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