Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Plan consolidates local planning rules for the Inner West, replacing earlier local environmental plans for land shown on its maps and setting objectives on heritage, biodiversity, stormwater, acid sulfate soils, foreshore, airport noise, design excellence and housing mix. It applies only to mapped land and excludes deferred matters and some precinct SEPP areas.
The Council is the consent authority (cl.1.6). Developers face specific consent triggers and technical management plans (eg. acid sulfate soils cl.6.1), site‑specific controls and a large heritage schedule; some private covenants are suspended where the Plan permits development (cl.1.9A).
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Direct links to the current provisions in Inner West Local Environmental Plan 2022.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.1[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2022 (727), Sch 4.3; 2022 (857), Sch 1.1[1] (am 2023 (82), Sch 1.6[1]; 2023 (188), Sch 1.4[1]–[7]); 2023 (6), Sch 1[2] [3]; 2023 No 52, Sch 2.3; 2024 (42), Sch 1.24[1]; 2025 (187), Sch 1[1].
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4 Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone SP2 Infrastructure and marked “Carpark” | Council | | Zone SP2 Infrastructure and marked “Drainage” | Sydney Water Corporation |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1m below the natural ground surface.Works by which the watertable is likely to be lowered more than 1m below the natural ground surface. | | 4 | Works more than 2m below the natural ground surface.Works by which the watertable is likely to be lowered more than 2m below the natural ground surface. | | 5 | Works within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5m Australian Height Datum and by which the watertable is likely to be lowered below 1m Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Development consent is not required under this clause for the carrying out of any of the following works by a public authority, including ancillary work such as excavation, construction of access ways or the supply of power—
(a) emergency work involving the repair or replacement of the works of the public authority required to be carried out urgently because the works—
(i) have been damaged, or
(ii) have ceased to function, or
(iii) pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority, other than work involving the disturbance of more than 1 tonne of soil,
(c) minor work, being work that costs less than $20,000, other than drainage work.
(6) Development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Part 7 Dulwich Grove land
7.1 Definitions
In this Part—
Block A means Lots 1–4, DP 542147.
Block B means—
(a) Lots 1 and 2, DP 540366, and
(b) Lots 1–3 and 5–7, DP 236603.
Dulwich Grove land means the land identified as “Area 14” on the Key Sites Map.
Part 8 206 Parramatta Road and 122–128 and 130 Pyrmont Bridge Road, Camperdown
pt 8: Ins 2023 (239), Sch 1[5].
8.1 Land to which part applies
This part applies to the following land in Camperdown, identified as “Area M” on the Key Sites Map—
(a) Lot 1, DP 539271, 206 Parramatta Road,
(b) Lots 3–6 and 12, Section 1, DP 976387, 122–128 Pyrmont Bridge Road,
(c) Lot 100, DP 1101482, 130 Pyrmont Bridge Road.
cl 8.1: Ins 2023 (239), Sch 1[5].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2022 (857), Sch 1.1[16]–[19] [21]; 2023 (6), Sch 1[8]–[13]; 2023 (240), Sch 1[2]; 2024 (42), Sch 1.24[2]–[8]; 2025 (187), Sch 1[3].
9 Use of certain land at 55–63 Smith Street, Summer Hill
(1) This clause applies to Lot 13, Section 1, DP 560, Lot 1, DP 796910 and Lot 1, DP 905473, 55–63 Smith Street, Summer Hill, identified as “9” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises,
(c) recreation facilities (indoor),
(d) self-storage units.
10 Use of certain land at Buchanan and Reynolds Streets, Balmain
(1) This clause applies to Lots 85–93 and 126–145, SP 65243, Buchanan and Reynolds Streets, identified as “10” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) kiosks,
(c) office premises,
(d) recreation facilities (indoor),
(e) restaurants or cafes,
(f) roadside stalls,
(g) shops.
11 Use of certain land at Gladstone Park, Darvall Street, Balmain
(1) This clause applies to part of Lot 1, DP 724348, Gladstone Park, Darvall Street, Balmain, identified as “11” on the Additional Permitted Uses Map.
(2) Development for the purposes of registered clubs is permitted with development consent.
12 Use of certain land at 3–7 Rosebery Place, Balmain
(1) This clause applies to Lots 1–20, SP 60158, SP 60159 and Lots 5–9, SP 62009, 3–7 Rosebery Place, Balmain, identified as “12” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) kiosks,
(c) office premises,
(d) restaurants or cafes,
(e) roadside stalls,
(f) shops.
13 Use of certain land at 1 Canal Road, Leichhardt
(1) This clause applies to Lot 103, DP 826775, 1 Canal Road, Leichhardt, identified as “13” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) building identification signs,
(b) business identification signs,
(c) entertainment facilities,
(d) industrial retail outlets,
(e) information and education facilities,
(f) light industries,
(g) markets,
(h) restaurants or cafes,
(i) take away food and drink premises.
(3) Development for the purposes of office premises is permitted with development consent if—
(a) no more than 20% of the gross floor area of the building is used for office premises, and
(b) the gross floor area of a single premises used for office premises does not exceed 300m2.
14 Use of certain land at 91 Canal Road, Leichhardt
(1) This clause applies to Lot 1, DP 1070825, 91 Canal Road, Leichhardt, identified as “14” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) building identification signs,
(b) entertainment facilities,
(c) industrial retail outlets,
(d) information and education facilities,
(e) light industries,
(f) markets,
(g) restaurants or cafes,
(h) take away food and drink premises.
(3) Development for the purposes of office premises is permitted with development consent if—
(a) no more than 20% of the gross floor area of the building is used for office premises, and
(b) the gross floor area of a single premises used for office premises does not exceed 300m2.
15 Use of certain land at 237 Marion Street, Leichhardt
(1) This clause applies to Lot 121, DP 1106716, 237 Marion Street, Leichhardt, identified as “15” on the Additional Permitted Uses Map.
(2) Development for the purposes of seniors housing is permitted with development consent.
16 (Repealed)
17 Use of certain land at 68 Glover Street, 66 and 70 Mary Street, Lilyfield
(1) This clause applies to part of Lot 6643, DP 1137663, 68 Glover Street and 66 and 70 Mary Street, Lilyfield, identified as “17” on the Additional Permitted Uses Map.
(2) Development for the purposes of function centres is permitted with development consent if the development will be located in an existing building.
(3) In this clause—
existing building includes a building that has not yet been erected but in relation to which development consent has been granted.
18 Use of certain land at 469–483 Balmain Road, Lilyfield
(1) This clause applies to Lot 2, DP 1015843, 469–483 Balmain Road, Lilyfield, identified as “18” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
(3) This clause ceases to have effect at the beginning of 26 February 2024 if a development application for consent to carry out development on the land for the purposes of residential flat buildings has not been made before that day.
19 Use of certain land at 35 and 41 Terry Street, Rozelle
(1) This clause applies to Lots 84 and 85, SP 72790 and Lot 1, SP 58291, 35 and 41 Terry Street, Rozelle, identified as “19” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) kiosks,
(c) office premises,
(d) restaurants or cafes,
(e) roadside stalls,
(f) shops.
20 Use of certain land at Smith Street, Rozelle
(1) This clause applies to Lots 1 and 2, DP 782330, Lot 1, DP 782348 and Lot 1, DP 228261, Smith Street, Rozelle, identified as “20” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) boarding houses,
(b) function centres,
(c) hospitals,
(d) markets,
(e) places of public worship,
(f) public administration buildings,
(g) residential care facilities,
(h) seniors housing,
(i) telecommunication facilities.
21 Use of certain land at 147 New Canterbury Road, Lewisham
(1) This clause applies to Lot 100, DP 1275792, 147 New Canterbury Road, Lewisham, identified as “21” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings as part of mixed use development is permitted with development consent, if—
(a) no more than 55% of the total ground floor area of the building will be used for the purposes of dwellings, spaces for the loading or unloading of goods and car parking (including access to those uses), and
(b) any dwelling located on the ground floor will not have frontage to New Canterbury Road.
22 Use of certain land at Old Canterbury Road, Lewisham
(1) This clause applies to the following land at Old Canterbury Road, Lewisham, identified as “22” on the Additional Permitted Uses Map—
(a) SP 88286,
(b) SP 91740,
(c) SP 92716,
(d) part of SP 93231,
(e) Lot B, DP 356705,
(f) Lot B, DP 414124,
(g) Lot 2, DP 931170,
(h) Lot 1, DP 952897,
(i) Lot 34, DP 1210614.
(2) Development for the purposes of residential accommodation as part of mixed use development is permitted with development consent.
23 Use of certain land at 776–798 Parramatta Road, Lewisham
(1) This clause applies to Lots 16 and 17, DP 2357, Lot 1, DP 74199, Lot 1, DP 658435 and part of Lot 1, DP 1010446, 776–798 Parramatta Road, Lewisham, in Zone E3, identified as “23” on the Additional Permitted Uses Map.
(2) Development for the purposes of boarding houses is permitted with development consent.
24 Use of certain land at Addison Road and 55 Philpott Street, Marrickville
(1) This clause applies to the following land at Marrickville, identified as “24” on the Additional Permitted Uses Map—
(a) certain land on Addison Road between Perry Street and Fotheringham Lane, Marrickville,
(b) Lots 1, 4 and 7–10, DP 1525,
(c) Lot 1, DP 34889,
(d) Lots A and B, DP 328206,
(e) Lots 1 and 2, DP 607811,
(f) Lot 1, DP 922609,
(g) Lots 5 and 6, DP 936185,
(h) Lot 2308, DP 1134290,
(i) Lot 1, DP 1199444,
(j) Part of Lot 23, DP 1201826,
(k) Lot 1, DP 111976,
(l) Lot 1, DP 900901,
(m) Lot 1, DP 120120,
(n) Lot 100, DP 1207627.
(2) Development for the purposes of residential accommodation as part of mixed use development is permitted with development consent.
25 Use of certain land at 72 Frampton Avenue, Marrickville
(1) This clause applies to Lot 19, DP 4433, 72 Frampton Avenue, Marrickville, identified as “25” on the Additional Permitted Uses Map.
(2) Development for the purposes of warehouse and distribution centres is permitted with development consent.
26 Use of certain land at 74 Frampton Avenue, Marrickville
(1) This clause applies to Lot 18, DP 4433, 74 Frampton Avenue, Marrickville, in Zone R2 Low Density Residential, identified as “26” on the Additional Permitted Uses Map.
(2) Development for the purposes of warehouse and distribution centres is permitted with development consent.
27 Use of certain land at Illawarra Road, Thornley Street and Warne Place, Marrickville
(1) This clause applies to Lot 2, DP 187772, Lot 2, DP 388798 and SP 87838, 525, 527 and 529 Illawarra Road and land at Illawarra Road between Thornley Street and Warne Place, identified as “27” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises,
(c) restaurants or cafes,
(d) shops,
(e) take away food and drink premises.
28 Use of certain land at 689–713 and 717–741 Princes Highway and 2E Union Street, Tempe
(1) This clause applies to the following land at 689–713 and 717–741 Princes Highway and 2E Union Street, Tempe, identified as “28” on the Additional Permitted Uses Map—
(a) Lot 2, DP 33100,
(b) Lots A and C, DP 110314,
(c) Lots 1 and 2, DP 124323,
(d) Lot 1, DP 124351,
(e) Lots A and B, DP 155790,
(f) Lots 3–6, DP 208829,
(g) Lot 1, DP 315997,
(h) Lot 1, DP 316909,
(i) Lot 1, DP 326556,
(j) Lot A and B, DP 327982,
(k) Lots A and B, DP 343351,
(l) Lots 100–102, DP 803286,
(m) Lot 1, DP 995524.
(2) Development for the purposes of retail premises is permitted with development consent.
29 Use of certain land at 313–319 Marrickville Road and 178–180 Livingstone Road, Marrickville
(1) This clause applies to Lot 1, DP 1230265 and SP 99426, 313–319 Marrickville Road and 178–180 Livingstone Road, Marrickville, identified as “29” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) residential flat buildings as part of mixed use development that contains a non-residential use permitted in the zone,
(b) residential flat buildings within heritage buildings on the land.
30 Use of certain land at 394 Marrickville Road, Marrickville
(1) This clause applies to Lot 1, Section 1, DP 5482, 394 Marrickville Road, Marrickville, identified as “30” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises and offices premises is permitted with development consent.
31 Use of certain land at 32–72 Alice Street, Newtown
(1) This clause applies to Lots 2 and 3, DP 1190094 and SP 88894, 32–72 Alice Street, Newtown, identified as “31” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential accommodation as part of mixed use development is permitted with development consent.
32 Use of certain land at 5–11 Chester Street, Petersham
(1) This clause applies to Lots A and B, DP 438174, Lots 1, 2 and 3, DP 598422, Lot A, DP 110183 and Lot 3, DP 1091310, 5–11 Chester Street, Petersham, in Zone R4 High Density Residential, identified as “32” on the Additional Permitted Uses Map.
(2) The following development is permitted with development consent—
(a) development for the purposes of car parks,
(b) development that is permissible in Zone E1.
(3) Development consent must not be granted to development unless the consent authority is satisfied the development will be carried out in conjunction with development on land to which clause 33 applies.
33 Use of certain land at 6 Livingstone Road, Petersham
(1) This clause applies to Lot 11, DP 1145054, 6 Livingstone Road, Petersham, in Zone E1, identified as “34” on the Additional Permitted Uses Map.
(2) Development that is permissible in Zone R4 High Density Residential is permitted with development consent.
(3) Development consent must not be granted to development unless the consent authority is satisfied the development will be carried out in conjunction with development on land to which clause 32 applies.
34 Use of certain land at 2–14 Fisher Street and 126 Crystal Street, Petersham
(1) This clause applies to Lot 1, DP 587859 and Lot 2, DP 1272415, 2–14 Fisher Street and 126 Crystal Street, Petersham, identified as “33” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
35 Use of certain land at 3–7 Regent Street, Petersham
(1) This clause applies to Lot 1, DP 629058, 3–7 Regent Street, Petersham, identified as “35” on the Additional Permitted Uses Map.
(2) Development for the purposes of registered clubs is permitted with development consent.
36 (Repealed)
37 Use of certain land at Applebee Street and May Street, St Peters
(1) This clause applies to 9–51 May Street, 20–56 May Street and 3 Applebee Street, St Peters, identified as “37” on the Additional Permitted Uses Map.
(2) Development for the purposes of retail premises in relation to engineering supplies, tools or vehicle parts and accessories is permitted with development consent.
38 Use of certain land at 500 Princes Highway, St Peters
(1) This clause applies to Lot 1, DP 1225110, 500 Princes Highway, St Peters, identified as “38” on the Additional Permitted Uses Map.
(2) Development for the purposes of retail premises in relation to engineering supplies, tools or vehicle parts and accessories, is permitted with development consent.
39 Use of certain land at 162 Unwins Bridge Road, St Peters
(1) This clause applies to Lots 20–22, Section B, DP 726, 162 Unwins Bridge Road, St Peters, identified as “39” on the Additional Permitted Uses Map.
(2) Development for the purposes of landscaping material supplies is permitted with development consent.
40 Use of certain land at Railway Road, Sydenham
(1) This clause applies to the following land at Railway Road, Sydenham, identified as “40” on the Additional Permitted Uses Map—
(a) Lot 148, DP 750, 34 Railway Road,
(b) Lot 2, DP 908492, 36 Railway Road,
(c) Lot 1, DP 126348, 38 Railway Road,
(d) Lot B, 438088, 40 Railway Road,
(e) Lot A, DP 438088, 42 Railway Road,
(f) Lot 151, DP 750, 44 Railway Road,
(g) Lot B, DP 319429, 46 Railway Road,
(h) Lot A, DP 319429, 48 Railway Road,
(i) Lot B, DP 436158, 50 Railway Road,
(j) Lot A, DP 436158, 52 Railway Road,
(k) Lot 1, DP 1079501, 54 Railway Road,
(l) Lot 2, DP 1079501, 54A Railway Road.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises.
41 Use of certain land at 24A Railway Road, Sydenham
(1) This clause applies to Lots 82–84, DP 750, 24A Railway Road, Sydenham, identified as “41” on the Additional Permitted Uses Map.
(2) Development for the purposes of places of public worship is permitted with development consent.
42 Use of certain land at Marrickville Road and Railway Parade, Marrickville
(1) This clause applies to the following land at Marrickville Road and Railway Parade, Marrickville, identified as “42” on the Additional Permitted Uses Map—
(a) Lots 30 and 31, Section 2, DP 1567,
(b) Lots 38 and 39, DP 4510,
(c) Lots 4–10 and 17–19, DP 17161,
(d) Lot B, DP 191097,
(e) Lots 1 and 2, DP 201053,
(f) Lots 1 and 2, DP 203064,
(g) Lot A, DP 333549,
(h) Lot 11, DP 601964,
(i) Lot 121, DP 791562,
(j) Lot 1, DP 940555,
(k) Lot 1, DP 999959,
(l) Lot 1, DP 1092672.
(2) Development for the following purposes is permitted with development consent—
(a) restaurants or cafes,
(b) small bars.
43 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 6.27 of this Plan applies, identified as “43” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings as part of mixed use development is permitted with development consent.
44 Use of certain land at 20 Smidmore Street, Marrickville
(1) This clause applies to Lot 10, DP 1255587, 20 Smidmore Street, Marrickville, identified as “44” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) centre-based child care facilities,
(c) community facilities,
(d) medical centres,
(e) retail premises.
45 Use of certain land at 73–97 and 136–162 Marrickville Road, Marrickville
(1) This clause applies to the following land at 73–97 and 136–162 Marrickville Road, Marrickville, identified as “45” on the Additional Permitted Uses Map—
(a) Lots 1–6 and 12–14, Section 1, DP 1465,
(b) Lots 1, 2 and 4, Section 2, DP 1567,
(c) CP/SP 40508,
(d) Lot 7, DP 654771,
(e) Lot 1, DP 740023,
(f) Lot A, DP 900314,
(g) Lots 1 and 2, DP 927850,
(h) Lot 100, DP 1035862.
(2) Development for the purposes of retail premises is permitted with development consent.
46 Use of certain land for advertising structures, registered clubs, restricted premises, self-storage units, sex services premises and tourist and visitor accommodation in Zone E1
(1) This clause applies to land identified as “51” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(aa) advertising structures,
(a) registered clubs,
(b) restricted premises,
(ba) self-storage units,
(c) sex services premises,
(d) tourist and visitor accommodation.
47 Use of certain land for amusement centres, food and drink premises, entertainment facilities and registered clubs in Zone E3
(1) This clause applies to land identified as “47” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) amusement centres,
(b) food and drink premises,
(c) entertainment facilities,
(d) registered clubs.
48 Use of certain land for resource recovery facilities in Zone E3
(1) This clause applies to land identified as “48” on the Additional Permitted Uses Map.
(2) Development for the purposes of resource recovery facilities is permitted with development consent.
49 Use of certain land for vehicle body repair workshops in Zone E4
(1) This clause applies to land identified as “49” on the Additional Permitted Uses Map.
(2) Development for the purposes of vehicle body repair workshops is permitted with development consent.
50 Use of certain land for dwelling houses in Zone E1
(1) This clause applies to land identified as “50” on the Additional Permitted Uses Map.
(2) Development for the purposes of dwelling houses is permitted with development consent.
51 Use of certain land at 58–76 Stanmore Road, Stanmore
(1) This clause applies to the following land at 58–76 Stanmore Road, Stanmore, identified as “52” on the Additional Permitted Uses Map—
(a) Lots A and B, DP 308880,
(b) part of Lot 1, DP 105806,
(c) part of Lot 1, DP 121240.
(2) Development for the purposes of residential flat buildings as part of a mixed use development is permitted with development consent if at least 1,550m2 of the gross floor area of the mixed use development is used for the purposes of commercial premises and registered clubs.
52 Use of certain land for restricted premises in Zone E3
(1) This clause applies to land identified as “53” on the Additional Permitted Uses Map.
(2) Development for the purposes of restricted premises is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Advertisements—bus and taxi rank shelter signs
(1) Must be located on land owned or managed by Council.
(2) Must not extend beyond the perimeter of the shelter.
(3) Only 1 advertising panel per shelter that may comprise an advertisement on 2 sides.
(4) Must not contain flashing or neon signage.
(5) Must not obstruct pedestrian paths of travel.
(6) Must not obstruct the line of sight of vehicular traffic.
Advertisements—business identification signs in residential zones
(1) Maximum of 1 sign per premises.
(2) Maximum area of 0.75m2.
(3) If located on a pole, must not extend above 2m from natural ground level.
(4) Must not be illuminated.
(5) Must not be constructed or installed on or in a heritage item or draft heritage item.
(6) Must not protrude above an awning.
(7) If over a public road, must be at least 2.6m above the ground or pavement level.
Advertisements—signs not visible from outside site on which they are displayed
(1) Must be non-moving.
(2) Must be associated with the lawful use of the building, except for temporary signs.
(3) Must not be an “A” frame sign.
(4) Must not be flashing.
Letterboxes on or in a heritage item or draft heritage item
(1) Must not be higher than 1.2m above ground level (existing).
(2) Must be visible from the road.
(3) Must have numbering that is visible from the road.
(4) Maximum width—0.6m.
(5) Maximum depth—0.6m.
(6) Must be structurally stable with adequate footings.
(7) Must be designed, fabricated and installed in accordance with applicable Australian Standards.
(8) Must be designed to complement the architectural style of the building in relation to style and materials.
(9) Must not involve damage to, or removal of, historical fabric or trees or vegetation subject to protection.
(10) 1 letterbox per site.
External lighting
(1) Must not be for the lighting of tennis courts or sports fields.
(2) Must not cause glare to adjoining properties or streets.
(3) Must be for domestic purposes.
(4) Must comply with AS 4282—1997, Control of the obtrusive effects of outdoor lighting.
(5) Must be limited to one in the front setback and must not cause damage to significant or early fabric.
Minor routine maintenance of heritage items or on land in heritage conservation areas
(1) Must comprise limited repairs of a minor nature of one or more of the following works—
(a) repainting existing painted surfaces,
(b) the maintenance of a window, glazing areas or a door,
(c) the maintenance of non-structural wall cladding,
(d) the maintenance of a balustrade or fence,
(e) the replacement of a timber paling fence located behind the building line,
(f) the maintenance of existing roof sheeting or replacement of broken or damaged tiles or slate, or
(g) the maintenance of existing landscape structures and retaining walls by either repointing or reinstating mortar or the introduction of matching materials that comprise less than 5% of the external surface,
(h) the installation of insulation material in the ceiling, floor or wall of a building if it—
(i) can be easily removed, and
(ii) does not involve disturbance of, damage to or removal of original or early fabric,
(i) the replacement of services, including cabling, plumbing, wiring or fire services, that use existing service routes, cavities or voids or replace existing surface-mounted services but do not involve damage to, or the removal of, significant fabric,
(j) if the land is in a heritage conservation area—the installation of—
(i) lightweight perforated security screens or grills on a door or window, or
(ii) a security door that does not include roller shutters.
(2) Must not comprise the making of, or an alteration to the size of, an opening in a wall or roof, such as a doorway, window or skylight.
(3) Must not affect the building’s emergency exits.
(4) Must not affect a fire resisting component of the building.
(5) If repointing in sandstone, must use soft mortar that is a lime rich or composite mortar.
(6) Materials and colours must be the same as existing materials, profiles, fixings and colours.
(7) Replacement glass must meet applicable Australian Standards.
Public art on footpaths, including sculptures, murals and pavement installations
(1) Must be installed by or on behalf of Council.
(2) Must be structurally sound.
(3) Must not contain advertising material.
(4) Must be designed, fabricated and installed in accordance with applicable Australian Standards.
(5) Must allow a minimum 1.5m wide pathway for pedestrians.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2022 (857), Sch 1.1[22].
Change of use of land from restaurant or cafe to small bar or from small bar to restaurant or cafe
Land must be in Zone E1 or E2.
Note—
The use of a footpath as an outdoor dining area may be exempt development if it is associated with a restaurant or cafe or small bar under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 2, Division 1, Subdivision 20A.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Condition that applies to change of use of land from restaurant or cafe to small bar or from small bar to restaurant or cafe
(1) This clause applies to a change of use of land—
(a) from a restaurant or cafe to a small bar, or
(b) from a small bar to a restaurant or cafe.
(2) The development is subject to a condition that the new use must be in accordance with the conditions of development consent applying to the old use that relate to hours of operation, noise, car parking, loading, vehicular movement, traffic generation, waste management and landscaping.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2024 (31), Sch 1; 2024 (396), Sch 1[1]–[8]; 2024 (555), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Inner West Local Environmental Plan 2022.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) 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.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage development that demonstrates efficient and sustainable use of energy and resources in accordance with ecologically sustainable development principles,
(b) to conserve and maintain the natural, built and cultural heritage of Inner West,
(c) to reduce community risk from and improve resilience to urban and natural hazards,
(d) to encourage walking, cycling and use of public transport through appropriate intensification of development densities surrounding transport nodes,
(e) to facilitate economic growth and employment opportunities within Inner West,
(f) to encourage diversity in housing to meet the needs of, and enhance amenity for, Inner West residents,
(g) to create a high quality urban place through the application of design excellence in all elements of the built environment and public domain,
(h) to prevent adverse social, economic and environmental impacts on the local character of Inner West,
(i) to prevent adverse social, economic and environmental impacts, including cumulative impacts.
cl 1.2: Am 2023 (6), Sch 1[1].
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
(1B) 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.
cl 1.3: Am 2022 (769), Sch 2.1[1].
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) 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.
(1AA) (Repealed)
(2) 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.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) 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.
1.8 Repeal of planning instruments applying to land
(1) 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
(2) 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
1.8A Savings provision relating to development applications
(1) 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.
(2) 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.
cl 1.8A: Am 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(1) 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.
(2) [Not applicable]
1.9A Suspension of covenants, agreements and instruments
(1) 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.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or
(c) to a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or
(e) 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
(f) to a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) 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
(h) 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
(i) to a planning agreement within the meaning of the Act, Division 7.1.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under the Act, section 3.16, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.1[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes—
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maxi
This is an opening excerpt, not the complete document.