Local Environmental Plan
Mosman Local Environmental Plan (LEP) 2012 commenced on 1 February 2012.
It is the principal legal document for controlling development and guiding planning decisions made by Council to facilitate new development that is compatible and appropriate with the preferred role and character of an area.
LEPs commonly control and guide proposed development using land use zones and development standards.
In addition to land use zones and development standards, LEPs include other planning provisions which set out additional planning controls or matters to consider to further guide development. For example, heritage provisions are included in LEPs to ensure heritage values are specifically considered and addressed in development assessment.
For information on superseded Mosman LEP 1998 please contact Urban Planning – firstname.lastname@example.org
Mosman LEP 2012 may be amended by a Planning Proposal. These are prepared by Council and submitted to the Department of Planning, Industry and Environment for approval to exhibit.
There are fees attached to this process:
- Pre lodgement meeting – $1,000
- Request to amend Mosman LEP 2012 – $20,000 or $250 per hour whichever is the greater
- Major request to amend Mosman LEP 2012 – $40,000. A major request to amend the LEP is defined as one involving a higher level of investigation, involving several disciplines within Council or that may generate considerable community interest.
- Advertising fee (non-refundable) – $ 1,296
Please note – Where request does not proceed to public exhibition half of the fee charged will be refunded with any costs associated with planning studies as part of the request being met by the applicant. The hourly rate noted above is to be billed on completion and prior to submission to the Minister for Planning for gazettal.
The Department maintains a tracking system for all Planning Proposals in NSW:leptracking.planning.nsw.gov.au
Mosman LEP2012, like all NSW LEPs, is drafted using the State Government’s Standard Instrument format. This includes standardised definitions and a system of group terms that includes other land use definitions that sit within that group, resulting in a complex layering of permissible uses with the zones. For example, in the Mosman B2 Local Centre zone, shops are a permissible use. The land use table in the LEP doesn’t specify “shops” separately because “commercial premises” are a permissible use. The definition of “commercial premises” includes “office premises”, “business premises” and ”retail premises”, all of which are separately defined and all of which include a number of other land use definitions. “Shops” are a type of “retail premises” and are therefore permissible.
The NSW Department of Planning, Industry & Environment produced a document explaining the definitions used in the Standard Instrument.