Inner West Local Environmental Plan 2022

The objective of this clause is to ensure certain development occurs in a logical and cost-effective way after a development control plan including specific controls has been prepared.

This clause applies to land identified as “Area 1” on the Key Sites Map if—

the land has an area of at least 3,000m² or a water frontage of at least 20m, and

the development involves—

the erection of a building,

an increase of more than 5% in the gross floor area of an existing building, and

alterations to at least 75% of the facade of an existing building fronting a street, and

more than 75% of the site coverage of existing buildings on the land.

This clause does not apply to land identified as “N” on the Key Sites Map.

Development consent must not be granted to development to which this clause applies unless a development control plan providing for detailed development controls has been prepared for the land.

The development control plan must provide for the following—

the compatibility of the development with the desired character of the area,

whether the form and external appearance of the development will improve the quality and amenity of the public domain,

whether the development has an adverse impact on view corridors,

the suitability of the site for the development,

the existing and proposed mix of land uses,

cultural, heritage and archaeological issues,

streetscape constraints,

the height, bulk, scale, massing and modulation of buildings,

the heights of buildings with street frontages,

environmental constraints, including contamination and acid sulfate soils,

environmental impacts, including the following—

overshadowing,

wind,

reflectivity,

light spill and noise from adjoining development,

whether the development incorporates the principles of ecologically sustainable development,

overall transport hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, with particular regard to public transport, pedestrians and cyclists,

the development’s relationship and integration with existing and proposed public transport facilities,

the overall landscaping of the site,

stormwater management.

Subclause (3) does not apply to the following development—

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

subdivision of land if at least 1 resulting lot will be reserved or dedicated for public open space, public roads or another public or environment protection purpose, or

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

Subclause (3) does not apply if the consent authority is satisfied—

a development control plan would be unreasonable or unnecessary in the circumstances, or

the development is of a minor nature and is consistent with the objectives of the zone in which the land is located, or

the development involves only alterations or additions to an existing building that do not—

significantly increase the height or gross floor area of the building, or

have significant adverse impacts on adjoining buildings or the public domain, or

significantly alter any aspect of the building when viewed from a public place.

This clause does not apply to development on land identified as “Area 15” or “Area 18” on the Key Sites Map.