Category: Q&A

Using the Codes SEPP – What can you do?

Feb 18, 2020 by webteam

The Codes SEPP officially known as State Environmental Planning Policy (Exempt and Complying Development Codes) 2008  is planning legislation which includes a number of Codes that allow for certain types of specified development to be undertaken without the need for Council approval as either Exempt Development or approved under a fast track approval system known as Complying Development, if the relevant development standards are met.

The NSW Department of Planning and Environment has produced information brochures on Exempt and Complying Development:

Information Brochures for Exempt Development

Information Brochures for Complying Development 

Complying Development Certificates (CDC) are issued prior to the work commencing by an accredited certifier.  To find an accredited certifier, please refer to the NSW Building Professionals Board web site: http://www.bpb.nsw.gov.au/

How much of my site should be landscaped?

Feb 18, 2020 by webteam

The landscaped area requirements for a site are detailed in clause 6.6 of the Mosman LEP 2012. (The landscaped area clause was reintroduced into the LEP in December 2014).

The minimum landscaped area requirement applies only to residential zoned land. The landscaped area required ranges from 25% to 50% of the site area depending on the size of the site and the type of development that is proposed. Generally, the larger the site or where more than one dwelling is proposed, the greater the landscaped area required.

Note – Landscaped area is defined in Mosman Local Environmental Plan 2012 and means a part of a site used for growing plants, grasses and trees but does not include any building structure or hard paved area.

How do I calculate floor space ratio of my development?

Feb 18, 2020 by webteam

The floor space ratio is a development standard which is referenced in clauses 4.4 and 4.5 of Mosman LEP 2012 and controls the bulk and scale of buildings.

To calculate the floor space ratio for your development you will need to know:

  1. The site area
  2. The allowable floor space ratio for the site which is identified on the Floor Space Ratio Map
  3. The gross floor area of the development (this is defined in the Dictionary of Mosman LEP 2012)

The floor space ratio is the ratio of the gross floor area of a development to the site area expressed as a factor of 1. That is, the total floor area on all levels of the building minus any exclusions provided for in the definition of gross floor area, divided by the site area.

For example:

site area – 600m2
gross floor area – 300m2
calculation – 300m2 divided by 600m2 = 0.5
This provides for a floor space ratio of 0.5:1

It should be noted that the definition of gross floor area allows for the exclusion of car parking to meet any requirements of Council. Part 5.10 of Mosman’s Residential DCP specifies that for dwelling houses, a minimum of 1 space is required. Contact Council’s Duty Planner on 9978 4172 to discuss the specifics of your proposal as necessary.

What controls exist for front fences in Mosman?

Feb 18, 2020 by webteam

Fences and gates make a significant contribution to the character of a street. Carefully designed fences help to integrate development into the existing streetscape, however, when poorly designed, they have the ability to unduly dominate and reduce opportunities for neighbourhood surveillance and social interaction.

Under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, front fences may be exempt development, that is Council approval may not be required, if the specified development standards are met.

Front fences are not exempt development if they do not satisfy the exempt development standards or are installed on or adjacent to a heritage item or in a heritage conservation area. In these circumstances, a development application will be required.

Controls for front fences are specified in Part 5.3 of the Mosman Residential DCP. These controls include a maximum height of 1.2m above footpath level. Council may allow higher fencing in special circumstances, e.g. where the street carries high volumes of traffic and the fence is designed to act as a noise barrier.

Council has also produced a brochure and fact sheet on traditional fence styles in Mosman.

Can I vary development standards and what are they?

Feb 18, 2020 by webteam

The Mosman Local Environmental Plan 2012 (LEP) contains the following development standards:

  • Height of buildings (see clause 4.3)
  • Wall height (see clause 4.3A)
  • Floor space ratio (FSR) (see clause 4.4)
  • Lot size (see clause 4.1)
  • Foreshore building line (see clause 6.3)

If variations to these standards are sought by a development application (DA) applicants must do so under clause 4.6 Exceptions to development standards of Mosman LEP 2012. Council has delegation from the Department of Planning and Infrastructure to allow variations up to 10%. Anything more than that and the DA will be referred to the Mosman Local Planning Panel (MLPP) for determination.

Other controls in Mosman LEP 2012, such as number of storeys and landscaped area, are not development standards. DAs that seek to vary these controls must still justify the proposed variations, however, they are not required to satisfy the criteria in clause 4.6 of the LEP.

Links:

Do I need a DA to do minor works to my heritage property?

Feb 18, 2020 by webteam

Heritage properties and properties in heritage conservation areas often require regular maintenance and repairs. Depending on the proposed works, development consent may be required under the Mosman Local Environmental Plan 2012. However, an exemption may be issued if the works being carried out on a particular site would not adversely affect the significance of the heritage item or conservation area. This means a development application (DA) may not need to be lodged for approval of the works.

What does the LEP say?

Clause 5.10 (3)(a)(i) and (ii) of the Mosman Local Environmental Plan 2012 state that the relevant works can only be carried out without development consent when:

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area.

If you believe that you meet the above clauses then you may not need to submit a DA for minor works but you will need to apply to Council for an exemption. This is an easy process and no fee is involved.

How to apply for Heritage Exemption

  1. Fill in an application form. You can download the form here or pick one up from Council’s Civic Centre at Spit Junction. Application for Heritage Exemption (PDF 212KB)
  2. Write a brief description of the proposed works and include a statement that the works are of a minor nature and will not adversely affect the heritage significance.
  3. Take a few photos of the proposed areas of work and setting of the building.
  4. Attach any relevant plans/sketches.

Please note: There is no fee to apply for heritage exemption. Council will not consider applications for works that have already been commenced or completed.Your application must be assessed and approval granted in writing before you can proceed with your proposed activity/works. If Council declines to grant an exemption, a Development Application must be lodged for the proposed works.

If you have any questions or need assistance completing the form, please contact us at planning@mosman.nsw.gov.au or phone 9978 4154.