Planning Proposal 7/19 – North Sydney LEP Review 2019 & Draft North Sydney DCP Review 2020

UPDATE JULY 2021

North Sydney Local Environmental Plan 2013 (Amendment No. 30) came into force following its publication on the NSW Legislation website on 30 June 2021.

In principal, Amendment No. 30 implements the outcomes of Council’s Local Strategic Planning Statement LSPS and Local Housing Strategy and addresses a number of minor house-keeping amendments.

The key amendments to NSLEP 2013 include the following:

Permits residential flat buildings within the R3 Medium Density Residential zone;

• Permits veterinary hospitals within the B1 Neighbourhood Centre zone;
• Rezones two Sydney Water properties to SP2 Infrastructure located at:

1. 74 McDougall Street, Kirribilli; and
2. Lot 1 DP 786793 (to the rear of 33A-33B Shellcove Road, Kurraba Point).

• Rezones several properties associated with the Warringah Freeway to SP2 Infrastructure;
• Rezones a number of properties used by schools to SP2 Infrastructure (Educational Establishment) at:

1. North Sydney Girls High School;
2. Sydney Church of England Grammar School (Shore);
3. Wenona School;
4. Redlands Sydney Church of England Co-Educational Grammar School;
5. St Aloysius College;
6. Monte St Angelo Mercy College;
7. Anzac Park Public School;
8. Loreto Kirribilli.

• Rezones all land located below Mean High Water Mark to UL Unzoned Land;
• Corrects a number of historical zoning errors on a number of private properties:

1. 2 Nicholson Street, Wollstonecraft;
2. 19 Elamang Avenue Kirribilli; and
3. 80 Bent Street, Neutral Bay.

• Rezones a number of road reserves to RE1 Public Recreation to reflect their current usage;
• Expands the ability to undertake functions at North Sydney Olympic Pool site by allowing functions centres as a permissible use across the entire site;
• Removal of certain land uses under clause 2.5 and Schedule 1 – Additional permitted Uses of NSLEP where the use has ceased, including:

1. 2 Thomas Street, McMahons Point;
2. 41 Alfred Street South, Milsons Point;
3. 88 Berry Street, North Sydney.

• Ensuring the construction of residential flat buildings do not isolate sites with semi-detached dwellings;
• Removes several heritage items that have been demolished or removed;
• Revises all LEP maps to ensure that planning controls accurately align with a new State government base cadastre;
• Corrects minor errors in relation to the local government area and NSLEP 2013 boundaries;
• Removal of redundant clauses due to ceasing operation or duplication under other planning instruments;
• Renumbering clauses to align with directions under the Standard Instrument LEP Order;
• Correcting errors relating to street addresses and property descriptions;
• Correcting errors in relation to the location and extent of a number of heritage items;
• Applying height limits to privately owned land not zoned for recreation, environmental conservation or road purposes including:

1. The Avenue, North Sydney;
2. 25 Shirley Road, Wollstonecraft.

• Apply consequential development standard amendments to rezoned land to align with existing Council practices under the LEP; and
• Removes properties identified for land acquisition which have now been acquired by the relevant acquisition authority

The individual amendment can be found here: https://legislation.nsw.gov.au/view/pdf/asmade/epi-2021-351

A consolidated version of NSLEP 2013 (including this amendment) can be found here: https://www.legislation.nsw.gov.au/~/pdf/view/EPI/2013/411/whole

Submissions closed 5pm, 22 June 2020.

BACKGROUND

At its meeting on 25 November 2019, Council resolved to forward a Planning Proposal to the Department of Planning, Industry and Environment (DPIE) which seeks to amend North Sydney Local Environmental Plan (NSLEP) 2013 to give effect to the recommended actions of the North Sydney Local Strategic Planning Statement (LSPS) and North Sydney Local Housing Strategy (LHS) and incorporate a number of minor housekeeping amendments to ensure that NSLEP 2013 remains a clear, transparent and contemporary planning instrument.

The LSPS and LHS have been subject to extensive community consultation and set the desired future vision for the local government area in terms of housing, employment, transport, recreation, environment and infrastructure. Both these documents were endorsed in final form by Council on 25 November 2019. More information on the LEP Review, including the LSPS and LHS can be found here or see related projects.

The Planning Proposal seeks to incorporate the following amendments to NSLEP 2013:

• Permitting residential flat buildings within the R3 Medium Density Residential zone;
• Permitting veterinary hospitals within the B1 Neighbourhood Centre zone;
• Rezoning two Sydney Water properties to SP2 Infrastructure to reflect their primary use, located at:
  • 74 McDougal Street, Kirribilli; and
  • Lot 1 DP 786793 (tot the rear of 33A-33B Shellcove Road, Kurraba Point;
• Rezoning a number of properties associated with the Warringah Freeway to SP2 Infrastructure to reflect the extent of land gazetted for classified road purposes;
• Rezoning land owned and used by the following schools to SP2 Infrastructure to reflect their primary use:
  • North Sydney Girls High School
  • Sydney Church of England Grammar School (Shore)
  • Wenona School
  • Redlands Sydney Church of England Co-educational Grammar School (senior and Junior campuses);
  • St Aloysius College;
  • Monte St’ Angelo Mercy College;
  • Anzac Park Public School;
  • Loretto Kirribilli;
• Rezoning all land located below Mean High Water Mark to UL Unzoned Land.
• Correcting historical errors relating to the zoning of a number of private properties, located at:
  • 2 Nicholson Street, Wollstonecraft
  • 19 Elamang Road, Kirribilli;
  • 80 Bent Street; Neutral Bay
• Rezoning a number of road reserves to RE1 Public Recreation to reflect their current usage;
• Expanding the ability to undertake functions across the entirety of the North Sydney Olympic Pool site to provide increased flexibility with its future redevelopment;
• Removal of certain land uses being permitted on land under clause 2.5 and Schedule 1 to the LEP, where that use has ceased or been abandoned or is permitted under the Land Use Table to the LEP, including:
  • 2 Thomas Street, McMahons Point;
  • 41 Alfred Street South, Milsons Point;
  • 88 Berry Street, North Sydney;
• Ensuring that when a residential flat building is constructed, it does not isolate a site used as a semi-detached dwelling;
• Identifying 3 Parker Street, McMahons Point as a new heritage item;
• Removal of heritage item listings to reflect those which have been demolished or removed;
• Revising all LEP maps to ensure that the planning controls accurately align with a state government requirement to move a new base cadastre;
• Correcting minor errors pertaining to the location of the local government area and NSLEP 2013 boundaries;
• Removal of redundant clauses, due to ceasing operation or duplication under other planning instruments;
• Renumbering clauses to align with the directions under the Standard Instrument LEP Order;
• Correcting errors in relation to street addresses and property descriptions;
• Correcting errors in relation to the location and extent of identified heritage items;
• Applying height limits to privately owned land, which is not zoned for recreation, environmental conservation or road purposes consistent with Council’s existing policy position for applying height limits, including:
  • The Avenue, North Sydney;
  • 25 Shirley Road, Wollstonecraft;
• Undertaking consequential amendments arising from the rezoning of land to be consistent with existing council practices for applying development standards under the LEP;
• Removal of properties identified for land acquisition which have now been acquired by the identified relevant acquisition authority.

On 19 April 2020, the Minister for Planning issued a Gateway Determination, permitting the Planning Proposal to be placed on public exhibition. The Gateway Determination was amended on 22 April 2020, which saw the deletion of Condition 8 from the Gateway Determination.

On 24 February 2020, Council resolved to adopt draft amendments to North Sydney Development Control Plan (NSDCP) 2013 to support the Planning Proposal and to also incorporate a number of minor housekeeping amendments. Of particular note, are the proposed amendments to Council’s tree preservation policy, contained within Section 16 to Part B of NSDCP 2013, which seek to significantly amend the thresholds which trigger the need to obtain a Tree and Vegetation Management Permit to prune or remove a tree (e.g. the tree height and canopy width thresholds are proposed to be reduced from 10m to 5m). Council has also resolved to place the Planning Proposal and draft DCP amendments on public exhibition concurrently.

On 6 April 2020, Council resolved to make further amendments to the draft DCP amendments, prior to its public exhibition with respect to Council’s tree preservation policy.

Local Plan Making Authority

Council has not been granted authorisation to be the local plan-making authority in order to finalise and make the plan under s.3.36 of the Environmental Planning and Assessment Act 1979. The local plan making authority for this Planning Proposal will be the DPIE.

PUBLIC EXHIBITION

The Planning Proposal and draft DCP amendments was on public exhibition from Monday 25 May 2020 to Monday 22 June 2020. The outcomes of the exhibition were reported to Council on 24 August 2020, view the post exhibition reports here.

The Planning Proposal and the draft NSDCP amendment are available in the document libraries on this page or may be viewed on Council’s website (see Important Links).

If you would like to discuss the Planning Proposal or draft DCP amendments contact Ben Boyd of Council’s Strategic Planning Department. Both officers may be contacted on 9936 8100.