Council Resolves to Amend Mosman LEP 2012

At the Council Meeting on 1 April 2014, Council endorsed a planning proposal to amend Mosman Local Environmental Plan 2012 which will:

  1. amend objectives for the R2 Low Density Residential zone, height of buildings and floor space ratio clauses in Mosman Local Environmental Plan (LEP) 2012, and
  2. include new local clauses for wall height, number of storeys and landscaped area in the LEP.

Amendment to objectives

Amendments are proposed to be made to existing objectives in Mosman LEP 2012 for:

  • R2 Low Density Residential zone in the Land Use Table
  • Clause 4.3 Height of buildings
  • Clause 4.4 Floor space ratio

These amendments are proposed to be made to strengthen objectives and for consistency within the LEP between these clauses. A new objective relating to the bulk and scale of buildings is proposed for the R2 zone, and a new objective relating to limiting excavation is also proposed to be included for the floor space ratio clause in response to the standardised definition of ‘gross floor area’ in the State Government’s Standard Instrument which may result in greater excavation of sites.

New local clauses

The following planning controls are proposed to be reinstated in Mosman LEP 2012:

  • Maximum wall height
  • Maximum number of storeys
  • Minimum landscaped area

These planning controls have applied in Mosman for over 20 years and are currently contained in Mosman Residential DCP 2012. These controls result in housing that is typically two storeys in height with a pitched roof and substantial landscaping, in keeping with the desired future character in Mosman.

Prior to 2012, these controls were contained in Mosman’s LEPs. Reinstating these controls in Mosman LEP 2012 is sought to strengthen these controls in development assessment, given that in the hierarchy of planning policies, an LEP has greater statutory weight than a DCP.

More information, and the next steps…

The planning proposal has been submitted to NSW Planning and Infrastructure for gateway determination under section 56 of the Environmental Planning and Assessment Act 1979.

It is anticipated that NSW P&I will make a decision in the next month as to whether the planning proposal can proceed, and if so, the terms of public exhibition.

Updates on this process will be posted on this blog.

More information is available in the Council report considered at the 1 April 2014 Council Meeting, and planning proposal considered as an attachment to that Council report, which can both be viewed here

On April 4th, 2014, posted in: Planning Proposals by
6 Responses to Council Resolves to Amend Mosman LEP 2012
  1. Hunters Hills - No Maximum Floor Space Ratio in 4.4 (2A) for Dwelling Houses where 4.3 & 6.9 are satisfied
    09/05/2014 at 12:00 am

    I see that Hunters Hill LEP 2012 is cited as a precedent for Mosman Council’s Planning Proposal for including Landscaping (6.9) and # Storeys (indirectly via Height, in an objective of 4.3, (1)(b) in a Standard Instrument LEP.

    Does Council propose to follow Hunters Hill LEP 2012 Clause 4.4 2A as well ?

    Specifically :

    (2A) Despite subclause (2), if a dwelling house on any land complies with clause 4.3, in respect of height, and clause 6.9, in respect of landscaping, there is no maximum floor space ratio for that dwelling house.

    Hunters Hills LEP 2012 – Floor Space Ratio Clause – 4.4 :

    Hunters Hills LEP 2012 – Height of Buildings Clause – 4.3 :

    Hunters Hills LEP 2012 – Landscaped Area for Dwelling Houses – 6.9 :

    • No, Council does not propose to include a clause in its LEP similar to Hunters Hill LEP 2012 Clause 4.4 2A. Floor space ratio is an effective means of regulating the bulk of development and is an established control in Mosman.

  2. Bulk - cogent definitions used by Council ?
    09/05/2014 at 12:55 pm

    Looked in the Standard Instrument LEP (Mosman LEP 2012) which is sought to be amended by this Planning Proposal & read many references to “bulk” and see pages and pages of Definitions, but cannot find any clear guidance on how “Bulk” is defined for the purposes of Planning Assessment.

    Would council please give or point to definition / s of this very important and very central term.

    Interested in understanding the best definitions available to council and their source, whether they be from Standard Dictionary, Case Law or statutory / non-statutory planning instrument.

    • Definitions in the Standard Instrument Dictionary are set by the State Government, and councils are unable to amend, delete or add new definitions to the Dictionary.

      The Mosman Residential Development Control Plan 2012 (Appendix 1) contains the definition of planning terms not covered by the Standard Instrument, including ‘bulk’. It means “the combined effect of the arrangement, volume, size and shape of a building or group of buildings”.

  3. Regulating Bulk via FSR
    12/05/2014 at 10:47 am

    I see that Council is promoting the Hunters Hill LEP as a precedent (Appendix A & Appendix B of Council’s recent Planning Proposal to Amendment the LEP).

    I understand that Council seeks similar clauses to 6.9 (Landscaping) and 4.3 (Height) but does not wish to allow the Intensification that Hunters Hill allowed when establishing those clauses (4.4, 2A).

    Because FSR is considered “an effective means of means of regulating the bulk of development”.

    Would Council please define Bulk. I have searched the Standard Instrument LEP and I cannot find a formal definition of Bulk.

    I am interested to appreciate the mechanism by which Bulk is defined :
    * Standard Dictionary,
    * Land and Environment Planning Principle
    * environmental Planning Instrument
    * guideline / Development Control Plan
    * Legislation or something ‘undefinable, yet cental’, so the link between regulating bulk and Floor Space may be appreciated in proper detail.


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