What is Council proposing?
The proposed Northern Beaches LEP and DCP would substantially increase landscaped area requirements and reduce the area of land that may be occupied by buildings and other developed surfaces across the Deferred Lands.
For example, land proposed to be zoned R5 in Belrose North would have its landscaped area requirement increased from 30% to 80%. On a five-acre parcel proposed to be zoned RU4 in Oxford Falls, the proposed controls could reduce the permitted building site coverage from approximately 70% to 10%.
What currently applies?
Under Warringah LEP 2000, the minimum landscaped open space requirement is 30% of the site area.
For the purpose of measuring landscaped open space:
- driveways, paved areas, roofed areas, tennis courts, parking areas, stormwater structures, decks and areas less than two metres wide or long are excluded;
- the water surface of swimming pools and naturally occurring impervious surfaces, such as rock outcrops, are included;
- landscaped open space must be at ground level; and
- the minimum soil depth for land counted as landscaped open space is one metre.
How do the proposed controls operate?
The draft DCP proposes maximum building site coverage controls for RU2 and RU4 land based on site area:
| Site area | Maximum building site coverage |
|---|---|
| Less than 3,000 m² | 30% of the site area or 300 m², whichever is greater |
| 3,000 m² up to 2 hectares | 15% of the site area |
| 2 hectares or greater | 10% of the site area |
Areas outside the permitted building site coverage are also proposed to exclude paved, sealed, gravel and turf-cell surfaces and are expected to support vegetation.
Why does WUFA disagree?
The proposed controls represent a major reduction in the practical use of land compared with the controls that currently apply. They would affect not only buildings, but also driveways, parking, recreation areas and other necessary improvements.
The controls are particularly difficult to justify on large rural and rural-residential properties, where a low percentage site coverage can still leave the overwhelming majority of the land undeveloped and landscaped.
The Department of Planning's Gateway assessment expressly stated that it did not support the landscaped area provision in its current form. The comparative chart included in the Gateway material also shows that the proposed landscaped area percentages are substantially higher than many controls applied by other councils and the NSW Housing Code.
Why this matters
- The proposed controls may substantially reduce development flexibility on existing lawful lots.
- Large landscaped area requirements can restrict necessary driveways, parking, access, recreation and ancillary structures.
- The same percentage can produce an unreasonable result when applied to a large rural property.
- The Department of Planning has already raised concerns about the proposed landscaped area provision.
- New controls should be proportionate, evidence-based and consistent with the existing character of the Deferred Lands.