Cumberland Local Environmental Plan 2020 - Draft plan

As a new City, Cumberland requires planning controls that reflect the needs of our current and future community. The introduction of new planning controls – through a Cumberland Local Environmental Plan and Cumberland Development Control Plan – will provide a simpler and more consistent planning framework for Cumberland.

A Local Environmental Plan (LEP) is the primary legal planning document for guiding land use and planning decisions made by Council. The LEP allows Council to plan and regulate growth and development in a sustainable way through appropriate zoning and development controls.

Cumberland City Council is currently operating under three separate Local Environmental Plans, which represent the planning controls for the Cumberland City area prior to amalgamation. These include:

Auburn Local Environmental Plan 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland).

Parramatta Local Environmental Plan 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland).

Holroyd Local Environmental Plan 2013, which applies to land in the former Holroyd City Council area (western part of Cumberland).

The current approach does not provide an integrated planning framework for Cumberland City, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.

The new Local Environmental Plan is not intended to be a comprehensive review of all planning controls, but a harmonisation (or consolidation) of the existing Local Environmental Plans applicable across Cumberland City.

Council’s approach to the consolidation of Cumberland’s three legacy Local Environmental Plans is summarised ‘in principle’ below.

·  As far as practicable, apply the same planning approach across Cumberland City (focus on creating a consistent set of general land use policies and development controls for Cumberland).

·  Adopt Standard Instrument Local Environmental Plan clauses as required, with local content included where possible.

·  Use ‘best-fit’ to retain/continue current planning outcomes in instances where the existing Local Environmental Plans operating in Cumberland do not align.

·  Introduce new policy/planning approach only if appropriate.

The primary focus of the new Cumberland Local Environmental Plan is to harmonise (or consolidate) existing planning controls into a single planning framework for Cumberland City.

Other changes are also identified in the new Local Environmental Plan.  These include:

·  A consistent minimum lot size for dual occupancy development in Cumberland of 585 square metres

·  Targeted changes to planning controls at selected locations, including Auburn Town Centre, Lidcombe Town Centre, Parramatta Road Corridor, Woodville Road corridor and government owned sites

·  New Cumberland Heritage List, with the proposed delisting of nine heritage items that no longer meet the NSW heritage criteria for assessing heritage significance

·  Consistent planning approach for places of public worship

·  Consistent planning approach for sex services premises

Where no changes are proposed, the existing planning controls will carry over into the new Local Environmental Plan for Cumberland City.

Before a Local Environmental Plan can be made, Council is required to prepare, publicly exhibit and adopt a Planning Proposal that explains the intended effect of the proposed Local Environmental Plan and sets out the justification for making that plan.

The Planning Proposal for the new Cumberland Local Environmental Plan describes how Council intends to harmonise the planning controls of the existing Auburn, Parramatta and Holroyd Local Environmental Plans into a single set of planning controls for Cumberland. It has been prepared in accordance with the relevant Department of Planning, Industry and Environment’s guidelines for preparing planning proposals and Local Environmental Plans, and includes the following:

Part 1 – A statement of the objectives and intended outcomes of the proposed Cumberland Local Environmental Plan

Part 2 – An explanation of the provisions that are to be included in the proposed Cumberland Local Environmental Plan

Part 3 – The justification for those objectives, outcomes and the process for their implementation

Part 4 – Maps, where relevant, to identify the intent of the planning proposal and the area to which it applies

Part 5 – Details of the community consultation that is to be undertaken on the planning proposal

Changes to the Environmental Planning and Assessment Act in March 2018 require all metropolitan councils to review and amend their existing Local Environmental Plans to make sure they align with the relevant District Plan and Greater Sydney Region Plan.

Council recently adopted Cumberland 2030: Our Local Strategic Planning Statement which describes how Cumberland City will develop and grow over the next 10 years, consistent with State and local policy, and community aspirations. It sets a land use vision and establishes priorities and actions for Council to manage growth and change.

The Planning Proposal for the new Cumberland Local Environmental Plan is an important first step towards implementing the strategic land use framework for Cumberland City outlined in Cumberland 2030: Our Local Strategic Planning Statement, and in meeting the requirements of the Environmental Planning and Assessment Act to align with the Central City District Plan.

The new Local Environmental Plan does not introduce new development controls on the majority of land in Cumberland City.  However, there are minor changes to the type of development that may or may not be permissible and these are outlined in the Planning Proposal for the new Local Environmental Plan.

Following public consultation, Council will review the submissions received on the draft planning controls.  Changes may be made to the new planning controls following community feedback. The recommended new planning controls for Cumberland City will be presented for Council endorsement in mid 2020.  Once endorsed, the planning controls will be finalised by Council and the NSW Government in the second half of 2020.

The new Local Environmental Plan proposes to carry over the existing zoning on the majority of land in Cumberland City.  However, changes to zoning are proposed at selected locations and are outlined in the Planning Proposal for new Local Environmental Plan.

You may lodge a development application (DA) at any time in accordance with the current Auburn, Parramatta or Holroyd Local Environmental Plan requirements. However, the Planning Proposal for the draft Cumberland Local Environmental Plan will be considered as part of the assessment process. The extent to which the draft Local Environmental Plan affects the proposed development is determined on a case-by-case basis, depending on the specific elements of the proposed development.