Fairness · Recommendation 1

Retain existing permissible land uses

Create an Additional Permitted Uses layer so lawful land-use opportunities under WLEP 2000 are not broadly extinguished.

What is the issue?

The draft Northern Beaches LEP proposes to reduce the range of land uses presently permissible in the deferred lands. Council’s comparison indicates that the number of permissible uses may fall from about 170 to between 23 and 44, depending on the proposed zone.

Why does WUFA disagree?

Permissible land uses affect the future flexibility, value and practical use of land. WUFA considers that long-standing lawful opportunities should not be removed without a clear and persuasive planning justification.

Key points

  • Many currently permissible uses are proposed to become prohibited.
  • The scale of the reduction differs between C3, RU4, R5 and R2 land.
  • The exhibited material provides limited site-specific justification for many removals.
  • Additional Permitted Uses provide a practical way to retain appropriate existing rights.

Examples

Land useExisting positionDraft positionWUFA position
Veterinary hospitalsPermissible in relevant existing frameworkRemoved from some proposed zonesRetain where appropriate
Storage premisesPermissible in relevant existing frameworkRemoved from proposed zoningRetain through APU
Animal boardingCurrently available in relevant circumstancesNot included in proposed R5 tableAdd to R5

This is a concise example only. Refer to the supporting comparison documents for the complete analysis.

WUFA recommendation

Existing lawful land uses should be retained through an Additional Permitted Uses provision unless Council demonstrates a clear strategic planning, environmental or public-interest reason for their removal.