Can I vary development standards and what are they?

Feb 18, 2020 Q&A
Can I vary development standards and what are they?

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, Industry and Environment 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.