Marrickville Local Environmental Plan 2011 (Amendment No 18) (2020-268) LW 18 June 2020 (NSW)

New South Wales

Marrickville Local Environmental Plan 2011

(Amendment No 18)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

BRETT WHITWORTH

As delegate for the Minister for Planning and Public Spaces

Marrickville Local Environmental Plan 2011 (Amendment No 18) [NSW]

Marrickville Local Environmental Plan 2011 (Amendment No 18)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Marrickville Local Environmental Plan 2011 (Amendment No 18).

2      Commencement

This Plan commences on 16 July 2020 and is required to be published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to the following land at St Peters—

(a)	50–52 Edith Street (Lot 1, DP 745657 and Lot 1, DP 745014),
(b)	67 and 73–83 Mary Street (Lot 1, DP 180958 and Lot 1, DP 556914),
(c)	43 Roberts Street (Lot 1, DP 87885 and Lot A, DP 331215).

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 local plan-making authority on the making of this Plan.

Marrickville Local Environmental Plan 2011 (Amendment No 18) [NSW] Schedule 1 Amendment of Marrickville Local Environmental Plan 2011

Schedule 1	Amendment of Marrickville Local Environmental
Plan 2011

[1]      Clause 4.6 Exceptions to development standards

Insert after clause 4.6(8)(ca)—

(cb) clause 6.21(4).

[2]      Clause 6.21

Insert at the end of Part 6—

6.21 50–52 Edith Street, 67 and 73–83 Mary Street and 43 Roberts Street, St Peters

(1)

The objectives of this clause are as follows—

(a)	to ensure the ongoing provision of employment and service opportunities on the subject land,
(b)	to ensure that development on the subject land will not have a detrimental impact on the amenity, character and environmental quality of the surrounding area.

(2)

This clause applies to the following land at St Peters (the subject land)—

(a)	50–52 Edith Street (Lot 1, DP 745657 and Lot 1, DP 745014),
(b)	67 and 73–83 Mary Street (Lot 1, DP 180958 and Lot 1, DP 556914),
(c)	43 Roberts Street (Lot 1, DP 87885 and Lot A, DP 331215).

(3)

Development consent must not be granted to development that results in more than 50% of the gross floor area of all buildings on the subject land being used for the following purposes—

(a)	home businesses,
(b)	home industries,
(c)	home occupations,
(d)	residential accommodation,
(e)	tourist and visitor accommodation.

(4)

Development consent may be granted to development that results in a building on part of the subject land exceeding the maximum height shown for that part on the Height of Buildings Map if—

(a)	the development is within 1 metre of a part of the subject land that is subject, under clause 4.3, to a greater maximum building height, and
(b)	the development does not result in that greater maximum building height being exceeded, and
(c)	the development does not result in any unreasonable massing or amenity impacts to the surrounding area.

(5)

Development consent must not be granted to development on the subject land

unless—

(a)	a development control plan that provides for the matters specified in subclause (6) has been prepared for or applies to the land, or
(b)	the development is of a minor nature and is consistent with the objectives of the zone in which the land is situated.

(6)

The development control plan must provide for all of the following—

(a) design principles drawn from an analysis of the site and its context,

Marrickville Local Environmental Plan 2011 (Amendment No 18) [NSW] Schedule 1 Amendment of Marrickville Local Environmental Plan 2011

(b)	buildings to be retained in, and incorporated into, any future mixed use development,
(c)	distribution of land uses, including open space (its function and landscaping),
(d)	building envelopes and built form controls, including specified building storeys, and bulk, massing and modulation of buildings,
(e)	housing mixes, including affordable and adaptable housing,
(f)	vehicle access arrangements,
(g)	encouraging sustainable transport, including increased use of public transport, walking and cycling, and appropriate car parking provision,
(h)	improvements to the public domain,

(i)     the application of the principles of ecologically sustainable development,

(j)	environmental impacts such as overshadowing and solar access and visual and acoustic privacy,
(k)	the mitigation of aircraft noise (including through building design and the use of appropriate building materials).

[3]      Schedule 1 Additional permitted uses

Insert at the end of the Schedule, with appropriate clause numbering—

Use of certain land at 50–52 Edith Street, 67 and 73–83 Mary Street and 43

Roberts Street, St Peters

(1)

This clause applies to land to which clause 6.21 of this Plan applies.

(2)

Development for the purpose of a residential flat building is permitted with

development consent, but only as part of a mixed use development.