Author: Kelly Lynch

Changes to LEP and DCP endorsed by Council

Mar 4, 2022 by Kelly Lynch

At the Council Meeting held on Tuesday night (1 March 2022), Council endorsed two planning proposals which identify a number of changes to Mosman Local Environmental Plan 2012 (the LEP). Minor changes to the Mosman Residential Development Control Plan 2012 (the DCP) were also endorsed. A summary of all changes is included below.

Council planning staff are now in the process of finalising these changes under the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021. There are a number of steps that must be complied with, including providing instruction to the NSW Parliamentary Counsel’s Office on drafting the changes, and it is anticipated that the changes would come into effect in May 2022.

Further information on the progress of these changes will be posted on this blog.

Rezoning land to C4 Environmental Living

Land within the Mosman Scenic Protection Area that is currently zoned R2 Low Density Residential will be rezoned to C4 Environmental Living. This change affects around 2,400 properties on Mosman’s foreshore and recognise the special aesthetic qualities of the land. Map.  The land will remain a low density residential area, with the same planning controls continuing to apply. The C4 zone recognises the significant scenic and landscape quality of this foreshore land and ensures that the land will be permanently excluded from the NSW Government’s Housing Code. The C4 zone is a commonly used zone in Sydney, such as in the suburbs of Avalon, Bayview, Cremorne, Castlecrag, East Killara, Lindfield, St Ives, Turramurra and Wahroonga. Link to detail

Business zone objectives amended

Changes to objectives for Zones B1 Neighbourhood Centre and B2 Local Centre will be made to strengthen the small-scale nature of neighbourhood centres and the local character and village atmosphere in Mosman Junction. The changes will add reference to the importance of development reflecting “traditional shop front proportions” at street level, “protecting and enhancing the village atmosphere of Mosman Junction”, and maintaining “the local character of Mosman Junction by limiting the bulk and scale of development”. Link to detail

Wall height objectives and definition of mansard roof

A new subclause will be included in clause 4.3A of the LEP containing objectives for wall height. These are based on the current objectives for building height in clause 4.3 and reference the importance of sharing public and private views, minimising the adverse effects of bulk and scale of buildings, and encouraging two-storey buildings consistent with desired future character. Clause 4.3A will also be updated to clarify when a mansard roof is included in the wall height calculation. The proposed changes will strengthen development assessment and provide transparency.  Link to detail

Earthworks local provision

A new clause will be included in the LEP to require the consideration of the impact of excavation so as to mitigate any adverse impacts relating to soil erosion, sedimentation, the natural features of the land, trees and vegetation, impacts on adjoining properties and the like. The clause will apply to all development that is the subject of a development application. It is based on a NSW draft model local provision included in many council LEPs including in North Sydney, Willoughby and Woollahra, and will complement existing objectives and planning controls in Mosman’s DCPs relating to excavation and site management. Link to detail

Exempt development at Taronga Zoo

Schedule 2 will be updated to increase the capital investment value (CIV) of works able to be undertaken at Taronga Zoo from $1 million to $1.5 million. It is reasonable that the CIV is increased given inflation and the rising costs of construction works. Link to detail

Correction of mapping anomalies

Mapping anomalies have been identified on various sites in Mosman which will be corrected. The affected lots are:

  • 133 Awaba Street, Lot 100 DP 1256368
  • Cowles Road, Lot 1 DP 388205 (adjacent to no. 89B Cowles Road)
  • Harnett Avenue (south of Crown Road)
  • Hordern Lane (adjacent to 80-86 Spit Road)
  • Rear of 37-45 Mandolong Road, Lots 1 and 3-5 DP 1138034, and Lot 1 DP 117108
  • Upper Spit Road, Lot 1 DP 831055 (Sydney Water Asset)

Link to detail

 

Enquiries to Council’s Urban Planning team on 9978 4058.

 

Planning matters on Council Meeting Agenda 1 March 2022

Feb 25, 2022 by Kelly Lynch

Council’s Urban Planning Team have been busy over the past few months working on local strategic planning projects as well as reviewing State Government reforms. Reports on several planning matters will be considered at the next Council Meeting scheduled to commence at 7:00pm on Tuesday 1 March 2022.

View the agenda for the Council Meeting here

Mosman Scenic Protection Area – Environmental Living Rezoning
Item 9.6, Report EP/3

  • A post-exhibition report on the Planning Proposal to rezone land within the Mosman Scenic Protection Area from R2 Low Density Residential to E4 Environmental Living (now known as C4 Environmental Living) under Mosman Local Environmental Plan 2012, along with associated amendments to the Mosman Residential Development Control Plan 2012.
  • In response to public exhibition during the period 30 September to 10 November 2021, 219 submissions were received, with 63% (138 of the 219) in support of the proposed rezoning, 33% (73) opposed and 4% (6) neutral. This report details the consultation process, key themes raised in submissions received, and the next steps in the LEP and DCP making process. Minor variations to the Planning Proposal and DCP changes are outlined in response to submissions received and to reflect changes in NSW planning legislation.

Planning Proposal – Miscellaneous Amendments
Item 9.7, Report EP/4

  • A post-exhibition report on the Planning Proposal – Miscellaneous Amendments which proposes a range of amendments to Mosman Local Environmental Plan 2012 relating to business zone objectives, local provisions for wall height and earthworks, exempt development at Taronga Zoo, and mapping anomalies.
  • The Planning Proposal was publicly exhibited from 4 November to 1 December 2021. In response, three submissions were received. This report details the consultation process, submissions received, and the next steps in the LEP making process.

NSW Government Employment Zone Reforms
Item 9.8, Report EP/5

  • The NSW Department of Planning and Environment (DPE) is reforming employment zones across the State. Consequently, the three business zones applying to land in Mosman’s centres will be merged into two new employment zones under Mosman Local Environmental Plan 2012 (MLEP 2012).
  • The NSW DPE intends to publicly exhibit the proposed changes from March/April-May, with the changes to come into effect by the end of 2022. The zoning change will result in some additional permitted employment land uses in centres, however planning controls for the bulk/scale of buildings will not be affected.

Little Sirius Cove and Mosman Bay draft Plan of Management
Item 9.11, report EP/8

  • Following the enactment of the Crown Land Management Act 2016 Council is required to prepare a new plan of management for each Crown land reserve under its control. A consultant was engaged to produce a plan of management for Mosman Bay and Little Sirius Cove Foreshore. Prior to developing the draft plan, an extensive community engagement program was undertaken.
  • Considering initial community feedback, the draft Mosman Bay and Little Sirius Cove Foreshore Reserves Plan of Management was prepared. This initial draft Plan was endorsed by Council and Crown Lands, and was publicly exhibited in October and November 2021. Feedback received was used to finalise the Draft Mosman Bay and Little Sirius Cove Foreshore Reserves Plan of Management, which is now ready adoption by the Minister for Lands and Water, Hospitality and Racing.

A New Approach to Rezonings – NSW Government Reforms
Item 9.12, Report EP/9

  • Overview of the NSW Government’s ‘A New Approach to Rezonings Discussion Paper’ released late last year, and potential implications for council under the reforms.

Environment Zones across NSW renamed as Conservation Zones

Nov 16, 2021 by Kelly Lynch

The NSW Government is changing the name of Environment Zones across NSW to Conservation Zones, with the new names to commence on 1 December 2021. The following is a summary of advice from the NSW Department of Planning, Industry and Environment (DPIE).

What are the new zone names?

Table showing change in environment zone names

 

 

 

 

 

What does this mean for the current environment zones?

This change is purely administrative and of name only. Land uses that are currently permitted and prohibited in the environment zones will continue once they are renamed conservation zones. Only the name of zones is changing.

Why is this change being made?

The name ‘environment zone’ is too broad and is open to multiple interpretations, which can cause confusion about the purpose and intent of the zone. By renaming these zones to reflect the ‘conservation’ land use function more clearly, the focus, purpose, and intent of these zones is clearly signalled. The purpose is to conserve the environmental values and natural qualities in areas where this land use zoning is applied. The naming also aligns better with the objectives of the zones as being about conservation.

When are the zone names changing?

The change will commence on 1 December 2021.

How will the change be made?

The change will be given effect through the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. Mosman Local Environmental Plan 2012 will automatically be updated by the NSW Government to reflect the new zone names.  Council staff will progressively update Mosman’s Development Control Plans, Plans of Management, 10.7 planning certificate templates and other documents to refer to the new zone names.

A disclaimer will be added to Council’s website to state that:   As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4.

Does this affect Council’s proposal to rezone land in the Mosman Scenic Protection Area to E4 Environmental Living?

As stated, this change is purely administrative and of name only. The only change is the prefix to the zone name from an ‘E’ to a ‘C’. The proposed new zone would become C4 Environmental Living. The post-exhibition report to Council on the planning proposal (likely to be reported to Council in early 2022) will reflect this new zone name.

More information?

Visit the NSW DPIE website, or contact Council’s Urban Planning team on 9978 4058 or planning@mosman.nsw.gov.au .

Miscellaneous Amendments to LEP on exhibition

Nov 4, 2021 by Kelly Lynch

Public consultation on a Planning Proposal for miscellaneous amendments to Mosman Local Environmental Plan 2012 (the LEP) will be undertaken from Thursday 4 November until Wednesday 1 December 2021 at www.yourvoicemosman.com.au.

Council considered a report outlining the proposed amendments at the 1 June 2021 Council Meeting (EP/12) where it was resolved to endorse and submit the Planning Proposal to the NSW Department of Planning, Industry and Environment for Gateway Determination. The Department has now issued its Determination with approval to proceed to public exhibition.

The proposed LEP amendments on exhibition are:

  1. Amend Zone B1 and B2 local objectives to reference the importance of traditional shopfront proportions, local character and village atmosphere;
  2. Insert wall height objectives for clause 4.3A and define mansard roof;
  3. Insert a standard earthworks local provision in part 6;
  4. Amend schedule 2 to increase the capital investment value for exempt development at Taronga Zoo from $1m to $1.5m; and
  5. Correct mapping anomalies in land zoning and development standards for various land:
    • 133 Awaba Street, Lot 100 DP 1256368;
    • Cowles Road, Lot 1 DP 388205 (adjacent to no. 89B Cowles Road);
    • Harnett Avenue (south of Crown Road);
    • Hordern Lane (adjacent to 80-86 Spit Road);
    • Rear of 37-45 Mandolong Road, Lots 1 and 3-5 DP 1138034, and Lot 1 DP 117108; and
    • Upper Spit Road, Lot 1 DP 831055 (Sydney Water asset).

These amendments are proposed following a review of the LEP. Sections 3.8(3) and 3.21 of the Environmental Planning and Assessment Act 1979 require that Council periodically review and update its local environmental plan to ensure that the objects of the Act are met, and to give effect to the NSW Government’s Greater Sydney Region Plan.

Submissions can be made by online survey, email to council@mosman.nsw.gov.au, or by post to Mosman Council, attention Urban Planning, PO Box 211, Spit Junction NSW 2088. The close of submissions is 1 December 2021.

At the conclusion of the exhibition period, any submissions received will be considered. These will be reported to a Council Meeting in early 2022. Once finalised, the date of the LEP will also be amended, for example, to Mosman LEP 2022.

Council has been authorised by the NSW Government to be the local plan-making authority for the planning proposal.

Enquiries to Kelly Lynch, Senior Strategic Planner, on 9978 4058 or k.lynch@mosman.nsw.gov.au .

Mosman Scenic Protection Area planning proposal – on exhibition

Sep 29, 2021 by Kelly Lynch

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
Visit www.yourvoicemosman.com.au

Engagement strategy on Scenic Protection Area rezoning

Sep 10, 2021 by Kelly Lynch

At the Council Meeting held on Tuesday 7 September 2021, Council considered a report on the engagement strategy for the public exhibition of a Planning Proposal to rezone land within the Mosman Scenic Protection Area from Zone R2 Low Density Residential to Zone E4 Environmental Living under Mosman Local Environmental Plan 2012. Associated amendments to Mosman Residential Development Control Plan 2012 are also proposed.

The engagement strategy seeks to provide clear and balanced information to landowners of the 2,631 affected properties and the wider Mosman community, and invite feedback on the proposal. Information will be provided via –

  • Your Voice Mosman – the central point for information about the proposal
  • Formal letter to landowners of 2,631 affected properties
  • Postcards (letterbox drop to all affected households), advertising in the Mosman Daily, enewsletters, social media, Council website news and posters at key locations:
    • All communications direct people to the Your Voice Mosman page
    • QR codes linked to the Your Voice Mosman page
  • Community information and feedback session/s* and
  • Key stakeholder meetings if required, i.e. if a high level of interest

*Given the current COVID-19 restrictions, face-to-face engagement may not be possible. Sessions will be run as 1-hour community information and feedback webinar/s consisting of a presentation by the project team followed by Q&As. Attendees will be required to register to attend online.

Public exhibition is scheduled to occur over a six-week period from Thursday 30 September to Wednesday 10 November 2021.

Council resolved to endorse this strategy and exhibition dates.

Work is now underway to finalise exhibition material and consultation notifications, for commencement at the end of this month.

Temporary Pause on Construction in Greater Sydney

Jul 19, 2021 by Kelly Lynch

Yesterday, the NSW Premier announced several changes to restrictions across Greater Sydney, including in Mosman, in effect until 11.59pm on Friday, 30 July 2021. These include new rules for the retail and construction industries, and revised orders for work from home and stay at home.

In regards to construction, under the latest Public Health Order, all work on construction sites in Greater Sydney is paused from 12.01am on Monday 19 July to 11.59pm on Friday 30 July 2021.

However, the following urgent works only may be undertaken:

  • to ensure the safety or security of the construction site
  • to deal with environmental risks
  • to maintain and ensure the integrity of critical plant, equipment or assets, including partially completed works, that would otherwise deteriorate
  • to receive deliveries of supplies that would otherwise deteriorate
  • to maintain public utilities
  • to ensure the safe operation of existing transport infrastructure
  • by or on behalf of NSW Health in response to the COVID-19 pandemic
  • because of an emergency.

Only workers required to undertake these works are permitted on site.

Construction sites are defined as a place at which work, including related excavation, is being carried out to erect, demolish, extend or alter a building or structure, or at which civil works are being carried out, but not work carried out in relation to a dwelling in which a person is residing.

Work at a residential dwelling, including cleaning or carrying out repairs, maintenance, alterations, additions or other trades, may not take place unless urgently required to ensure the health, safety or security of the place of residence or the members of the household, or because of an emergency.

Latest COVID-19 rules for Greater Sydney

Latest on the status of Council services impacted by COVID-19

COVID Response and Recovery from NSW Department of Planning, Industry and Environment

 

Beaches Link Tunnel EIS on exhibition

Jan 19, 2021 by Kelly Lynch

The NSW Government’s Beaches Link and Gore Hill Freeway Connection Environmental Impact Statement (EIS) is now on public exhibition until midnight 1 March 2021.

The Beaches Link and Gore Hill Freeway Connection is a major transport infrastructure project to be undertaken by the NSW Government. The project comprises a new motorway tunnel connection beneath Middle Harbour, extending from the Warringah Freeway and North Sydney to the Northern Beaches, bypassing Mosman. When completed, the new connection will reduce travel times by improving capacity and reliability on critical transport routes on both sides of Middle Harbour.

The EIS assesses the potential impacts of the construction and operation of this project, including:

  • environmental and social impacts,
  • proposed locations for temporary construction support sites,
  • truck movements, and
  • managing the potential impacts to local flora and fauna.

The EIS, an interactive map and other exhibition material can be viewed online . A virtual information session about the project will be held on Wednesday 20 January 2021. Registration for the session can be undertaken via the above link.

Council staff are currently reviewing the relevant sections of the EIS and preparing a report for consideration at the next Council Meeting to be held on 2 February 2021.

Council endorses Scenic Protection Area planning proposal

Dec 8, 2020 by Kelly Lynch

At last Tuesday night’s Council Meeting, a Planning Proposal to rezone land within the Mosman Scenic Protection Area from Zone R2 Low Density Residential to Zone E4 Environmental Living under Mosman Local Environmental Plan 2012 was endorsed by Council. This proposal recognises the significant scenic and landscape quality of the foreshore land, and will ensure that the land continues to be excluded from the NSW Government’s Housing Code after the current temporary exclusion ceases on 30 November 2021.

Following the Council Meeting, the Planning Proposal was submitted to the NSW Department of Planning, Industry and Environment for ‘Gateway determination’ under section 3.34 of the Environmental Planning and Assessment Act 1979. The purpose of the Gateway determination is to ensure that there is sufficient justification early in the process to proceed with a planning proposal. Approval must be obtained from the Department before the planning proposal can be progressed to the next step in the process of land rezoning. The planning proposal includes a timeline for this process, anticipating that further consultation with landowners and the wider community about the proposed change in zone would be undertaken by mid-2021.

Agenda and Minutes for Council Meeting 1 December 2020

Scenic Protection Area – Report to Council in December

Nov 26, 2020 by Kelly Lynch

A report on the zoning of land within the Mosman Scenic Protection Area (MSPA) will be considered at next week’s Council Meeting on Tuesday 1st December 2020.

Council is considering a change in zone of land within the MSPA from R2 Low Density Residential to E4 Environmental Living in recognition of the significant scenic and landscape quality of the foreshore land. The land would remain a low-density residential area with local planning controls continuing to apply, but the change in zone would ensure that the land is permanently excluded from the NSW Government’s Housing Code.

Initial consultation with landowners and the wider community about the E4 zone option occurred from 10 September to 5 October 2020, with 164 submissions received. The majority, 74%, indicated support for the change in zone and a further 11% were unsure but in support of Council exploring this option further, with reasons given including:

  • Protect the amenity, natural beauty and landscape quality of the foreshore area;
  • Retain the integrity of the Mosman area as it is;
  • Maintain local control to protect character, heritage, views and privacy;
  • Housing Code will detract from the amenity and value of Mosman properties; and
  • Essential that residents have the opportunity to comment on proposed development.

Submissions were also received in opposition to this change, with 13% expressing concern about the E4 zone option for reasons including:

  • E4 zone is unnecessarily restrictive;
  • Excessive bureaucracy, cost and delays in obtaining development approval; and
  • Housing Code parameters are reasonable, transparent and objective.

The report addresses all submissions received and recommends that Council endorse a Planning Proposal to rezone the land. If accepted, the Planning Proposal would then be submitted to the NSW Department of Planning, Industry and Environment to obtain ‘Gateway’ approval to formally exhibit the proposed zoning change.

The report (EP/52) and attachments (EP/52.1, EP/52.2 and EP/52.3) can now be viewed on Council’s website.

Further information about this matter is contained within the report, and in past blog posts: