More model clauses for LEPs

14 January 2011

The NSW Department of Planning has released a second round of “model” clauses that may be included in local environmental plans. We provided comment on the draft version of these clauses and it is encouraging to note that some of our comments have been accepted.

For instance, we objected strongly to the use of LEP clauses that insist on “active” ground floor uses such as retail, for inclusion in a development, when retail will unlikely be successful in locations due to lack of pedestrian traffic.

We’re disappointed that the clause will still proceed, but the Department has partly responded to our concerns. It has included advice to councils when considering the application of a local clause requiring “active street frontages”. Councils have been told that such a “clause must be justifiable and applied only where it will not constrain uses able to respond to changing economic drivers”.

Furthermore the application of this clause to the B2 Local Centre zone “would need support from the Regional office where soundly justified through council’s strategic planning for local activity centres”.

We also highlighted drafting errors in model clauses for use in locations subject to aircraft noise. The Department of planning has amended the clause accordingly.

More information on model clauses is here.  Our original submission to the Department of Planning is here.