The Mosman Local Environmental Plan (LEP) 2012 has been finalised and approved by the Minister for Planning and Infrastructure and published on 9 December 2011 on the legislation website (including maps). It will come into effect on 1 February 2012.
Key differences to the LEP 1998 are described below:
Zone names
Mosman LEP 2012 applies 11 land use zones, as opposed to LEP1998 which has 20 zones.
- R2 Low Density Residential, R3 Medium Density Residential
- B1 Neighbourhood Centre, B2 Local Centre, B6 Enterprise Corridor
- RE1 Public Recreation, RE2 Private Recreation
- SP1 Special Activities, SP2 Infrastructure
- E1 National Parks and Nature Reserves, E2 Environmental Conservation
Distinctions within the residential and business zones on the basis of height and building bulk are now shown on the maps within the broader zone areas.
Definitions
Definitions in the LEP 2012 are a part of the standard instrument. In some cases they are different to the definitions in the LEP1998. In particular the permissible and prohibited land use terms in the land use tables are different.
Calculating floor space ratio
The definition of gross floor area (GFA) has changed. GFA is now measured from the inner face of external enclosing walls and excludes areas for basement storage.
Heritage Conservation Areas
Two new heritage conservation areas are listed in addition to the existing eleven – the Nathan and Glovers Estates Heritage Conservation Area, along Glover, Cabramatta and Belmont Roads west of Cowles Road; and the Lower Boyle Heritage Conservation Area, overlooking Mosman Bay.
Zone changes along Military Road corridor
Some sites (417 Military Road, 566 – 588 Military Road, 612 Military Road and 89 B Cowles Road) along the Military Road corridor between Cowles and Cardinal Roads have changed to a business zone (the B6 Enterprise Corridor zone) from a residential zone. 491-505 Military Road has changed from one type of business zone to another. The objective of the B6 Enterprise Corridor zone is to promote businesses along main roads (but limit retail) and encourage a mix of compatible uses, including residential flat buildings.
Heights in Business zones
The LEP 98 limited heights of buildings in Spit Junction and Cremorne Junction as “to complement the heights of adjacent buildings” and for Mosman Junction town centre as “generally to be no higher than 2 storeys”. In the Mosman LEP 2012, maximum height standards are in the Height of Buildings Map and are shown in the table below:
| Business Centre | Maximum height limit in LEP 2012 | Mosman LEP 98 | Change |
|---|---|---|---|
| Spit Junction (B2) | 15m | to complement the heights of adjacent buildings | Increase for some sites |
| Mosman Junction (B2) | 11m | generally to be no higher than 2 storeys | Increase for some sites |
| Cremorne Junction (B2) | 12m 108 Glover – 15m | to complement the heights of adjacent buildings | Increase for some sites |
| B6 Enterprise Corridor near Spit Junction | 15m 17-27 Spit Road – 12m | 11m / 12m 12m | 3-4m No change |
| B6 Enterprise Corridor near Cremorne Junction | 12m | 12m | No change |
| Spit Waterside | 8m | 8m | No change |
| Avenue Road, Balmoral Spofforth Street and Spit Road shops | 8.5m | 8.5m | No change |
Note: Development controls for a site MUST be checked against the LEP 2012 instrument and maps.
Floor space ratio controls
The maximum floor space ratio for Spit Junction has increased from 2:1 in the LEP 98 to 2.5:1 in the LEP 2012. The LEP includes an incentives clause in which a maximum FSR of 3:1 may be achieved under certain circumstances. Other than that, floor space ratio controls remain unchanged.
Amended Scenic Protection Area
Development on land occurring on the slopes of Mosman LGA is still subject to an assessment of visibility from Sydney and Middle Harbours, however, the extent of the Scenic Protection Area is now smaller and corresponds to the area excluded from the Codes SEPP for complying development.
Roads
Under Mosman LEP 2012 no land is left unzoned. Roads, which under the LEP 98 were unzoned, now adopt the predominant zoning of the surrounding land. Classified Roads such as Spit and Military Roads, have an SP2 Infrastructure zone.
