{"id":"nsw:epi-2011-0647","name":"Mosman Local Environmental Plan 2012","slug":"mosman-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"647 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181505,"registerId":"nsw-nsw:epi-2011-0647-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Mosman Local Environmental Plan 2012](/view/html/inforce/current/epi-2011-0647).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Residential Zones\n> \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E3 Productivity Support\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C4 Environmental Living\n> \n> **cl 2.1:** Am 2022 (255), Sch 1\\[1\\]; 2022 (831), Sch 1.18\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2014 (806), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (621), Sch 3; 2022 (255), Sch 1\\[2\\]; 2022 (547), Sch 1\\[1\\] \\[2\\]; 2022 (831), Sch 1.18\\[2\\] (am 2023 (82), Sch 1.5\\[26\\]).\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C4 Environmental Living","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home businesses; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; Tank-based aquaculture","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":75},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":79},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":93},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/mosman-local-environmental-plan-2012) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":94},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":120},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/mosman-local-environmental-plan-2012) as being of the type specified for those works.\n> > \n> > | Land shown on the Acid Sulfate Soils Map | Works |\n> > | Acid Sulfate Soil Area (land up to 5 metres Australian Height Datum) | Works more than 1 metre below the existing ground surface.Works involving the disturbance of more than 1 tonne of soil.Works that are likely to lower the ground water table. |\n> > | Buffer Area (land greater than 5 metres but less than 10 metres Australian Height Datum or within 170 metres of any Acid Sulfate Soil Area) | Works involving excavation more than 1 metre below Australian Height Datum.Works that are likely to lower the ground water table. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":121},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2017 (493), Sch 1.2 \\[1\\].","sortOrder":129},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at Rosherville Lighthouse Reserve, Mosman","content":"#### 7 Use of certain land at Rosherville Lighthouse Reserve, Mosman\n\n7 Use of certain land at Rosherville Lighthouse Reserve, Mosman\n\n> > (1) This clause applies to land at Rosherville Lighthouse Reserve, Mosman, being Lots 1 and 2, DP 800420.\n> \n> > (2) Development for the purpose of a recreation area that is a children’s playground is permitted without consent.","sortOrder":136},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 45 Spit Road, Mosman","content":"#### 8 Use of certain land at 45 Spit Road, Mosman\n\n8 Use of certain land at 45 Spit Road, Mosman\n\n> > (1) This clause applies to land at 45 Spit Road, Mosman, being Parts A and B, DP 102962.\n> \n> > (2) Development for the purpose of a service station is permitted with consent.","sortOrder":137},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 115 Spit Road, Mosman","content":"#### 9 Use of certain land at 115 Spit Road, Mosman\n\n9 Use of certain land at 115 Spit Road, Mosman\n\n> > (1) This clause applies to land at 115 Spit Road, Mosman (Council car park), being Lot 101, DP 871810.\n> \n> > (2) Development for the purpose of a car park is permitted with consent.","sortOrder":138},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at The Esplanade, Balmoral Boatshed, Mosman","content":"#### 10 Use of certain land at The Esplanade, Balmoral Boatshed, Mosman\n\n10 Use of certain land at The Esplanade, Balmoral Boatshed, Mosman\n\n> > (1) This clause applies to land at The Esplanade, Balmoral Boatshed, being Lot 7319, DP 1153365 and LEA 1106468.\n> \n> > (2) Development for the purposes of boat building and repair facilities and an associated kiosk and dwelling are permitted with consent.","sortOrder":139},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 2A The Esplanade, Balmoral Baths Pavilion and 4 The Esplanade, Balmoral Bathers’ Pavilion, Mosman","content":"#### 11 Use of certain land at 2A The Esplanade, Balmoral Baths Pavilion and 4 The Esplanade, Balmoral Bathers’ Pavilion, Mosman\n\n11 Use of certain land at 2A The Esplanade, Balmoral Baths Pavilion and 4 The Esplanade, Balmoral Bathers’ Pavilion, Mosman\n\n> > (1) This clause applies to land at 2A The Esplanade, Balmoral Baths Pavilion, being land partly within the road reserve and partly within Lot 7319, DP 1153365 and land at 4 The Esplanade, Balmoral Bathers’ Pavilion, being Lot 3, DP 831359.\n> \n> > (2) Development for the purpose of a restaurant or cafe is permitted with consent.","sortOrder":140},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at The Spit, Mosman","content":"#### 12 Use of certain land at The Spit, Mosman\n\n12 Use of certain land at The Spit, Mosman\n\n> > (1) This clause applies to land at The Spit, Mosman in Zone RE2 Private Recreation.\n> \n> > (2) Development for the purpose of food and drink premises is permitted with consent.","sortOrder":141},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at The Spit, Mosman","content":"#### 13 Use of certain land at The Spit, Mosman\n\n13 Use of certain land at The Spit, Mosman\n\n> > (1) This clause applies to land at The Spit, Mosman, being Lot 13, DP 1036116.\n> \n> > (2) Development for the purpose of emergency services facilities is permitted with consent.","sortOrder":142},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2013 (288), Sch 1 \\[1\\]; 2022 (255), Sch 1\\[11\\]; 2022 (547), Sch 1\\[6\\]; 2022 (831), Sch 1.18\\[7\\]; 2023 (523), Sch 1.5.","sortOrder":143},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Advertising structures—business identification signs","content":"#### sch.2-sec Advertising structures—business identification signs\n\nAdvertising structures—business identification signs\n\n> > (1) In Residential Zones—\n> > \n> > > (a) maximum area—0.75m2, and\n> > \n> > > (b) must only identify the approved use of the premises to which the sign is affixed and not promote products, and\n> > \n> > > (c) must not be illuminated or flashing, and\n> > \n> > > (d) are not on a heritage item or on land within the curtilage of a heritage item.\n> \n> > (2) In employment zones (for premises with an awning) applies to awning fascia signs and under awning signs, if—\n> > \n> > > (a) under awning signs meet the following requirements—\n> > > \n> > > > (i) maximum height—0.5m,\n> > > \n> > > > (ii) maximum length—2.5m,\n> > > \n> > > > (iii) minimum clearance—2.4m above the footpath level,\n> > > \n> > > > (iv) minimum distance from any other under awning sign—3m,\n> > > \n> > > > (v) minimum setback—0.5m from the face of the kerb, and\n> > \n> > > (b) the sign only identifies the approved use of the premises to which the sign is affixed and does not promote products, and\n> > \n> > > (c) there is a maximum of 2 signs per business, and\n> > \n> > > (d) the sign—\n> > > \n> > > > (i) does not extend above the awning line, and\n> > > \n> > > > (ii) is not illuminated or flashing, and\n> > \n> > > (e) the sign is not on a heritage item or on land within the curtilage of a heritage item.\n> \n> > (3) In employment zones (for premises without an awning) applies to projecting wall signs or flush wall signs, if—\n> > \n> > > (a) projecting wall signs meet the following requirements—\n> > > \n> > > > (i) maximum height—0.5m,\n> > > \n> > > > (ii) maximum length—2.5m,\n> > > \n> > > > (iii) minimum clearance—2.4m above the footpath level,\n> > > \n> > > > (iv) minimum distance from any other projecting wall sign—3m,\n> > > \n> > > > (v) minimum setback—0.5m from the face of the kerb, and\n> > \n> > > (b) there is a maximum of 2 signs per business, and\n> > \n> > > (c) the sign only identifies the approved use of the premises to which the sign is affixed and does not promote products, and\n> > \n> > > (d) the sign is not illuminated or flashing, and\n> > \n> > > (e) the sign is not on a heritage item or on land within the curtilage of a heritage item.","sortOrder":144},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Advertising structures—public notices","content":"#### sch.2-sec-oc.2 Advertising structures—public notices\n\nAdvertising structures—public notices\n\n> > (1) Must be displayed by any of the following—\n> > \n> > > (a) charity establishment,\n> > \n> > > (b) educational establishment,\n> > \n> > > (c) place of public worship.\n> \n> > (2) Must give information or direction about the services provided or promote art, cultural or community events.\n> \n> > (3) Must not be illuminated or flashing.","sortOrder":145},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Advertising structures—real estate signs","content":"#### sch.2-sec-oc.3 Advertising structures—real estate signs\n\nAdvertising structures—real estate signs\n\n> > (1) Maximum area—2.5m2.\n> \n> > (2) Must—\n> > \n> > > (a) advertise only that the premises or land is for sale, auction or lease, and\n> > \n> > > (b) be removed within 7 days of the sale, auction or lease.\n> \n> > (3) Must not be illuminated or flashing.","sortOrder":146},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Fowl and poultry houses","content":"#### sch.2-sec-oc.4 Fowl and poultry houses\n\nFowl and poultry houses\n\n> > (1) Must only be constructed or installed on land in Zone C4 Environmental Living.\n> > \n> > Note.\n> > \n> > The construction or installation of fowl and poultry houses on land in a residential or rural zone may be exempt development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> > (2) Must not be constructed or installed—\n> > \n> > > (a) on or in a heritage item or a draft heritage item, or\n> > \n> > > (b) in the foreshore area.\n> \n> > (3) Must not be higher than 3m above ground level (existing).\n> \n> > (4) Must not have a floor area of more than 15m2.\n> \n> > (5) Must be located in the rear yard.\n> \n> > (6) Must not house—\n> > \n> > > (a) roosters, or\n> > \n> > > (b) more than 5 fowl or poultry.\n> \n> > (7) Must be located at least 3m from each lot boundary.\n> \n> > (8) Must be located—\n> > \n> > > (a) if intended to house fowls, including guinea fowls, only—at least 4.5m from a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, or\n> > \n> > > (b) otherwise—at least 30m from a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.\n> \n> > (9) Must be enclosed to prevent the escape of poultry.\n> \n> > (10) Must be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners.\n> \n> > (11) To the extent it is comprised of metal components—must be constructed of low reflective, factory pre-coloured materials.\n> \n> > (12) If located on bush fire prone land and less than 5m from a dwelling—must be constructed of non-combustible material.\n> \n> > (13) Must not be more than 1 house per lot.","sortOrder":147},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Outdoor dining (associated with food and drink premises)","content":"#### sch.2-sec-oc.5 Outdoor dining (associated with food and drink premises)\n\nOutdoor dining (associated with food and drink premises)\n\n> > (1) Must be associated with an adjacent food and drink premises being carried out with lawful consent.\n> \n> > (2) If located on the footway of a public road, must be consistent with an approval granted under section 125 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (3) Must not be located on land steeper than 1:50 gradient.","sortOrder":148},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Taronga Zoo works","content":"#### sch.2-sec-oc.6 Taronga Zoo works\n\nTaronga Zoo works\n\n> > (1) Development for one or more of the following, having an estimated development cost, within the meaning of the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), of less than $1,500,000—\n> > \n> > > (a) the demolition or erection of, or alteration or addition to, structures used for the exhibition, conservation and care of animals,\n> > \n> > > (b) the erection of temporary structures,\n> > \n> > > (c) environmental protection works,\n> > \n> > > (d) the maintenance of existing buildings and structures, including minor internal building alterations,\n> > \n> > > (e) landscaping works, including fencing, retaining walls, paths, picnic facilities and the like,\n> > \n> > > (f) the erection of signage.\n> \n> > (2) Must be on the land known as “Taronga Zoological Gardens”, bounded by Bradleys Head and Athol Wharf Roads and Sydney Harbour, being Lot 22, DP 843294.\n> \n> > (3) Must not have a significant adverse impact on the heritage significance of the site.\n> \n> > (4) Must not have a significant adverse impact on the amenity of the surrounding area or nearby properties.\n> \n> > (5) Must not be carried out on or in a heritage item.\n> \n> > (6) Must be carried out in accordance with the conservation policy outlined in the Taronga Zoo Conservation Strategy, published in July 2002 and kept at the office of the Council.","sortOrder":149},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":150},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":153},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)","sortOrder":154},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2013 (288), Sch 1 \\[2\\]; 2015 No 58, Sch 2.21; 2016 (58), cl 5 (1)–(3); 2016 (293), cl 5; 2016 (356), Sch 1 \\[1\\] \\[2\\]; 2018 (30), cl 5 (1) (2).\n\n**Maps:** Am 2012 (206), cl 4; 2014 (347), cl 4; 2014 (425), cl 4; 2016 (58), cl 4; 2016 (122), cl 4; 2016 (293), cl 4; 2016 (356), cl 4; 2018 (30), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.","sortOrder":158},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":162},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":164},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":166}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has been amended repeatedly, adding and refining local rules and site‑specific permissions since its commencement (amendments recorded in cls and schedules). Notable changes widen or alter scope: savings and transitional treatment of pending DAs (cl 1.8A, amends 2014, 2019, 2025); new lot‑size exceptions and dual occupancy rules (cls 4.1A, 4.1B, 4.1C, 2025 inserts); floor‑space incentives for Spit Junction (cl 4.4B); and additional local provisions (e.g. landscaped areas cl 6.6, earthworks cl 6.7). These amendments introduce targeted permissions, incentives and new compliance requirements that modify the Plan’s original regulatory reach (see cls 1.8A, 4.1A–C, 4.4B, 6.6)."},"complexity_factors":["Map‑driven controls require cross-referencing multiple maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map) (cls 1.7, 2.2, 4.3, 4.4, sch 5).","Layered permission regimes (exempt, complying, development requiring consent) with detailed schedules and technical standards (Part 3, sch 2–3, cl 3.1–3.3).","Numerous site‑specific and schedule‑based exceptions and additional permitted uses for particular lots (sch 1; cl 2.5), increasing interpretive complexity.","Technical quantitative controls (minimum lot sizes, landscaped area percentages, FSR calculations and exclusions, wall/roof heights) that require measurement and specialist assessment (cls 4.1, 4.4, 4.5, 4.3A, 6.6).","Multiple environmental, heritage and natural‑hazard overlays with consent triggers and consultation requirements (heritage items and conservation areas, foreshore, acid sulfate soils, flood planning) (cl 5.10; cls 6.1–6.4; cl 5.21).","Discretionary exceptions regime allowing contravention of development standards subject to justification and recordkeeping (cl 4.6), creating case‑by‑case assessment demands.","Cross-references to State Environmental Planning Policies and other Acts (SEPPs, BASIX, Crown land, Native Vegetation, Fisheries, Local Government Act) increasing external compliance obligations (cls 1.9, 1.9A, various notes).","Extensive heritage inventory and locality‑specific technical conditions (Schedule 5 entries and archaeological sites) requiring bespoke heritage assessments and management plans (cl 5.10; sch 5)."],"plain_english_summary":"This local environmental plan sets the rules for land use and development in Mosman — zoning, what uses are allowed or prohibited, and standards for height, floor space, subdivision, heritage, foreshore and environmental protection. It applies to land shown on the Plan’s maps and makes the Council the consent authority. It affects landowners, developers, tenants and public authorities: applicants pay compliance and assessment costs; the Council decides consents; some site‑specific permissions and incentives modify standard limits (e.g. lot‑size and Spit Junction provisions)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":893},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2012 scope. Multiple amendments have added: dual occupancy provisions (2025), detailed public bushland protections (2022), earthworks controls (2022), local centre development controls (2022), and refined height and floor space ratio rules. The heritage schedule has grown substantially. The Plan now functions as a comprehensive development code rather than a simple zoning instrument."},"complexity_factors":["Multiple overlapping zone systems (residential, employment, special purpose, recreation, conservation)","Extensive cross-referencing to maps (Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Land Zoning Map, Scenic Protection Map, Acid Sulfate Soils Map, Heritage Map)","Nested conditional logic in development standards — exceptions to minimum lot sizes with multiple qualifying conditions","Heritage controls with 400+ individually listed items plus 12 conservation areas, each with specific notification and assessment requirements","Multiple savings and transitional provisions tracking amendments back to 2012","Floor space ratio calculations with complex site area exclusions, strata subdivision rules, and anti-'double dipping' covenant provisions","Detailed prescriptive standards for exempt development with dimensional limits and material specifications","Aquaculture provisions with zone-specific operational requirements and extensive definitions"],"plain_english_summary":"This is the **Mosman Local Environmental Plan 2012**, a planning rulebook that controls what can be built and how land can be used across Mosman, an affluent harbourside suburb in Sydney.\n\n**What it does:**\n\nThe Plan divides Mosman into **zones** that determine what development is allowed:\n- **Residential zones** (R2 Low Density, R3 Medium Density) — houses, apartments, dual occupancies\n- **Employment zones** (E1 Local Centre, E3 Productivity Support) — shops, offices, light industry\n- **Special zones** — for specific uses like Taronga Zoo or infrastructure\n- **Recreation zones** — parks, marinas, boating facilities\n- **Conservation zones** — national parks, bushland, environmentally sensitive areas\n\n**Key rules for property owners:**\n\n- **Height limits**: Buildings generally can't exceed 8.5 metres (about 2 storeys) in residential areas, with strict wall height and roof form controls to protect harbour views\n- **Floor space ratio**: Limits how much building you can put on your land — typically 0.5:1 in residential areas (meaning a 500m² lot can have max 250m² of floor space)\n- **Minimum lot sizes**: Subdivision is restricted — most residential lots must stay above certain sizes, though there are exceptions for semi-detached dwellings in some areas\n- **Landscaping**: New developments must include 25–50% landscaped area depending on lot size\n- **Heritage protection**: Hundreds of heritage-listed buildings and 12 conservation areas have special controls — you need consent to demolish or alter them\n- **Foreshore controls**: Strict limits on building near the water to protect views, natural features and public access\n\n**What doesn't need approval:**\n\nSome minor works are \"exempt development\" — no council approval needed. This includes small business signs, real estate signs, outdoor dining areas, and certain works at Taronga Zoo under $1.5 million.\n\n**What gets fast-tracked:**\n\n\"Complying development\" (faster approval) is limited in this Plan — most development needs full council assessment.\n\n**Special protections:**\n\n- **Scenic protection areas** — extra controls to preserve harbour views\n- **Public bushland** — can't be disturbed without strong justification\n- **Aboriginal heritage** — special consultation requirements\n- **Flood planning** — development must account for climate change and flood risks\n- **Acid sulfate soils** — special rules for excavation near the harbour\n\n**Recent changes (2025):**\n\nNew rules now allow **dual occupancies** (two dwellings on one lot) in low-density residential zones, with specific minimum lot sizes and subdivision rules.\n\n**Who decides:**\n\nMosman Council is the consent authority for most development, though some state projects are exempt."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose — regulating land use in Mosman — has not changed, the scope has materially expanded through over 50 amendments since 2011. This is typical of LEPs, which are progressively updated to reflect state government policy changes (such as new SEPPs), housing targets, heritage listings, and site-specific rezonings. The plan as it stands today is substantially more detailed and differently configured than when it commenced in December 2011."},"complexity_factors":["Extensive amendment history — over 50 separate versions since 2011, meaning the rules have changed repeatedly and determining what applied at any given date requires careful version tracking","Operates under the Environmental Planning and Assessment Act 1979 (a major, complex NSW planning statute) and must be read alongside it","Standard instrument LEP format means it interacts with state-level standard templates, state environmental planning policies (SEPPs), and council development control plans (DCPs) — none of which stand alone","Land use zoning creates a layered permission system — what is allowed depends on zone, use type, whether it is permitted with or without consent, and applicable development standards","Heritage, environmental, and character overlays add additional layers of control on top of base zoning","Practical application requires cross-referencing multiple maps, schedules, and definitions not visible in the provided content","Long operational life (14+ years) with frequent amendments creates risk of relying on an outdated version"],"plain_english_summary":"The Mosman Local Environmental Plan 2012 is the legal rulebook controlling land use, development and conservation across Mosman. It affects homeowners, developers, businesses and buyers by zoning land, limiting building heights and floor space, protecting heritage and trees, and defining what work needs council approval. The document provided was the LEP’s status/history only: it’s been amended 50+ times since 2011, with the latest consolidated version effective 31 October 2025."}},"importantCases":[],"_links":{"self":"/api/acts/mosman-local-environmental-plan-2012","history":"/api/acts/mosman-local-environmental-plan-2012/history","analysis":"/api/acts/mosman-local-environmental-plan-2012/analysis","conflicts":"/api/acts/mosman-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/mosman-local-environmental-plan-2012/important-cases","documents":"/api/acts/mosman-local-environmental-plan-2012/documents"}}