Mosman Scenic Protection Area planning proposal – on exhibition

Sep 29, 2021 Planning News

Council has been granted Gateway approval by the NSW Department of Planning, Industry and Environment to proceed to public exhibition of the proposal to rezone R2 Low Density Residential land within the Mosman Scenic Protection Area to E4 Environmental Living under Mosman Local Environmental Plan 2012.

The planning proposal is on public exhibition until 10 November 2021 on Council’s consultation page – Your Voice Mosman.

About the proposal
Council currently requires low density residential developments in the Mosman Scenic Protection Area to meet planning requirements about views, scenic amenity, landscaping, building bulk and scale. Neighbours are currently notified and able to comment on development around them.

Since 2009, Council has had to continually seek exemptions from the NSW Government’s Housing Code which would otherwise allow new one and two storey dwelling houses along with alterations and additions to existing dwelling houses to be built as complying development when State-wide criteria are met.

Council has been seeking more permanent protective measures and is now proposing to rezone R2 low density residential land that is located within in the Mosman Scenic Protection Area to E4 Environmental Living to provide more certainty.

Under the proposal, Council would carry over the planning controls that currently apply to the new zone, and the land would remain a low density residential area. The NSW Government’s Housing Code would not apply to land zoned E4. Landowners would continue to be able to apply to build a new home or to renovate their property. The same permitted uses, landscaping, built form and notification requirements that currently apply to these properties would continue to apply. The update would ensure that Council continues to have the opportunity to consider the visual significance and landscape quality of Mosman’s foreshore slopes through the development assessment processes into the future.

The proposal applies to 2,631 properties that are either fully or partly located within the Mosman Scenic Protection Area and currently zoned R2 Low Density Residential (identified on map). It does not apply to land zoned R3 Medium Density Residential, to national parks and reserves, the military base, Taronga Zoo, or to any areas outside the Mosman Scenic Protection Area.

What happens if the proposal does not proceed?
If the proposal does not proceed, standardised planning controls under the State Government’s Housing Code would apply to R2 land in the Mosman Scenic Protection Area from 30 May 2022. Landowners would be able to apply to a private certifier for a complying development certificate instead of having to lodge a development application with Council.

This process may allow faster and more certain approvals for landowners in the Mosman Scenic Protection Area. This process would not provide council with the opportunity to consider impacts on views and scenic protection. Neighbours would not have the opportunity to comment on proposed development near them.

To find out more or have your say