Each shire in NSW has a Local Environmental Plan (LEP). It includes a map showing every property in the shire and the zoning of each property. Each zone has a three-way list of land uses – each use is ‘permitted without consent’ or ‘permitted with consent’ or ‘prohibited’.
The NSW government says at planning.nsw.gov.au: ‘LEPs are the main planning tool for shaping the future of communities and ensuring local development is done appropriately’.
A LEP is a community’s document describing what it wants, where, within a shire. It can only be altered after community consultation and is not subject to appeal by developers.
The Council carpark at 70 Station Street is zoned MU1 = Mixed Use. Council’s preferred site for its ‘affordable housing’ project at 57 Station Street is zoned E1 = Local Centre.
Under our LEP residential accommodation is prohibited at both sites.
However, dwelling houses and multi-dwelling housing are permitted with consent in MU1, i.e. on the Council car park.
On the town car park at 57 Station Street those two land uses are not listed but shop-top housing is permitted with consent. This is the loophole enabling affordable housing to go there. Jumping through that loophole requires the unwanted shops on the ground floor. The project cannot go ahead at that site without being ‘shop top’.
On the Council carpark at 70 Station Street, the affordable housing project does not require shops downstairs. This increases the potential yield of affordable housing on the Council car park and returns it partway to being housing over a car park, rather than housing instead of a car park.
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