Marrickville Local Environmental Plan 2011 (Amendment No 14) (2017-683) LW 1 December 2017 (NSW)

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New South Wales

Marrickville Local Environmental Plan 2011

(Amendment No 14)

under the

Environmental Planning and Assessment Act 1979

The Greater Sydney Commission makes the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

MARCUS RAY

As delegate for the Greater Sydney Commission

Marrickville Local Environmental Plan 2011 (Amendment No 14)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Marrickville Local Environmental Plan 2011 (Amendment No 14).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to land shown coloured green and identified as “K” on the Key

Sites Map.

4      Maps

The maps adopted by Marrickville Local Environmental Plan 2011 are amended or replaced, as the case requires, by the maps approved by the Greater Sydney Commission on the making of this Plan.

Schedule 1

Amendment of Marrickville Local Environmental

Plan 2011

[1]      Clause 4.6 Exceptions to development standards

Insert after clause 4.6 (8) (c):

(ca)

clause 6.17 or 6.18.

[2]      Part 6 Additional local provisions

Insert after clause 6.16:

6.17

Development on certain land at Victoria Road, Marrickville

(1)

The objective of this clause is to ensure that development on land at Victoria Road, Marrickville occurs in accordance with a development control plan to manage the transition from industrial land uses to residential and commercial land uses.

(2)

This clause applies to land shown coloured green and identified as “K” on the

Key Sites Map.

(3)

Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the following matters has been prepared for the land:

(a)

the upgrading of road networks and intersections on the land and surrounding areas,

(b)

transport connections on the land and within surrounding areas (including the layout of laneways, bicycle routes and other connections),

(c)

the protection of items and areas of heritage significance,

(d)

the management and mitigation of the impact of existing industrial development in the surrounding areas on the amenity of proposed residential development on the land,

(e)

the impacts of the development on the surrounding residential and industrial areas and the amenity of the neighbourhood,

(f)

the mitigation of aircraft noise (including through building design and the use of appropriate building materials),

(g)

the management of drainage and flood risks,

(h)

a network of active and passive recreation areas,

(i)

the protection of public open spaces (including from overshadowing).

(4)

Subclause (3) does not apply to development for any of the following

purposes:

(a)

a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b)

a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

(c)

a subdivision of land in a zone in which the erection of structures is prohibited,

(d)

development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.

6.18

Arrangements for designated State public infrastructure in relation to

development on certain land at Victoria Road, Marrickville

(1)

The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the development of certain land at Victoria Road, Marrickville for the purposes of residential accommodation, commercial premises and mixed use development in order to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(2)

This clause applies to land shown coloured green and identified as “K” on the

Key Sites Map.

(3)

Despite any other provision of this Plan, development consent must not be granted for development for the purposes of residential accommodation, commercial premises or mixed use development on the land to which this clause applies unless the Secretary has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to the land on which the development is to be carried out.

(4)

This clause does not apply to a development application to carry out

development on land to which this clause applies if:

(a)

all or any part of the land to which the application applies is a special contributions area (as defined by section 93C of the Act), or

(b)

the development will not result in an increase in residential accommodation, commercial premises or mixed use development.

(5)

In this clause:

designated State public infrastructure means public facilities or services that

are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a)

State and regional roads,

(b)

bus interchanges and bus lanes,

(c)

land required for regional open space,

(d)

social infrastructure and facilities (such as schools, hospitals,

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