Category: Local Strategic Planning

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 .

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:

Council adopts Housing Strategy

Nov 12, 2020 by Kelly Lynch

The Mosman Local Housing Strategy (MLHS) was adopted at Tuesday night’s Council Meeting, and subsequently was submitted to the NSW Department of Planning, Industry and Environment for their approval.

The MLHS was prepared by Council to outline a plan for meeting anticipated housing demand in Mosman to 2036-2041. It was publicly exhibited during 17 August to 27 September 2020, in response to which five submissions were received. These were the subject of a report considered at the Council Meeting held on Tuesday 10 November 2020.

All councils are required to prepare a local housing strategy for their area to provide a locally relevant response to meeting the growing demand for housing in Greater Sydney.

Council Meeting 10 November 2020:

 

 

 

Draft Housing Strategy to 10 November Council Meeting

Nov 5, 2020 by Kelly Lynch

Next Tuesday night, Council will consider a report on the draft Mosman Local Housing Strategy (MLHS) that will address recent consultation undertaken and recommend that the draft Strategy be endorsed without change.

Five submissions were received in response to the six-week public exhibition held during 17 August to 27 September 2020. Matters raised in submissions relate to the development application process, demographic projections, housing capacity and supply, and the impact of population growth on local public schools. These matters are considered in the report.

The draft MLHS is a plan for housing Mosman’s population from now to 2036-2041. It considers:

  • projected housing demand and population change in the municipality,
  • how housing growth is to be managed,
  • the right locations for additional housing supply, and
  • the delivery of housing supply targets set by the Greater Sydney Commission.

All councils are required to prepare a local housing strategy for their area to provide a locally relevant response to meeting the growing demand for housing in Greater Sydney.

If endorsed by Council, the draft MLHS would then be submitted to the NSW Department of Planning, Industry and Environment for approval.

10 November 2020 Council Meeting Agenda

August blog post – about the draft Housing Strategy

Mosman Scenic Protection Area – Have Your Say

Sep 10, 2020 by Kelly Lynch

Protecting the visual significance and landscape quality of Mosman’s foreshore slopes to Sydney and Middle Harbours, and the amenity of existing residential properties, has been a Council priority for many years. Through careful planning and ongoing lobbying by Council, this area known as the Mosman Scenic Protection Area has been excluded from the NSW Government’s Housing Code since 2009, however this is due to expire on 30 November 2021.

What is the Housing Code?

The Housing Code was introduced by the NSW Government to allow ‘fast track’ approval of new one and two-storey dwelling houses, and alterations/additions to existing dwelling houses under State-wide controls, bypassing the need for Council approval and the development application process. However, as complying development there would be no meaningful consultation with surrounding landowners, and Council’s long-standing controls for building bulk/scale, landscaping, view sharing, privacy, overshadowing and visual impact would not be considered. The impact this may have on resident amenity and the landscape, particularly in a cumulative sense, may be detrimental and irreversible.

What change is Council considering?

To ensure ongoing protection of the foreshore land, an option being explored by Council is to apply an E4 Environmental Living zone to all land within the Scenic Protection Area that is currently zoned R2 Low Density Residential under Mosman Local Environmental Plan 2012. The land would remain a low-density residential area with Council’s controls continuing to apply. The Housing Code would not apply to land zoned E4.

Where can I find out more?

Council is in the initial stages of considering this option, and this week is writing to the landowners of around 2,600 affected properties within the Mosman Scenic Protection Area. More information is available at www.yourvoicemosman.com.au/mosman-scenic-protection-area, including a short survey. Feedback is welcomed by 5 October 2020. Enquiries to the Urban Planning Team:  Joe Vertel on 9978 4214, or Kelly Lynch on 9978 4058.