Changes to LEP and DCP endorsed by Council

Mar 4, 2022 Planning News

At the Council Meeting held on Tuesday night (1 March 2022), Council endorsed two planning proposals which identify a number of changes to Mosman Local Environmental Plan 2012 (the LEP). Minor changes to the Mosman Residential Development Control Plan 2012 (the DCP) were also endorsed. A summary of all changes is included below.

Council planning staff are now in the process of finalising these changes under the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021. There are a number of steps that must be complied with, including providing instruction to the NSW Parliamentary Counsel’s Office on drafting the changes, and it is anticipated that the changes would come into effect in May 2022.

Further information on the progress of these changes will be posted on this blog.

Rezoning land to C4 Environmental Living

Land within the Mosman Scenic Protection Area that is currently zoned R2 Low Density Residential will be rezoned to C4 Environmental Living. This change affects around 2,400 properties on Mosman’s foreshore and recognise the special aesthetic qualities of the land. Map.  The land will remain a low density residential area, with the same planning controls continuing to apply. The C4 zone recognises the significant scenic and landscape quality of this foreshore land and ensures that the land will be permanently excluded from the NSW Government’s Housing Code. The C4 zone is a commonly used zone in Sydney, such as in the suburbs of Avalon, Bayview, Cremorne, Castlecrag, East Killara, Lindfield, St Ives, Turramurra and Wahroonga. Link to detail

Business zone objectives amended

Changes to objectives for Zones B1 Neighbourhood Centre and B2 Local Centre will be made to strengthen the small-scale nature of neighbourhood centres and the local character and village atmosphere in Mosman Junction. The changes will add reference to the importance of development reflecting “traditional shop front proportions” at street level, “protecting and enhancing the village atmosphere of Mosman Junction”, and maintaining “the local character of Mosman Junction by limiting the bulk and scale of development”. Link to detail

Wall height objectives and definition of mansard roof

A new subclause will be included in clause 4.3A of the LEP containing objectives for wall height. These are based on the current objectives for building height in clause 4.3 and reference the importance of sharing public and private views, minimising the adverse effects of bulk and scale of buildings, and encouraging two-storey buildings consistent with desired future character. Clause 4.3A will also be updated to clarify when a mansard roof is included in the wall height calculation. The proposed changes will strengthen development assessment and provide transparency.  Link to detail

Earthworks local provision

A new clause will be included in the LEP to require the consideration of the impact of excavation so as to mitigate any adverse impacts relating to soil erosion, sedimentation, the natural features of the land, trees and vegetation, impacts on adjoining properties and the like. The clause will apply to all development that is the subject of a development application. It is based on a NSW draft model local provision included in many council LEPs including in North Sydney, Willoughby and Woollahra, and will complement existing objectives and planning controls in Mosman’s DCPs relating to excavation and site management. Link to detail

Exempt development at Taronga Zoo

Schedule 2 will be updated to increase the capital investment value (CIV) of works able to be undertaken at Taronga Zoo from $1 million to $1.5 million. It is reasonable that the CIV is increased given inflation and the rising costs of construction works. Link to detail

Correction of mapping anomalies

Mapping anomalies have been identified on various sites in Mosman which will be corrected. The affected lots are:

  • 133 Awaba Street, Lot 100 DP 1256368
  • Cowles Road, Lot 1 DP 388205 (adjacent to no. 89B Cowles Road)
  • Harnett Avenue (south of Crown Road)
  • Hordern Lane (adjacent to 80-86 Spit Road)
  • Rear of 37-45 Mandolong Road, Lots 1 and 3-5 DP 1138034, and Lot 1 DP 117108
  • Upper Spit Road, Lot 1 DP 831055 (Sydney Water Asset)

Link to detail


Enquiries to Council’s Urban Planning team on 9978 4058.