About the LEP

• What is an LEP and what does it do?

• An LEP is a statutory document made under the Environmental Planning and Assessment Act 1979 which sets down the major rules for development of land in a local government area. This includes the “zoning” of land for certain purposes, and specific rules for development e.g. height controls. The LEP must be in accordance with an LEP “template” provided by the NSW Government.

  The LEP will be complemented by a Development Control Plan (DCP) which provides further detail and guidance (but is not a statutory document). The DCP is being developed in parallel to the LEP.
  

• Why do we need a new LEP and DCP?
• We need to bring together our current four LEPs and four DCPs, developed at different points in time, to create a single and simple set of rules for future development on the Northern Beaches.
• What is an LEP Planning Proposal?

• The LEP Planning Proposal outlines the contents of the draft LEP and the justification for the proposed development controls. It also includes maps that show proposed land use zones across the Northern Beaches, as well as land use tables that define how the land in each zone can be used (‘permissible uses’).

Method

• How has the Planning Proposal for the new LEP been developed?

• The work to create a new LEP and DCP has been underway for the past four years and is informed by a range of strategies, technical studies and spatial analysis, as well as community engagement, including for the LEP/DCP Discussion Paper and the Conservation Zones Review. This provides a strong evidence base for delivering on some of Council’s key strategies, such as the Local Strategic Planning Statement – Toward 2040 and the Local Housing Strategy.

• When will the changes come into effect, what is the process from here?

• The changes will only come into effect once the Planning Proposal has been gazetted. This is not likely to occur until 2026.

  For Deferred Lands (in Oxford Falls Valley and Belrose North), the Planning Proposal includes a 'sunset clause’ which means that the current permitted uses of all land in the deferred lands will be retained for a period of two years to allow landowners to make applications for those uses during the transitional period.

  
  
• Will Council be conducting site inspections?

• Council will be conducting site visits in those instances where there may be a dispute over the accuracy of the mapping that has informed the proposed zoning, if the dispute cannot be settled via other means (e.g. via desktop assessment).

  This process was commenced as part of the Conservation Zones Review and will resume once the Minister has endorsed the Planning Proposal for public exhibition.

  
  

Proposed changes

• How is the proposed new LEP different from the current LEP(s)?

• The new LEP consolidates and standardises many of the building and development controls contained in Council’s current LEPs. It also supplements those controls with new controls to better respond to strategic planning policies and plans and community aspirations for the area. This includes, for example:

  · introducing floorspace ratio controls to better control the scale of development;

  · permitting dual occupancy development in the R2 low density residential zone across the Council area to increase housing choice and supply.

  The LEP will also implement Council’s Conservation Zones Review, resulting in a number of properties being re-zoned to a Conservation Zone to protect the identified high environmental value of the land.

• Where will the major zoning changes occur?

• Most of the proposed zoning changes result from Council’s Conservation Zones Review which identified land with high environmental values and recommended a change of land zoning to a Conservation Zone in certain circumstances. The zoning changes are largest in non-urban areas e.g. Oxford Falls Valley, Belrose North, Ingleside and Bayview, however a number of properties in urban areas are also affected.

  The Planning Proposal for the new LEP includes land use zoning maps – both current and proposed zoning – for all properties as well as tables showing permissible uses for each zone.
  

• Are these zoning changes the same as those proposed during the Conservation Zones Review exhibition?

• While some of the changes are the same as those exhibited for the C Zones review, there have been subsequent changes to respond to community feedback as well as final advice from the NSW Department of Planning. This has resulted in a significant reduction in the number of properties proposed to be re-zoned to a Conservation zone, mainly as a result of the decision to retain existing conservation zones throughout the LGA, as well as the removal of natural hazards (eg. floods and fires) as a trigger for conservation zoning.

• Will the new LEP allow more/more dense development?

• The LEP does not propose significant new development. However, it proposes to implement aspects of Council’s Local Housing Strategy, permitting boarding houses and hostels within 400 m of certain local centres where existing infrastructure and transport supports development, and allowing dual occupancies on R2 low density residential zoned land throughout the Northern Beaches, subject to specific requirements regarding minimum lot size and lot width.

• Will the new LEP provide greater protections for the environment and does it address Climate change?

• Yes, the new LEP will provide greater environmental protection through appropriate and evidence-based conservation zoning, informed by detailed technical studies (see Conservation Zones Review). The new LEP also proposes certain provisions, such as for environmental sustainability, that respond to the community’s stated aspiration of wanting to see Council as a leader in sustainability.

• What is happening with the housing reforms – and does the new LEP take this into account?

• The LEP is separate to the NSW Government’s recently proposed changes to low- and mid-rise housing controls, which are yet to take effect. Council is meeting separately with the Department to discuss the impacts of these proposals. See the link on this page to find out more.

• Will the LEP permit dual occupancies in residential zones - and what are the conditions?

• The draft LEP proposes to enable dual occupancies that are attached for properties zoned R2 Low Density Residential with a minimum site area of 800 sqm and a lot width of 18 m.

  Subject to meeting the minimum site area and lot width requirements, dual occupancies that are detached may be allowed under certain circumstances, such as if the R2 property contains a heritage item, has two street frontages, or is a corner lot.

• Where can I view the Planning Proposal and see what changes - including land use changes - are proposed?

• The planning proposal can be viewed in the 17 June 2024 Extraordinary Council Meeting agenda.

  Proposed land zoning changes (showing the current zoning against proposed zoning can be viewed at Appendix C-18 Land Zoning Mapbook – see the Document and website links section of this project page.
  

  The proposed zonings are based on extensive technical studies, spatial analysis, and community engagement for the Conservation Zones Review.

  An interactive map will be made available during the public exhibition to enable community members to easily review proposed property-based planning controls e.g. zoning map, at the individual property level, and any reasons for change.

• What is happening with the NSW Government housing reforms?

• The LEP is separate to the NSW Government’s recently announced changes to low- and mid-rise housing controls that took effect 1 July 2024 through amendments to the NSW Housing SEPP. In the short term, the State Government’s housing reform now permit dual occupancies with consent (and subject to existing conditions where these exist) in all low-rise residential R2 zones. Note that certain exclusions apply to manage hazards and to protect heritage and identified environmental values.

  Further changes to increase housing development around town centres will be implemented by the NSW Government at a later date, yet to be announced. Please visit the State Government website here for further information, or see a summary of proposed changes on Council’s housing website here.

Community Engagement

• What consultation has Council done?
• In total, more than 2,000 local residents have contributed to the development of the LEP Planning Proposal through four rounds of engagement for the LSPS, Local Housing Strategy, LEP/DCP Discussion Paper, and most recently the Conservation Zones Review. See the links to the consultation reports for the LEP/DCP Discussion Paper on this page, and the engagement report for the C Zones review on the project page.
• Where can I see the outcomes from the Conservations Zones Review?

• The outcomes from the Conservation Zone Review are provided in the report by the independent consultants, Meridian Urban:

  • Appendix H – Conservation Zones Review – Outcomes and Implications
  The Conservation Zones Review, associated technical studies and spatial analysis, as well as detailed submissions from more than 900 community members provides a strong evidence base for the Planning Proposal.
• How can I have a say on the Planning Proposal and the draft land use zoning?

• The community will be invited to have a say on the Planning Proposal, including draft land use zoning, when it is placed on public exhibition.

  Before public exhibition can take place, it is a legal requirement that the Minister provides a Gateway Determination and that the Planning Proposal subsequently is updated to address any attached conditions.

  It is anticipated that the Planning Proposal will be placed on public exhibition in early to mid 2025, subject to the timing and nature of the Minister’s Determination and conditions.

  Follow this page to register your interest and stay tuned.