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 Department does not support the landscaped area provision in its current form."
— NSW Department of Planning, Housing and Infrastructure, Gateway determination report PP-2024-1343, §6.2.1 (p 57)
The Department noted it would support "a revised, outcome-based landscaped area clause in the LEP where strategically justified" — which is precisely the reasonable, evidence-based approach WUFA is asking for. On the proposed numbers, the Department was direct: thresholds such as "80% in R5 zones are among the highest in NSW", and "Council should provide further evidence to support any above-average thresholds" (p 60). The Department's own analysis found the average landscaped area across 3,334 properties surveyed was 46% (p 59) — far below the proposed 80%.
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.
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 does not support the landscaped area provision in its current form.
- New controls should be proportionate, evidence-based and consistent with the existing character of the Deferred Lands.