FAQs

The Mosman LEP 2012 commenced on 1 February 2012. Schedule 1 Additional permitted uses contains 13 areas subject to additional permitted uses and Schedule 5 Environmental heritage lists 481 heritage items, 13 heritage conservation areas and 10 archaeological sites. 

An administrative review of all properties subject to additional permitted uses, heritage items and heritage conservation areas within the Mosman Local Government Area was undertaken. Three additional permitted uses, four heritage conservation areas, three archaeological sites and 35 heritage items have been identified as requiring amendments to their name, address, property description and/or spatial boundaries.

The review did not consider the merits or significance of the additional permitted uses, heritage items, archaeological or heritage conservation areas. Therefore, the draft Planning Proposal is administrative in nature and is not anticipated to have any adverse impacts. The draft Planning Proposal has been broken down into three main topics – Heritage, Additional Permitted Uses and Drafting Error.

Council seeks to make the following amendments to Mosman LEP 2012:

Heritage

Schedule 5 identifies three different classifications of heritage which are heritage items, heritage conservation areas and archaeological sites. The draft Planning Proposal seeks to undertake the following heritage amendments: 

• Amend details for 35 heritage items including: 
  • One (1) Item name update 
  • Five (5) Address updates 
  • Twenty-nine (29) Property description updates 
  • Ten (10) heritage item curtilage updates on the Heritage Map (Total is greater than 35 as some items have multiple categories of amendments) 
•  Amend spatial boundaries of Heritage Map for four (4) heritage conservation areas. 
•  Remove one (1) Heritage item (I172, House, 17 Morella Road) from Schedule 5 and the Heritage Map of the Mosman LEP 2012

The removal of Item I172 (House, 17 Morella Road) from Schedule 5 of the Mosman LEP 2012 and the associated Heritage Map aligns with the administrative nature of the draft Planning Proposal on the basis that the item has already been lawfully demolished following a rigorous development assessment and approval process(DA 8.2010.312.1).

Additional Permitted Uses

Schedule 1 Additional permitted uses of the Mosman LEP 2012 lists land that is subject to additional land use activities beyond what is normally permitted under the land’s prescribed zoning. The draft Planning Proposal seeks to amend three (3) additional permitted uses listed in Schedule 1 by updating the legal description of the relevant land.

Drafting Error

Clause 5 of section 4.3A Height of buildings (additional provisions) of the Mosman LEP 2012 contains definitions to assist in the interpretation of the section. The definition for wall height has the numbering for two points listed in incorrect order, i.e. (b) and (a). The numbering of each point should be swapped to fix the error and ensure clarity of the definition, i.e. (a) and (b).

Yes. You can make a submission on or before the close of submissions date of 12 November 2026 by emailing a written submission to council@mosman.nsw.gov.au.

All submissions will be available for inspection on Council’s document management system and website under Council’s Access to Information Policy.

Following public exhibition, Council planning staff will respond to any issues raised in a report to Council. Council may resolve to make the LEP and issue it to the Department of Planning, Housing and Infrastructure for notification and finalisation. 

Council will then prepare instructions for Parliamentary Counsel to draft the LEP and issue opinion that the LEP can be made. 

The document library within this consultation webpage includes: 

• Planning proposal for the proposed changes to Mosman Local Environmental Plan 2012 
• Gateway Determination from the Department of Planning, Housing and Infrastructure