FAQs

Mosman Council is proposing to update the zoning of the 2,631 R2 Low Density Residential lots within the Mosman Scenic Protection Area to Zone E4 Environmental Living under the Mosman Local Environmental Plan 2012 (MLEP 2012) and associated amendments.

Owners will still be able to apply to build a new home or to renovate their property. The main change is the name of the zone. The same permitted uses, landscaping, built form and notification requirements that currently apply to these properties would be translated from the existing zone (R2) into the new zone (E4). This update to the planning controls will allow Council to continue to assess these requirements when a development application is submitted, and residents would continue to be able to comment on neighbouring development that affects them.

The update will allow Council to continue to apply planning controls which seek to protect the visual significance and landscape quality of Mosman’s foreshore slopes into the future without relying on ongoing temporary exclusions from the State-wide Housing Code.

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 State-wide planning controls to allow Council to apply these requirements. 

The State-wide planning controls 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. 

These temporary protections are due to expire on 30 May 2022. Rezoning R2 Low Density Residential areas within the Scenic Protection Area to E4 Environmental Living will ensure these existing planning considerations continue to apply. 

The planning proposal applies to 2,631 lots that are currently zoned R2 Low Density Residential and that are also within the Mosman Scenic Protection Area (either partly or fully). Maps identifying this land are included below:

• Mosman Zone E4 - Basic Map
• Mosman Zone E4 - Detailed map
• Mosman Zone E4 - Draft LEP Zoning Maps

The same permitted uses, landscaping, built form and notification requirements that currently apply to R2 Low Density Residential land will continue to apply under the new E4 Environmental Living zoning.

There will be no changes for residents in the R3 Medium Density Residential zone in the planning proposal – it only applies to R2 Low Density Residential land also within the Mosman Scenic Protection Area.

There will be no changes to land zoned R2 Low Density Residential that is not partly or fully located within the existing Mosman Scenic Protection Area.

If Council resolves to move ahead with the planning proposal, amendments to Mosman Local Environmental Plan and associated consequential changes to the Mosman Residential Development Control Plan would be made by the end of May 2022, before the current extension to the temporary exclusion from the State-wide Housing Code expires.

Following public exhibition, a report will be presented to Council addressing all submissions received, and a decision will be made whether to proceed with the changes. It is likely that this report will be considered at the February or March 2022 Council Meeting.

If the proposed rezoning does not proceed, standardised planning controls under the Housing Code would come into effect from 30 May 2022. 

Low density residential development would be able to occur in Mosman’s Scenic Protection Area as complying development. This means new one and two-storey dwelling houses and alterations and additions to existing dwelling houses could be approved through the private certification system 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.

The table below provides a comparison of key features of the MLEP 2012 if the planning proposal is implemented and if it is not. 

There are a number of ways that you can find out more about the proposal and give your feedback. 

• Attend an online community information session (register here), where you can learn more about the proposal and ask questions of the project team.
• Download the detailed planning proposal and complete a short community survey 
• Make a submission to Council by email (council@mosman.nsw.gov.au) or post (Mosman Council – attention Urban Planning, PO Box 211, Spit Junction NSW 2088)

Council consults regularly on a range of local issues. 

Check our website here for other current consultations.