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North Sydney LEP 2013

 

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North Sydney LEP 2013 Amendments

 

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North Sydney LEP 1989


North Sydney Local Environmental Plan 2013

NSLEP 2013 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.

The LEP has been created to comply with the State Government's Standard Instrument (Local Environmental Plans) Order 2006, which requires local councils to implement a 'Standard Instrument' LEP. The State Government created the Standard Instrument LEP to streamline the NSW Planning system.

NSLEP 2013 was made on the 2 August 2013, and came into force on 13 September 2013.

View the - LEP 2013 legislation (NSW Govt)

View the - LEP 2013 land zoning maps here

 

Introduction to Planning 

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LEP Amendments

 

NSLEP 2013 (Amendment No. 1) North Sydney Olympic Pool

On 17 January 2014, Amendment No.1 to NS LEP 2013 was made and came into force. The amendment allows the additional use of a 'function centre' on the portion of the site which is identified as "Area A" on the Additional Permitted Uses Map. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 2) Exceptions to Development Standards in St Leonards

On 22 November 2013, Amendment No.2 to NS LEP 2013 was made and came into force. The amendment restricts the use of Clause 4.6 to NS LEP 2013 as it relates to the variation of the building heights controls on land in St Leonards. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 3) 12 Shirley Road, Wollstonecraft

On 23 May 2014, Amendment No.3 to NS LEP 2013 was made and came into force. Amendment No.3 applies to the site known as 12 Shirley Road, Wollstonecraft and rezones a portion of the subject site from IN4 - Working Waterfront to E4 - Environmental Living and applies a minimum subdivision lot size requirement of 450m2 to that part of the site which was rezoned.  A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 4) 7-19 Albany Street, St Leonards

On 11 July 2014, Amendment No.4 to NS LEP 2013 was made and came into force. Amendment No.4 applies to the site known as 7-19 Albany Street, St Leonards and amends the provisions to the site to:

  • increase in the maximum height control from 26 metres to 40 metres; and
  • introduce a maximum floor space ratio (FSR) control of 5.6:1.

The Planning Proposal was accompanied by a Voluntary Planning Agreement (VPA) which provides significant public benefit on the site through:

  • a monetary contribution of $700,000 to Council for the provision of new open space;
  • the provision of a 3 metre setback from the Oxley Street frontage to allow for a widened footpath and outdoor seating;  and
  • a restriction on building height below the current permitted height on the western portion of the site to ensure solar access to existing residential units on the southern side of Pole Lane.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 5) 101-111 Willoughby Road and Portion Zig Zag Lane, Crows Nest

On 24 October 2014, Amendment No.5 to NS LEP 2013 was made and came into force. Amendment No. 5 applies to the site known as 101-111 Willoughby Road and portion Zig Zag Lane, Crows Nest and amends the maximum height controls across the subject site and rezones a portion of the site from SP2 Infrastructure to B4 Mixed Use.

The Planning Proposal was accompanied by a Voluntary Planning Agreement which has been adopted by Council and is progressing toward execution. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 6) 12 Shirley Road, Wollstonecraft

On 21 November 2014, Amendment No.6 to NS LEP 2013 was made and came into force. Amendment No.3 applies to the site known as 12 Shirley Road, Wollstonecraft. This amendment was processed under 73A of the EP&A Act 1979, to correct a drafting error published under making Amendment No.3. A copy of the amendment can be found here:

NS LEP 2013 (Amendment No. 7) Exceptions to Development Standards in St Leonards - Building Height

On 6 February 2015, Amendment No.7 to NS LEP 2013 was made and came into force. Amendment No. 7 reactivates clause 4.6(8)(ca) to temporarily limit the ability to vary the maximum building height on land generally bound by Chandos Street, Hume Lane, Albany Street, the Pacific Highway, and St Leonards Railway Station. The restriction will cease on 31 December 2015. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 8) 144-154 Pacific Highway & 18 Berry Street

On 4 September 2015, Amendment No.8 to NS LEP 2013 was made and came into force. Amendment No.8 amends the non-residential floor space ratio range requirements of North Sydney Local Environmental Plan 2013 as it applies to 144-154 Pacific Highway and 18 Berry Street, North Sydney.  In particular, the non-residential floor space ratio range requirements have been amended from part 3:1-4:1 and part 0.5:1 to a minimum of 1.4:1 across the entire site with no maximum requirement. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 9) 200-220 Pacific Highway

On 31 July 2015, Amendment No.9 to NS LEP 2013 was made and came into force. Amendment No. 9 amends the non-residential floor space ratio range requirements of North Sydney Local Environmental Plan 2013 from 0.5:1 - 2:1 to 0.24:1 - 2:1 as it applies to 200-220 Pacific Highway, Crows Nest. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 10)

On 27 November 2015, Amendment No.10 to NS LEP 2013 was made and came into force. The key amendments that comprise Amendment No.10 are as follows:

  • Amending the land use table to the B4 Mixed Use zone to permit 'residential flat buildings' with development consent;
  • Inclusion of a new clause, that prevents development consent from being granted for a 'residential flat building' in the B4 Mixed Use zone, unless:
    • it forms part of a 'mixed use development'; and
    • no part of the ground floor of the building that is facing a street is used for residential accommodation;
  • Removal of the maximum non-residential floor space ratio controls (minimums are to be retained);
  • Excluding 'serviced apartments' that contain less than 50 serviced apartments from the calculation of a development's non-residential floor space ratio.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 11) North Sydney Bus Shelters

On 30 October 2015, Amendment No.11 to NS LEP 2013 was made and came into force. Amendment No. 11 amends the Heritage Map to NS LEP 2013 by removing six (6) bus shelters from the group heritage listing I0407. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 12) 167 & 169 Blues Point Road, McMahons Point

On 20 November 2015, Amendment No.12 to NS LEP 2013 was made and came into force. Amendment No. 12 incorporates a site specific clause into Schedule 1 - Additional permitted uses, to permit 'business premises' and 'office premises' with development consent on the subject sites. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 13) 'Restaurants or Cafes' in RE1 Public Recreation zone

On 15 January 2016, Amendment No.13 to NS LEP 2013 was made and came into force. Amendment No. 13 amends the Land Use Table to NS LEP 2013 to include 'restaurants or cafes' as permissible land uses with development consent in all areas zoned RE1 Public Recreation. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 14) 3 Anderson Street, Neutral Bay

On 22 March 2016, Amendment No.14 to NS LEP 2013 was made and came into force. Amendment No. 14 identifies 3 Anderson Street, Neutral Bay as a heritage item under NS LEP 2013 through its inclusion within Schedule 5 - Environmental Heritage and identification as a heritage item on the Heritage Map. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 15) Hume St Park

On 5 May 2017, Amendment No. 15  to NSLEP 2013 came into force. Amendment No. 15 specifically:

  • Rezones the entire site to RE1 Public Recreation;
  • Introduces recreation facilities (indoor), child care centres, health consulting rooms, entertainment facilities, business premises, retail premises, and car parks as site specific uses via Schedule 1 of NSLEP 2013 (Clause 11);
  • Remove height controls from the site on the Building Height Control Map;
  • Remove non-residential floor space ratio controls from the site on the Non-Residential Floor Space Ratio Range Map;
  • Identify the site at 90 Willoughby Road (Lot11 Sec4 DP2872) on the Land Reservation Acquisition Map;
  • Classify the land (with the exception of 90 Willoughby Road) as 'operational' in accordance with Part 2 of Chapter 6 of the Local Government Act 1993 by listing the subject site within Part 2 of Schedule 4 of NSLEP2013.

The copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 16) 31-33 Albany Street, Crows Nest

On 25 November 2016, Amendment No.16 to NS LEP 2013 was made and came into force. Amendment No.16 amends the planning controls applying to the site of 31-33 Albany Street, Crows Nest to increase in the height control from 13 metres to 26 metres and introduce a floor space ratio (FSR) control of 4.27:1. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 17) Special Events including markets as ‘Exempt Development’

On 22 September 2017, Amendment No. 17 to NSLEP 2013 was made and came into force. Amendment No. 17 inserts a new provision into Schedule 2 – Exempt Development of North Sydney Local Environmental Plan 2013 to identify ‘Special events (including markets)’ as a form of ‘exempt development.’  A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 18) Building Height

On 17 February 2017, Amendment No.18 to North Sydney Local Environmental Plan 2013 (NSLEP 2013) was made and came into force. Amendment No.18 relates to amending building height controls under the NSLEP2013. In particular, the amendments include:

  • correcting the Height of Buildings Map to be consistent with the Department of Planning and Environment’s guidelines for preparing LEP maps;
  • removing the maximum building height control from a number of road reserves such that no height limit applies consistent with Council’s approach to the application of maximum building height controls;
  • removing the maximum building height control from the public reserve Mater Gardens at 194 Pacific Highway, Wollstonecraft such that no height limit applies, consistent with Council’s approach to the application of maximum building height controls;
  • imposing a maximum building height of 8.5m at 124 Alexander Street, Crows Nest consistent with Council’s approach to the application of maximum building height controls to land zoned SP2 Infrastructure;
  • imposing a maximum building height of 10m at 74 McDougall Street, Kirribilli consistent with Council’s approach to the application of maximum building height controls to land zoned IN4 Working Waterfront; and
  • deleting subclauses 4.3(2A) and 4.3(2B) in their entirety

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 19)  

On 28 April 2017, Amendment No. 19 to NSLEP 2013 came into force. Amendment No. 19 specifically:

  • Removes all lot references where Strata Plans are mentioned throughout the LEP, with the exception of Clause 21 to Schedule 1;
  • Removes all references to Company Titles wherever mentioned throughout the LEP, and replaced with the underlying Deposited Plan information;
  • Corrects the legal descriptions to heritage items within Schedule 5.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 20)

On 5 May 2017, Amendment No. 20 to NSLEP 2013 came into force. Amendment No. 20 specifically:

  • Replaces the Heritage Map Sheet 002 with a new map that removes the references to nine heritage items that were previously formally removed from Schedule 5, prior to the LEP’s commencement.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 21) 1-11 Cowdroy Avenue & 22 Stratford Street, Cammeray

On 28 July 2017, Amendment No.21 to NSLEP 2013 was made and came into force. Amendment No.21 rezones 1, 3, 5, 7, 9 and 11 Cowdroy Avenue and 22 Stratford Street, Cammeray from E4 Environmental Living to R2 Low Density Residential. In addition, it amends Schedule 1 - Additional Permitted Uses to permit ‘dual occupancies (detached)’ with development consent on land at 11 Cowdroy Avenue, Cammeray. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 22) 22-24 Cranbrook Avenue, Cremorne

On 23 February 2018, Amendment No. 22 to NSLEP 2013 was made and came into force. Amendment No. 22 identifies 24 Cranbrook Avenue, Cremorne as a heritage item under NSLEP 2013 through its inclusion within Schedule 5 - Environmental Heritage and identification as a heritage item on the Heritage Map. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 23) North Sydney Centre

On 26 October 2018, Amendment No. 23 to NSLEP 2013 was made and came into force. Amendment No. 23 amends the planning controls as it relates to the North Sydney Centre under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • Removing ‘serviced apartments’ from the list of permissible uses in the B3 Commercial Core zone to the Land Use Table;

  • Amending the Height of Buildings Map to increase the maximum building height limit on a number of sites zoned B3 Commercial Core, consistent with the outcomes of the North Sydney CBD Capacity and Land Use Strategy;

  • Amending the extent to which “special areas” applies to land identified on the North Sydney Centre Map consistent with the outcomes of the North Sydney CBD Capacity and Land Use Strategy.

  • Amending clause 6.1 such that the objectives of Division 1 to Part 6 better relate to the provisions contained within that Division.

  • Amending clause 6.3 to:

  • Ensure the objectives and provisions of the clause align with the outcomes of the North Sydney CBD Capacity and Land Use Strategy; and

  • Restrict the development of sites less than 1000sqm in area to 45m in height.

  • Deletion of clause 6.5 in its entirety to remove the requirements for railway infrastructure provision and the gross floor space cap for non-residential development. 

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 24) 617-621 Pacific Hwy, St Leonards

On 28 June 2019, Amendment No.24 to NSLEP 2013 was made and came into force. Amendment No. 24 amends the planning controls as it relates to land at 617-621 Pacific Highway, St Leonards under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • increasing the maximum building height from 49m to 180m;

  • imposing a maximum floor space ratio (FSR) of 25.4:1;

  • imposing a minimum non-residential FSR of 4.7:1;

  • incorporating an additional clause within Schedule 1 – Additional Permitted Uses such that “shop top housing” is permissible with consent on the subject site; and

  • imposing a requirement to contribute to the delivery of State public infrastructure.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 25) 575-583 Pacific Highway, St Leonards

On 15 May 2020, Amendment No. 25 to NSLEP 2013 was made and came into force. Amendment No. 25 amends the planning controls as it relates to land at 575-583 Pacific Highway, St Leonards under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • increasing the maximum building height from 26m to 56m; and
  • imposing a maximum floor space ratio (FSR) of 7:1 to the whole site;

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 26) 6 Hayes Street, Neutral Bay

On 1 May 2020, Amendment No.24 to NSLEP 2013 was made and came into force. Amendment No. 26 identifies 6 Hayes Street, Neutral Bay as a heritage item under NSLEP 2013 through its inclusion within Schedule 5 - Environmental Heritage and identification as a heritage item on the Heritage Map. A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 27) 23-35 Atchison Street, St Leonards

On 15 May 2020, Amendment No.27 to NSLEP 2013 was made and came into force. Amendment No. 27 amends the planning controls as it relates to land at 23-35 Atchison Street, St Leonards under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • increasing the maximum building height from 20m to 56m;
  • imposing a maximum floor space ratio (FSR) of 6.3:1;
  • increasing the minimum non-residential FSR from 0.6:1 to 1.5:1.

 A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 28) 100 Christie Street, St Leonards

On 15 May 2020, Amendment No.28 to NSLEP 2013 was made and came into force. Amendment No. 24 amends the planning controls as it relates to land at 100 Christie Street, St Leonards under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • increasing the maximum building height from 49m to 132m;
  • imposing a maximum floor space ratio (FSR) of 18:1;
  • imposing a minimum non-residential FSR of 4.25:1;
  • incorporates a new clause which permits basement parking beneath Christie Street Reserve; and
  • incorporating an additional clause within Schedule 1 – Additional Permitted Uses such that “shop top housing” is permissible with consent on the subject site.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 29) Small Bars in Kirribilli Village

On 31 July 2020, Amendment No.29 to NSLEP 2013 was made and came into force. Amendment No. 24 amends the planning controls as it relates to land at 11-33 Broughton Street, 32 Burton Street and 2–44 Ennis Road, Kirribilli under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • incorporating additional clauses within Schedule 1 – Additional Permitted Uses such that “small bars” are permissible with consent on the subject land.

A copy of the amendment can be found here:

NSLEP 2013 (Amendment No. 30) North Sydney LEP Review 2019

On 30 June 2021, Amendment No.30 to NSLEP 2013 was made and came into force. 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:
  • 74 McDougall Street, Kirribilli; and

  • 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:
  • North Sydney Girls High School;

  • Sydney Church of England Grammar School (Shore);

  • Wenona School;

  • Redlands Sydney Church of England Co-Educational Grammar School;

  • St Aloysius College;

  • Monte St Angelo Mercy College;

  • Anzac Park Public School;

  • 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:
  • 2 Nicholson Street, Wollstonecraft;

  • 19 Elamang Avenue Kirribilli; and

  • 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:
  • 2 Thomas Street, McMahons Point;

  • 41 Alfred Street South, Milsons Point;

  • 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:
  • The Avenue, North Sydney;

  • 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.

A copy of the amendment can be found here:

 

NSLEP 2013 (Amendment No. 31)

On 30 July 2021, Amendment No.31 to NSLEP 2013 was made, but came into force on 31 August 2021. Amendment No. 31 amends the planning controls as it relates to land at 173, 175, 177 and 179 Walker Street and 11, 15 and 17 Hampden Street, North Sydney, under North Sydney Local Environmental Plan 2013 (NSLEP 2013) as follows:

  • Increases the maximum height of buildings control from 12m to part RL 84, part RL 89 and part RL 133;
  • Imposes an FSR control of 6.1:1 across the entire site;
  • Incorporates a site specific local provision that enables a height bonus to RL 148 of that part of the site with a height control of RL 133, subject to meeting a number of design criteria.

  

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LEP Archive

 

North Sydney Local Environmental Plan 2001 (NSLEP 2001)

NS LEP 2001 was made and came into force on 1 June 2001 and was subject to 54 amendments. The LEP was repealed in its entirety on the 13 September 2013. The LEP applied to the entire North Sydney local government area with the exception of land which was identified as being deferred from the LEP (i.e 77-81 Berry Street, North Sydney). The NS LEP 2001, as made, as repealed and individual amendments can be viewed on the NSW Government's legislation website as maintained by Parliamentary Counsel.

View the LEP 2001 (as made)

www.legislation.nsw.gov.au/view/pdf/asmade/epi-2001-380

View the LEP 2001 (as repealed)

www.legislation.nsw.gov.au/view/html/repealed/current/epi-2001-0380

 

Search the LEP 2001 individual amendments (under Environmental Planning Instruments 2001)

www.legislation.nsw.gov.au/browse/asmade

 

View the LEP 2001 Maps (as repealed) here

Zoning (2MB)

Heritage (1MB)

Height, FSR and Reservations (494KB)

Lot size, Acid Sulfate Soils (945KB)

NSLEP 2001 was supplemented by this DCP North Sydney Development Control Plan 2002.

 

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North Sydney Local Environmental Plan 1989 (NSLEP 1989)

NSLEP 1989 was made and came into force on 3 November 1989, and was subject to 68 amendments. The LEP was repealed in its entirety on the 13 September 2013. The LEP originally applied to the entire North Sydney local government area, but only applied to land at 77-81 Berry Street, North Sydney on its repeal.

View the LEP 1989 (as repealed) here

www.legislation.nsw.gov.au/view/html/repealed/current/epi-1989-0004

View the LEP 1989 Maps (as repealed) here

North Sydney Local Environment Zoning Map 1989 (3MB)

 

The LEP 1989 was supplemented by this DCP North Sydney Development Control Plan No 1

 

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