

Attachment 2

Proposed planning approach for Part 2 – Permitted and Prohibited Development, including proposed Land Use and Temporary Use Zones

 20 February 2020

Attachment 3

Proposed planning approach for Part 3 – Exempt and Complying Development

 20 February 2020

Attachment 4

Proposed planning approach for Part 4 – Principal development standards

 20 February 2020

 

 

 

 

 

 

Attachment 5

Proposed planning approach for Part 5 – Miscellaneous provisions

 20 February 2020

 

 

 

Attachment 6

Proposed planning approach for Part 6 – Additional local provisions

 20 February 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 7

Proposed planning approach for Schedule 1 – Additional permitted uses

 20 February 2020

Attachment 8

Proposed planning approach for Schedules 2 Exempt development, Proposed planning approach;  Schedule 3 – Complying development; and  Proposed planning approach for Schedule 6 – Pond based and tank based aquaculture.

 20 February 2020

Attachment 9

Proposed planning approach for Schedule 5 – Environmental heritage

 20 February 2020

 

 

 

 

 

 

 

 

 

 

 

 

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 20 February 2020

Item No: LPP009/20

Proposed Land Use Tables and Planning Approach for Selected Land Uses for the New Cumberland Local Environmental Plan

Responsible Division:                  Environment & Planning

Officer:                                      Executive Manager City Strategy

File Number:                              S-5750-01  

 

 

This report provides an overview of the proposed land use tables and planning approach for selected land uses to be included in the new Cumberland Local Environmental Plan (LEP) that is currently being prepared by Council.

Preparation of the new Cumberland LEP is focussed on harmonising the planning controls of the existing Auburn, Parramatta and Holroyd LEPs into a single set of planning controls for Cumberland.

It is recommended that the Panel support the proposed land use tables, and the planning approach for places of public worship and sex services premises, for inclusion in the planning proposal for the new Cumberland LEP.

Background

Cumberland City Council is currently operating under three separate Local Environmental Plans, which represent the planning controls for the Cumberland local area prior to amalgamation. These include:

i.      Auburn Local Environmental Plan (ALEP) 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland)

ii.      Parramatta Local Environmental Plan (PLEP) 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland) 

iii.     Holroyd Local Environmental Plan (HLEP) 2013, which applies to land in the former Holroyd City Council area (western part of Cumberland).

The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.

A single Cumberland LEP will simplify the planning process by reducing the number of planning instruments applicable to land in the Cumberland LGA, removing duplication of planning controls and aligning, where possible, the land uses and controls within the current instruments.

 

New Cumberland Local Environmental Plan – Land Use Tables

The structure of the new Cumberland LEP is based on the Standard Instrument LEP, which is the principal template LEP provided by the NSW Government. The Standard Instrument LEP includes a standardised Land Use Tables providing the objectives of each zone, as well as mandatory permitted and prohibited land use activities, that Council must adhere to. However, additional objectives may be included in a zone to reflect particular local objectives of development. There is also scope for Council to add additional specified uses to the mandatory list of development that is permitted or prohibited in a zone.

This report provides the proposed Land Use Tables for the following zones to be included in the new Cumberland LEP:

 

In preparing the Land Use Tables for the new Cumberland LEP, a general rule of permissibility retention has been used.  This means that the permissible land uses in most zones in the new Cumberland LEP will be a combination of the permissible land uses of the existing LEPs that apply in the Cumberland area.  For example, if a use is permissible within a zone under the current Auburn, Holroyd or Parramatta LEPs, it will generally be permitted within that zone under the new Cumberland LEP.

The proposed Land Use Tables to be included in the new Cumberland LEP are provided at Attachments 1 to 7.

Carryover of existing application of zones

It is proposed to carry over of the existing application of these zones for the new Cumberland LEP Land Zoning Maps.  This approach will retain the status-quo for the majority of properties in the Cumberland area, with the existing zoning of properties to remain unchanged. 

In instances where changes are required to be made, this will be based on reports previously considered and endorsed by Council or may be reported in the future for consideration by Council. 

Places of public worship

Places of public worship in Cumberland are currently permissible in a range of residential, industrial, business and special purpose zones under the Auburn LEP, Parramatta LEP and Holroyd LEP.  The Parramatta LEP currently does not permit places of public worship under the low density residential zone and identifies this land use on mapping for the SP1 Special Purpose zone.  The Auburn LEP currently permits places of public worship in public recreation zones.

The following planning approach is proposed for places of public worship for inclusion in the new Cumberland LEP, as outlined in Attachment 8:

·        Permit places of public worship with consent in the R3, R4, IN1 and IN2 zones.

·        Specifically prohibit them in all other zones in the Cumberland LEP.

·        For existing places of public worship zoned SP1 in the Parramatta LEP area, apply the surrounding zone. Existing use rights will apply where development consent is in place.

·        Insert an additional objective in the Land Use Table for the R3 and R4 zones to ensure that places of public worship are located in a context and setting that minimises impacts on the amenity of a low density residential environment.

·        Introduce new local provisions regarding places of public worship in R3 and R4 zones, including a minimum lot size of 2,000m2 for places of public worship and consent authority considerations.

Further consideration of planning controls for places of public worship will also be undertaken as part of the preparation for the new Cumberland Development Control Plan.

Sex services premises

Sex services premises in Cumberland are currently permissible in the IN1 zone under the Auburn LEP and in both the IN1 and IN2 zones under the Parramatta LEP. They are prohibited in all zones under the Holroyd LEP, with the exception of a handful of sites identified in Schedule 1 Additional permitted uses.

The following planning approach is proposed for sex services premises for inclusion in the new Cumberland LEP, as outlined in Attachment 9:

·        Permit sex services premises with consent in the IN1 zone.

·        Specifically prohibit them in all other zones in the Cumberland LEP.

·        Retain permissibility of sex services premises on sites currently listed in Schedule 1 of the Holroyd LEP.

Further consideration of planning controls for sex services premises will also be undertaken as part of the preparation for the new Cumberland Development Control Plan.

An extensive consultation program on the draft planning proposal for the new LEP will be undertaken in early 2020, subject to Gateway Determination by the Department of Planning, Industry and Environment.

Work undertaken on the Cumberland LEP, including strategic studies and planned community consultation activities, is funded by the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

The preparation of the Cumberland LEP is required under the Environmental Planning and Assessment Act 1979. The Cumberland LEP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Council is required to submit a planning proposal on the new Cumberland LEP to the Department of Planning Infrastructure and Environment for finalisation by mid-2020. The release of funds from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government is also linked to this milestone. Support of the planning proposal by the Panel will assist Council in meeting this milestone.

This report provides an overview of the proposed land use tables and planning controls for places of public worship and sex services premises to be included in the new Cumberland Local Environmental Plan (LEP). It is recommended that the Panel provide support for this approach.

 

Report Recommendation: That the Cumberland Local Planning Panel (CLPP): 1.       Support the proposed land use tables for the new Cumberland LEP, as provided in Attachments 1 to 7. 2.       Support the proposed planning approach to places of public worship and sex services premises, as provided in Attachments 8 and 9. 3.       Note that this information will be included in the planning proposal for the new Cumberland LEP.

 

1.     Proposed Land Use Tables for the Residential Zones in the new Cumberland LEP  

2.     Proposed Land Use Tables for the Business Zones in the new Cumberland LEP  

3.     Proposed Land Use Tables for the Industrial Zones in the new Cumberland LEP  

4.     Proposed Land Use Tables for the Special Purpose Zones in the new Cumberland LEP  

5.     Proposed Land Use Tables for the Recreation Zones in the new Cumberland LEP  

6.     Proposed Land Use Tables for the Environment Protection Zones in the new Cumberland LEP  

7.     Proposed Land Use Tables for the Waterways Zones in the new Cumberland LEP  

8.     Proposed approach for places of public worship in the new Cumberland LEP  

9.     Proposed approach for sex services premises in the new Cumberland LEP   

 

Attachment 1

Proposed Land Use Tables for the Residential Zones in the new Cumberland LEP

 20 February 2020

 

 

 

 

 

Attachment 2

Proposed Land Use Tables for the Business Zones in the new Cumberland LEP

 20 February 2020

 

 

 

 

 

 

 

 

 

Attachment 3

Proposed Land Use Tables for the Industrial Zones in the new Cumberland LEP

 20 February 2020

 

 

 

Attachment 4

Proposed Land Use Tables for the Special Purpose Zones in the new Cumberland LEP

 20 February 2020

 

Attachment 5

Proposed Land Use Tables for the Recreation Zones in the new Cumberland LEP

 20 February 2020

 

Attachment 6

Proposed Land Use Tables for the Environment Protection Zones in the new Cumberland LEP

 20 February 2020

Attachment 7

Proposed Land Use Tables for the Waterways Zones in the new Cumberland LEP

 20 February 2020

Attachment 8

Proposed approach for places of public worship in the new Cumberland LEP

 20 February 2020

Attachment 9

Proposed approach for sex services premises in the new Cumberland LEP

 20 February 2020