FAQ

Council is proposing miscellaneous amendments to Mosman Local Environmental Plan 2012 (MLEP 2012) in response to sections 3.8(3) and 3.21 of the Act, which require councils to review and, if necessary, update their local environmental plans to give effect to the district strategic plan and ensure that the objects of the Act are achieved having regard to changing circumstances as may be relevant.

Over the past three years, Council has undertaken significant strategic planning work to ensure consistency in local planning for Mosman with the Greater Sydney Region Plan and North District Plan. This work has included the preparation of an LEP Review Report, Local Strategic Planning Statement, Community Participation Plan and Local Housing Strategy. Work has now commenced on the final stage – the preparation of a series of planning proposals to amend MLEP 2012.

Council planning staff also maintain a list of LEP map anomalies, issues with respect to operation of the LEP, and other matters which warrant amendment to the LEP. It is timely to incorporate these amendments into MLEP 2012 to ensure that it remains transparent and contemporary. 

More background information: Read the Council Meeting 1 June 2021 Report.

Amend objectives for Zone B1 Neighbourhood Centre and Zone B2 Local Centre

Centres in Mosman Junction, Spofforth Street, Avenue Road and The Esplanade are attractive and well-functioning, with a consistent and defined streetscape character comprising traditional retail terraces from the Edwardian Era, Federation and InterWar periods. As Greater Sydney undergoes growth and change, it is important that this character not be lost. It is proposed to strengthen the small-scale nature of neighbourhood centres, and the local character and village atmosphere in Mosman Junction, by amending the zone objectives that apply to the land. This includes adding 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”. More: Fact sheet - Amend Zone B1 and B2 local objectives

Insert wall height objectives and a definition for mansard roof in clause 4.3A

A maximum 7.2 metre wall height standard applies in the majority of Mosman's residential zones, however there are no objectives for this standard. It is proposed to add objectives for wall height in the LEP which 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. It is also proposed to clarify when a mansard roof is included in the wall height calculation. The changes will strengthen development assessment and provide transparency. More: Fact Sheet - Wall height objectives

Insert earthworks local provision

Excavation commonly occurs as part of construction and development in Mosman, and in some instances this may be substantial given the topography and scale of development. It is proposed to include a new earthworks provision in the LEP to consider 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. More: Fact Sheet - Earthworks local provision

Increase the CIV for exempt development at Taronga Zoo

Certain types of development can be undertaken at Taronga Zoo as exempt development, that is, without the need for a development application, such as minor works to buildings and animal facilities, temporary structures and signage. Currently, a cap of $1 million capital investment value (CIV) applies, however on the basis of rising construction costs and inflation, it is proposed to increase this cap to $1.5 million CIV. More: Fact Sheet - Amend CIV for exempt development at Taronga Zoo

Correct anomalies in mapping for various sites

Council planning staff maintain a list of map anomalies which are routinely corrected in housekeeping amendments of MLEP 2012. This Planning Proposal outlines corrections in respect of land zoning, floor space ratio, building height and/or lot size for various sites. More: Fact Sheet - Correct Map Anomalies for Various Sites

Consultation with the Mosman community has been undertaken over the past three years as part of strategic planning work. Council received a number of submissions in response to the public exhibition of the Mosman Local Strategic Planning Statement in 2019 and Mosman Local Housing Strategy in 2020. These were summarised in reports to Council on 3 December 2019 (EP/52) and 10 November 2020 (EP/47). Submissions received on behalf of the Taronga Conservation Society Australia with a request to amend the CIV for exempt development at Taronga Zoo, and from Sydney Water to amend the zoning of an infrastructure asset in Upper Avenue Road, form part of this planning proposal. 

The landowners of properties identified in this planning proposal as having a mapping anomaly were informed of proposed changes to MLEP 2012 by letter in March 2021.

Submissions on the proposed changes are invited until 1 December 2021. You can provide us with your feedback by:

• Completing the online submission form 
• Letter - to Mosman Council, PO Box 211, Spit Junction NSW 2088 - attention Urban Planning
• Email - to council@mosman.nsw.gov.au

At the conclusion of exhibition, any submissions received will be considered. A report will then be prepared for a Council Meeting in early 2022 (likely March) recommending that Council either proceed with the proposed amendments to MLEP 2012 as exhibited, or with amendments as may arise from submissions received. Once endorsed by the Council, planning staff will liaise with the NSW Parliamentary Counsel on the legal drafting of the amendment. 

The NSW Department of Planning, Industry and Environment has authorised Council as the local plan-making authority to exercise the functions under section 3.36(2) of the Act, meaning that Council can finalise and make the LEP amendment after exhibition, provided that all conditions of the Gateway determination are satisfied and there are no outstanding written objections from public authorities. It is anticipated that the LEP changes would be made by mid-2022. 

Discussions with the Department have also indicated that, once the proposed changes are finalised, the date of the LEP will also be amended upon gazettal, for example, to Mosman LEP 2022.