What is the issue?
The draft Northern Beaches LEP proposes minimum lot-size controls for the deferred lands that are substantially larger than the controls applying to comparable land elsewhere in the Northern Beaches.
WUFA considers that the minimum lot sizes applied to the deferred lands should match the standards applying to equivalent zoned land elsewhere in the Northern Beaches, rather than continuing an outdated control that effectively sterilises otherwise developable land.
What does the planning evidence show?
Two planning authorities have already answered this question — in their own words.
1. Council's own assessor — DA2018/0401 (2018)
"…no discernible public benefit in maintaining the planning controls adopted by this plan."
— Northern Beaches Council Assessment Report, DA2018/0401
2. NSW Department of Planning — concurrence for DA2013/0587 / MOD2019/0226, Bundaleer Street, Belrose (9 July 2020)
"…there is no public benefit in maintaining the maximum of 1 dwelling per 20-hectares of site area development standard."
— Department of Planning concurrence letter, 9 July 2020
Where the public-benefit test comes from
The historic housing density control for Locality C8 – Belrose North under the Warringah Local Environmental Plan 2000 provides:
Housing density
The maximum housing density is 1 dwelling per 20 hectares of site area.
Development consent may nevertheless be granted for development that exceeds that standard. Where the proposal exceeds the standard by more than 10%, the consent authority must consider:
- the impact of the resulting housing density on State or regional environmental planning; and
- the public benefit of maintaining the planning controls adopted by this plan.
Where the standard would be contravened by more than 10 per cent, consent also requires the concurrence of the Director.
Why this is important
The Warringah LEP 2000 does not require the one dwelling per 20-hectare standard to be applied in every circumstance. Instead, it expressly requires the consent authority to consider whether there is a public benefit in maintaining that planning control.
This is a significant distinction. It recognises that planning controls should only be retained where they continue to achieve a legitimate planning objective.
These two separate decisions demonstrate that the relevant planning authorities have each accepted that the historic control should not automatically continue to apply where it no longer serves a genuine planning purpose.
What are the current minimum lot sizes in the Northern Beaches?
WUFA recommends applying to the deferred lands the same minimum lot-size standards that apply to equivalent zones elsewhere in the Northern Beaches under the current Local Environmental Plans. WUFA is completing verification of those standards against the certified LEP maps and will publish the full comparison here.
WUFA recommends consistent controls for the deferred area
To maintain consistency with the existing Local Environmental Plans across the Northern Beaches, WUFA recommends that the draft Northern Beaches LEP adopt the following minimum lot sizes for land within the deferred area.
| Zone | Proposed minimum lot size |
|---|---|
| RU4 | 20,000 m² |
| R5 | 4,000 m² |
| R2 | 600 m² |
Why does this matter?
- Minimum lot sizes affect subdivision, boundary adjustments and the future development potential of land.
- Unnecessarily large standards can prevent practical development even where environmental and infrastructure constraints can be addressed through the development assessment process.
- Comparable land should be subject to comparable controls unless Council identifies a clear, site-specific planning reason for different treatment.
- Consistent controls improve fairness, planning certainty and confidence for landowners.
- Minimum lot-size mapping can materially affect property value and should therefore be supported by transparent evidence.