Inner West Local Environmental Plan 2022

This Plan is Inner West Local Environmental Plan 2022.

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

This Plan aims to make local environmental planning provisions for land in Inner West in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

The particular aims of this Plan are as follows—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

to encourage development that demonstrates efficient and sustainable use of energy and resources in accordance with ecologically sustainable development principles,

to conserve and maintain the natural, built and cultural heritage of Inner West,

to reduce community risk from and improve resilience to urban and natural hazards,

to encourage walking, cycling and use of public transport through appropriate intensification of development densities surrounding transport nodes,

to facilitate economic growth and employment opportunities within Inner West,

to encourage diversity in housing to meet the needs of, and enhance amenity for, Inner West residents,

to create a high quality urban place through the application of design excellence in all elements of the built environment and public domain,

to prevent adverse social, economic and environmental impacts on the local character of Inner West,

to prevent adverse social, economic and environmental impacts, including cumulative impacts.

This Plan applies to the land identified on the Land Application Map.

Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

This Plan, other than clause 6.33, does not apply to land to which State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021, Appendix 8 applies.

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

Notes in this Plan are provided for guidance and do not form part of this Plan.

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

approved by the local plan-making authority when the map is adopted, and

as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(Repealed)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note—

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note–

The following local environmental plans are repealed under this provision—

Ashfield Environmental Plan 2013

Leichhardt Local Environmental Plan 2013

Marrickville Local Environmental Plan 2011

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note–

However, the following local environmental plans continue to apply to the land identified as “Deferred matter” under clause 1.3(1A)—

Leichhardt Local Environmental Plan 2000

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

[Not applicable]

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

This clause does not apply—

to a covenant imposed by the Council or that the Council requires to be imposed, or

to a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or

to a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or

to relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or

to the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, with respect to a set aside area under the Local Land Services Act 2013, Part 5A, or

to a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

to a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

to a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

to a planning agreement within the meaning of the Act, Division 7.1.

This clause does not affect the rights or interests of any public authority under any registered instrument.

Under the Act, section 3.16, the Governor, before the making of this clause, approved of subclauses (1)–(3).