Exhibition of Planning Proposal to Clarify the Implementation of Clause 4.4a of Bankstown Local Environmental Plan 2015

Consultation has concluded. If you have any questions about the project please contact Council on 9707 9999.

Council is exhibiting a planning proposal which proposes to amend Bankstown Local Environmental Plan 2015. It intends to clarify the implementation of Clause 4.4A- Additional gross floor area for more sustainable development in the Bankstown CBD commercial core.

What is the intended outcome of the planning proposal?

Clause 4.4A of Bankstown Local Environmental Plan 2015 includes a floor space bonus scheme to encourage development which achieves an excellent standard of amenity whilst also minimising energy and water consumption. In addition, Council may consider an appropriate degree of flexibility to the building height to accommodate the floor space bonus provided the objectives of the clause are met. This may involve the application of clause 4.6 to achieve better built form outcomes.

However, clause 4.4A(4)(c)(i) is written in such a way that it does not allow Council to apply clause 4.6 in relation to building height.

At the Ordinary Meeting of 23 June 2015, Council resolved to make a minor grammatical correction to clause 4.4A(4)(c)(i). This amendment is proposing to allow the application of clause 4.6 in relation to building height by replacing the word ‘and’ with ‘or’ as follows:

4.4A(4)(c) any increase in the gross floor area referred to in subclause (3):

(i) does not result in the building exceeding the maximum building height shown for the land on the Height of Buildings Map, and or

(ii) does not adversely impact on adjoining and neighbouring land in terms of visual bulk and overshadowing,

This amendment is justified as it clarifies the implementation of clause 4.4A(4)(c) as intended by Council. This amendment is also consistent with the objectives of the clause as it continues to ensure the increase in floor space is compatible with surrounding buildings in terms of bulk, height and amenity.

Please note that additional drafting changes may occur to achieve the intended planning outcome.

Does Council have delegation to make the Local Environmental Plan?

The NSW Department of Planning (as delegate of the Greater Sydney Commission) has decided not to issue an authorisation for Council to exercise delegation to make this plan. The making of the amending Local Environmental Plan will be conducted by the NSW Department of Planning.

What land is affected by the planning proposal?

Clause 4.4A applies to certain land within the commercial core of the Bankstown Central Business District subject to certain criteria as outlined in the clause.

Where can I inspect the planning proposal and associated material?

The planning proposal is on public exhibition from 24 August to 20 September 2016.

The planning proposal and the Gateway determination may be inspected at Council’s Customer Service Centre, Ground Floor at 66-72 Rickard Road in Bankstown, Monday to Friday from 8.30am to 5pm.

It is also available for inspection on Council’s website at:

www.bankstown.nsw.gov.au/haveyoursay

How may I make a submission?

If you wish to comment on the planning proposal, you must make a written submission by:

Submissions close on 20 September 2016.


Council is exhibiting a planning proposal which proposes to amend Bankstown Local Environmental Plan 2015. It intends to clarify the implementation of Clause 4.4A- Additional gross floor area for more sustainable development in the Bankstown CBD commercial core.

What is the intended outcome of the planning proposal?

Clause 4.4A of Bankstown Local Environmental Plan 2015 includes a floor space bonus scheme to encourage development which achieves an excellent standard of amenity whilst also minimising energy and water consumption. In addition, Council may consider an appropriate degree of flexibility to the building height to accommodate the floor space bonus provided the objectives of the clause are met. This may involve the application of clause 4.6 to achieve better built form outcomes.

However, clause 4.4A(4)(c)(i) is written in such a way that it does not allow Council to apply clause 4.6 in relation to building height.

At the Ordinary Meeting of 23 June 2015, Council resolved to make a minor grammatical correction to clause 4.4A(4)(c)(i). This amendment is proposing to allow the application of clause 4.6 in relation to building height by replacing the word ‘and’ with ‘or’ as follows:

4.4A(4)(c) any increase in the gross floor area referred to in subclause (3):

(i) does not result in the building exceeding the maximum building height shown for the land on the Height of Buildings Map, and or

(ii) does not adversely impact on adjoining and neighbouring land in terms of visual bulk and overshadowing,

This amendment is justified as it clarifies the implementation of clause 4.4A(4)(c) as intended by Council. This amendment is also consistent with the objectives of the clause as it continues to ensure the increase in floor space is compatible with surrounding buildings in terms of bulk, height and amenity.

Please note that additional drafting changes may occur to achieve the intended planning outcome.

Does Council have delegation to make the Local Environmental Plan?

The NSW Department of Planning (as delegate of the Greater Sydney Commission) has decided not to issue an authorisation for Council to exercise delegation to make this plan. The making of the amending Local Environmental Plan will be conducted by the NSW Department of Planning.

What land is affected by the planning proposal?

Clause 4.4A applies to certain land within the commercial core of the Bankstown Central Business District subject to certain criteria as outlined in the clause.

Where can I inspect the planning proposal and associated material?

The planning proposal is on public exhibition from 24 August to 20 September 2016.

The planning proposal and the Gateway determination may be inspected at Council’s Customer Service Centre, Ground Floor at 66-72 Rickard Road in Bankstown, Monday to Friday from 8.30am to 5pm.

It is also available for inspection on Council’s website at:

www.bankstown.nsw.gov.au/haveyoursay

How may I make a submission?

If you wish to comment on the planning proposal, you must make a written submission by:

Submissions close on 20 September 2016.