Local Environmental Plan

 

LEP 

North Sydney LEP 2013

 

LEP Amendments

North Sydney LEP 2013 Amendments

 

LEP Archive

North Sydney LEP 2001

North Sydney LEP 1989


North Sydney Local Environmental Plan 2013 (NS LEP 2013)

NS LEP 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.

NS LEP 2013 was made on the 2 August 2013, and came into force on 13 September 2013. The most recent version of NS LEP 2013 (including associated maps) can be viewed on the NSW government's legislation website maintained by Parliamentary Counsel.

View the LEP here

www.legislation.nsw.gov.au/#/view/EPI/2013/411 

View the LEP maps here

www.legislation.nsw.gov.au/#/view/EPI/2013/411/maps

 

Introduction to Planning 

Back to the top


LEP Amendments

 

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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:

NS LEP 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.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:

 

Back to the top


LEP Archive

 

North Sydney Local Environmental Plan 2001 (NS LEP 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 (as made) here

www.legislation.nsw.gov.au/sessionalview/sessional/epi/2001-380.pdf

View the LEP 2001 (as repealed) here

www.legislation.nsw.gov.au/#/view/EPI/2001/380

 

View the individual amendments to the LEP here

www.legislation.nsw.gov.au/scanact/sessional/EPITITLE/N

 

View the LEP 2001 Maps (as repealed) here

Zoning (2MB)

Heritage (1MB)

Height, FSR and Reservations (494KB)

Lot size, Acid Sulfate Soils (945KB)

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

 

Back to the top


 

North Sydney Local Environmental Plan 1989 (NS LEP 1989)

NS LEP 1989 was made and came into force on 3 November 1989, and was subject to 68. 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/EPI/1989/04

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

 

Back to the top

Related Links