Statement of Environmental Effects – Inner West Council NSW

If you are lodging a development application with Inner West Council, your Statement of Environmental Effects (SEE) must be prepared against the Inner West Local Environmental Plan 2022, the applicable Development Control Plan (the LGA still has multiple inherited DCPs covering different former council areas), and the mandatory content requirements of Schedule 1, Part 1 of the Environmental Planning and Assessment Regulation 2021.

In this guide, you will learn:

• How Inner West LEP 2022 consolidated three legacy LEPs into one instrument
• What flooding along the Cooks River catchment means for your SEE
• Why contaminated land assessment applies to many Inner West sites
• Which DCP governs your site and what it requires
• When the Sydney Eastern City Planning Panel determines applications

What Planning Instruments Govern Inner West Council DAs?

Inner West LEP 2022 consolidated the former Marrickville LEP 2011, Leichhardt LEP 2013, and Ashfield LEP 2013 into one consistent instrument — a significant change that affects how DAs are assessed across the LGA.

Inner West Council was formed by the amalgamation of the former Marrickville, Leichhardt, and Ashfield council areas. For a number of years, the three legacy LEPs continued to apply to their respective areas, but the Inner West Local Environmental Plan 2022 now provides a single, consolidated set of planning controls for the entire LGA.

Despite the new LEP, multiple Development Control Plans inherited from the former council areas continue to apply in different parts of the LGA. Your SEE must identify which DCP governs your site — whether the former Marrickville DCP, the Leichhardt DCP, or the Ashfield DCP — and demonstrate compliance with its provisions.

Figure 1: Key planning instruments and SEE content requirements for Inner West Council DAs.

Flooding — The Cooks River Catchment

The Cooks River and its tributaries create widespread flood risk across the Inner West LGA, particularly in Marrickville, Dulwich Hill, and Sydenham — flood assessment is a core SEE requirement for affected sites.

The Cooks River catchment creates significant flood risk across large parts of the Inner West LGA, including Marrickville, Dulwich Hill, Sydenham, Tempe, and St Peters. Properties within the flood planning area must include detailed flood assessment in their SEE.

Flood assessment for an Inner West DA must address:

• The 1% annual exceedance probability (AEP) flood level and depth
• Freeboard requirements above the flood planning level
• Flood-compatible materials and construction methods
• Safe access and egress for occupants during a flood event
• Whether the development will increase flood levels on neighbouring properties

The SEPP (Resilience and Hazards) 2021 and Council's flood study and floodplain risk management plan set the framework. A qualified flood consultant is typically required for properties within the flood planning area.

Contaminated Land — The Legacy of Inner West Industry

The Inner West has a long industrial history — from tanneries and metal works in Marrickville to chemical plants in Sydenham — and contamination assessment is mandatory for many sites proposing sensitive land uses.

The Inner West LGA contains numerous properties with a history of industrial use that may have left soil and groundwater contamination. Sites in Marrickville, Sydenham, St Peters, and Tempe are particularly affected by former tanneries, chemical works, electroplating facilities, and metal fabrication businesses.

Before Council will accept a DA for a sensitive land use (residential, childcare, or school) on a potentially contaminated site, a preliminary contamination investigation (Phase 1) and, where required, a detailed site investigation (Phase 2) must be submitted with the SEE.

Your contamination assessment must comply with the SEPP (Resilience and Hazards) 2021 (Chapter 7) and the Guidelines for Consultants Reporting on Contaminated Sites published by the EPA.

Figure 2: Key site constraints that must be addressed in an Inner West Council SEE.

Heritage in the Inner West

Heritage conservation is a significant SEE obligation across much of the Inner West — from Victorian-era terraces in Glebe and Balmain to inter-war housing in Ashfield — and the LEP 2022 carries this protection forward.

Inner West LEP 2022 identifies heritage items and heritage conservation areas across the entire LGA. Notable HCAs include parts of Leichhardt, Balmain, Glebe, and Marrickville. Any DA affecting a heritage item or within an HCA requires heritage impact assessment.

• Identify the heritage item or HCA and its significance level · Describe proposed works and materials · Assess impact on significance, fabric, and setting · Propose mitigation measures and sympathetic design · Include archival recording if demolition of fabric is proposed

Common DA Types in the Inner West

Residential alterations, medium-density infill, and industrial-to-residential conversions are among the most common DA types lodged with Inner West Council.

The Inner West is experiencing significant urban transformation, with a wave of medium-density infill, industrial-to-residential conversions, and mixed-use development in strategic centres like Marrickville and Leichhardt town centres.

Figure 3: Common development application types lodged with Inner West Council.

When Does the Sydney Eastern City Planning Panel Decide?

Larger DAs in Inner West Council with a capital investment value above $30 million are referred to the Sydney Eastern City Planning Panel for determination.

The Sydney Eastern City Planning Panel (SECPP) has jurisdiction over Inner West Council DAs where the capital investment value (CIV) exceeds $30 million, where CIV is $5–30 million and Council is the applicant or landowner, or for sensitive, Crown, or designated development.

For panel applications, your SEE must meet a higher evidential standard and be supported by comprehensive technical reports from qualified specialists.