2.21 Temporary Use of Land

Part 2 – General Considerations for Development

The Inner West is a dynamic and creative region where the temporary use of land plays a vital role in community life. This section provides a framework for activating vacant or underutilised private land for short-term activities—such as pop-up markets, festivals, community gardens, or outdoor performances—without requiring a permanent change of use.

Temporary uses are permitted on private land under Clause 2.8 of the Inner West Local Environmental Plan (LEP) 2022. This clause allows Council to grant consent for a maximum of 52 days (whether or not consecutive) in any period of 12 months, provided the use does not prejudice the future use of the land or adversely affect the amenity of the locality.

This section does not apply to temporary use of public land which is to be approved through a Section 68 application under the Local Government Act 1993.

Objectives

Site Activation and Economic Vitality: To encourage the creative and productive use of vacant or underutilised land for social, cultural, educational, and economic purposes that contribute to a vibrant local character.

Site Suitability and Public Safety: To ensure that the site and any associated temporary structures are fit for purpose, appropriate for their location, and can safely accommodate the anticipated number of visitors.

Amenity and Impact Management: To protect the amenity of the surrounding area by ensuring the use is compatible with nearby land uses and does not result in adverse environmental, social, or economic impacts.

Sustainable Operations and Restoration: To promote sustainable access via active and public transport while ensuring the land is restored to its original condition following the cessation of the temporary use.

Controls

The proposed temporary use is to contribute to the vibrancy of the Inner West and support creative arts and deliver social, cultural, educational, recreational, entertainment, sporting or economic benefits.

The site is to be of sufficient size, dimensions and gradient to allow the safe operation of activities, servicing and structures.

Vehicle and pedestrian access are to safely accommodate all users.

The temporary use and any associated structures are not to:

a)Adversely impact environmental features of the land
b)Increase the risk of natural hazards affecting the land

At the end of the temporary use period, the land is to be restored to the condition in which it was before the commencement of the use. This may require the submission of a remedial plan, depending upon the nature of the temporary use.

Managing Impacts on Adjoining Land

The temporary use is to be designed and operated to mitigate and manage adverse impacts on adjoining land and the amenity of the locality, consistent with the objectives to protect local community amenity. The following matters are to be addressed in any development application for a temporary use:

a)Noise: Operating noise to be managed to ensure it does not constitute offensive noise as defined by the Protection of the Environment Operations Act 1997
b)Active and Public Transport: Provision of clear, safe access for walking and cycling to be integrated into the site layout
c)Integration: Events should be located within proximity to existing public transport services to minimise private vehicle trips
d)Traffic and Access: Vehicle arrival and departure to be managed via a Traffic Management Plan (TMP) to prevent congestion and ensure pedestrian safety
e)Waste and Litter: A Waste Management Plan to be implemented, providing dedicated storage, disposal, and frequent collection to prevent odour and littering during and after the event
f)Lighting and Visual Amenity: Lighting to be designed and baffled to mitigate light spill into residential properties in accordance with Australian Standard AS 4282:2019
g)Aesthetics: Temporary structures to be maintained in a safe, clean, and professional condition for the duration of the use
h)Privacy: The site layout to be designed to minimize direct overlooking of private dwellings or communal open spaces using screening or strategic orientation of high-activity areas
i)Signage: Temporary signage to be limited in scale, safely secured, and removed within 24 hours of the event's conclusion
j)Air Quality: Practical measures to be taken to manage potential dust, smoke, or odour emissions (e.g. from food stalls or unsealed surfaces)

Noise and Vibration

Noise for events is to be managed to ensure it does not constitute offensive noise under the Protection of the Environment Operations Act.

For events involving amplified music or large crowds (e.g. >500 people), a Noise Management Plan (NMP) is to be submitted. A formal Acoustic Report is only required if the NMP cannot demonstrate compliance with standard noise-attenuation measures.

Hours of Operation

Standard hours for temporary events are 7:00 am to 10:00 pm (Sunday to Thursday) and 7:00 am to 11:00 pm (Friday and Saturday). Extensions may be considered where it is demonstrated that the location is sufficiently buffered from residential dwellings (e.g. an industrial zone or large park).

Traffic & Transport

For events where attendance is expected to exceed the existing local capacity, an Event Transport Plan is to prioritise walking, cycling, and public transport over private vehicle use.

Formal Traffic Impact Assessments will be waived for events under 100 people to reduce red tape.

Operations

A plan of management (POM) is to be submitted with a development application for temporary use of land and include:

a)Arrangements for health, safety and security during and outside operating hours
b)Site layout, access points, signage and crowd management measures, consistent with the safe and secure management of the expected number of attendees
c)Emergency facilities and first aid provisions
d)Waste management arrangements and access for removal vehicles
e)Evidence that public toilet facilities are adequate for anticipated attendance in accordance with Australian Standards, guides or codes
f)Strategy for encouraging attendees to use active or public transport to access the event (e.g. location maps, bike parking provision)