Removal of 'Shop Top Housing' as a permitted land use in zone B7 Business Park of the Marrickville LEP 2011

The proposal addresses an anomaly in the Marrickville Local Environmental Plan 2011 (Marrickville LEP) whereby 'shop top housing' is specifically permitted with consent in the B7 Business Park zone. Permitting shop top housing is considered to be inconsistent with the main intent of the zone which is to encourage employment opportunities and employment uses, such as business, office and light industrial premises for, among others, the purposes of creative industries, and to allow some small scale residential development associated with these employment uses.The proposal also responds to a Land and Environment Court ruling which concluded that clause 6.13 'Dwellings and residential flat buildings in Zone B7 Business Park' of Marrickville LEP, and the residential floor space restriction in the Marrickville Development Control Plan (Marrickville DCP) relating to the B7 zone do not apply to shop top housing.