PLANNING REGULATIONS AND DOCUMENTS

1 - Introduction
The State Government in New South Wales requires all local councils to regulate development in their area in compliance with a number of acts and planning instruments. In addition to the Local Environment Plan (LEP) which all councils are obliged to create and maintain, some areas may also be subject to Regional Environmental Plans (REPs) and other special State planning instruments in particular areas of State significance.

The Lane Cove LEP applies to all areas in Greenwich and, in general, sets out the kind of development permitted in the many different zonings within the municipality. Note, however, that its zonings may be over-ridden on occasion through applications for special purposes - eg for aged care housing under SEPP (State Environmental Planning Policy) No 5.

The LEP is a strong document, the requirements of which Council is not at liberty to vary through exercise of discretionary powers.

2 - Local Environment Plan and Zonings
Every municipality in New South Wales is obliged to maintain a planning instrument, generally a Local Environment Plan (some councils still have Planning Schemes) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and its subsequent amendments.

Lane Cove Council's relevant plan was originally gazetted in October 1987, and has since been amended in detail 39 times. The current issue (updated and reprinted 31st August 2001) incorporates Amendments 1-51 (12 Amendments have not been proceeded with). The last issue obtained from Council (updated and reprinted 3 November 1999) incorporated Amendments 1-44, and Amendments 45 and 46 are bound separately.

The LEP is read in conjunction with the Zoning Plan (an A0 sized document) dated December 1986, which shows a street and property plan of the whole municipality - all colour coded and marked to show the zone designations of each property and area of land.

Most of Greenwich is Zoned:

(a1) - Residential A1 - Detached single family dwellings and single storey villas, or
(a2) - Residential A2 - Ditto, but without villas, and not adversely affecting views from Lane Cove or Parramatta Rivers

But there are pockets zoned Residential C (higher density housing including townhouses, villas and residential flats), General Business B (Offices and retail) and Neighbourhood Business C (Small Scale Retail). A number of other uses which serve those zones are permitted as well, such as childcare, doctors' rooms, etc. depending on the zone.

(Most of the Pacific Highway frontage is zoned General Business B and Residential C, for example. Greenwich Rd north of River Rd is zoned Residential C, as are pockets south of the Community Centre and immediately north of Shell Park. The Greenwich shopping centre is zoned Neighbourhood Business C).

There is also one area (Shell Gore Cove oil terminal) zoned Industrial Waterfront B, and several that are zoned Special Uses A - eg schools, hospitals and community facilities.

There are some undeveloped areas zoned Open Space Recreation A, Bushland B, and Local Open Space Reservations A or C. The last named apply to small pockets of land (eg just north of Shell Park and in the bush near Innes Rd) that are currently privately owned, but should eventually be acquired by Council or the State, respectively.
A few sites may have existing use rights, that is, they do not match zones introduced after they were constructed.

The LEP sets out provisions defining permitted usage within each zoning, and includes a range of definitions. Amongst other things, it also sets out provisions governing Dual-Occupancy, subdivision and demolition (not permitted without consent) and preservation of trees. Dual occupancy is not permitted for blocks under 750m2 for attached dwellings, nor 900m2 for two separate dwellings.

The LEP sets limits for permissible floor space ratios for dwellings, villa homes, townhouses and residential flats, and also sets limits on the number of dwellings permissible for the available site area - eg one per 175m2 for residential flats in Zone 2c.

In addition, the LEP requires special consents to protect structures scheduled as Heritage Items (an extensive schedule is included) and to protect listed potential archaeological sites.

We will concentrate here chiefly on DAs and construction permitted in Residential Zones A1 and A2, since these areas cover most of the contentious developments in our area.

Lane Cove Council is currently undertaking a major review of its Local Environmental Plan with the aim of consolidating all the amendments to date and producing a fresh document. This may take over a year to produce, and its issue is now further complicated by a new State Government initiative seeking to establish new Regional Planning policies, amongst other things.
The Local Environment Plan is an important document, since its requirements may not be varied by Council or its officers except by further amendments to the LEP itself, or by an application under State Environmental Planning Policy No.1relating to development standards.

3 - Development Control Plans
Further and more detailed requirements governing development within specific areas within the municipality are described in a number of Development Control Plans, the most relevant of which (to development within Greenwich residential areas) are:

· DCP 1 - Control of Development Adjacent to Bushland,
· DCP 6 - Exempt and Complying Development
· Residential Zones Development Control Plan.

There are quite a number of other DCPs applying generally, such as those for Business Zones and Industrial Zones, as well as other general policies for Stormwater and Drainage, Tree Preservation and Landscape, Vehicular Access and so on. In addition there are specific plans relating to specific areas, mainly outside the Greenwich peninsula.

DCP 6 lists most of the Lane Cove Council's general DCPs and policies, as well as other relevant codes and acts applying throughout New South Wales. It Should be read in conjunction with Clause 7A of the LEP. DCP 6 outlines 25 categories of Exempt Development that have minimal environmental impact, and which therefore do not require specific formal consent. These include minor structures, such as access ramps, air conditioning units, awnings, barbecues, decks, fences, garden sheds, skylights and the like.

It also sets out Pre-set Standards/Requirements for 9 categories of Complying Development that may be promptly certified by Council or Accredited Certifiers provided the listed requirements are met, and the specified procedures are followed. In the case of Complying Developments, the applicant must (among other requirements) notify Council and neighbours before work begins.

DCP 1 is designed to protect bushland from degradation that could result from development work adjacent to both public and private bush areas. It provides, inter alia, for runoff controls, buffer areas, and landscape plans, as well as for protection of trees. Developments remote from bushland are not subject to this DCP.

The Residential Zones DCP 1987 (last updated March 1997) sets particular requirements for:

· Development in Foreshore Areas,
· Villa Homes,
· Town Houses,
· Flats,
· Motels, and
· Subdivision.

It also lists Trees and Shrubs indigenous to Lane Cove which are suitable for landscape plans.

In general, only the first two sets of these requirements apply to most of the Greenwich residential area covered by this review.

The Foreshores provisions only apply to structures or proposed structures located within 30 metres of the mean high water mark on Lane Cove or Parramatta Rivers. They set additional restrictions on building design, style, height and setbacks to fairly apportion water views and minimise impact and prominence when viewed from these rivers.

The Villa Homes provisions define where such homes may be proposed, and to what standards they must be built. Villa homes may not exceed one storey in height, though three to twelve such dwellings may be built on one residential block. The maximum Floor Space Ratio permissible for these developments, including covered car parking, is 0.4:1, and a minimum of 45% of the site must be landscaped. The site area must exceed 350m2 per villa, and off-street parking must be provided.

4 - Code for Dwelling Houses
This code, which applies widely to all residential development within the Greenwich area, was issued in September 2000, and supersedes Council's Building Policy Code issued in March and November 1997.

It makes reference to Councils LEP, Residential Zones DCP, DCP 1 -Bushland - (all referred to above), and also to Council's Swimming Pool Code for Private Swimming Pools, and Council's Fencing Policy.

Amongst other things, this Code sets out aims and objectives to preserve a high standard of residential amenity, protect the local environment and the reasonable rights of neighbours. It also specifies minimum information levels to be provided with all applications for new dwellings or major alterations the area of which exceeds 30% of existing floor space.
Amongst other things, this code sets the following minimum standards for dwelling houses:

· Floor Space Ratio - Not more than 0.50 for site areas exceeding 550m2, but allowing a sliding scale of up to 0.70 for smaller blocks down to 350m2 in size.

· Height - No more than 7.0m from any point to uppermost ceiling, nor 9.5m to highest point of the roof, measured vertically above natural ground level at any point

· Building Line - Minimum of 7.5m from front boundary, with some concessions for carports.

· Setbacks - Minimum of 1.2m to side boundary for single storey dwellings, or 1.5m for two storey dwellings.

The Code also provides safeguards against overshadowing and overlooking of neighbours.

In this respect, adjoining premises must have reasonable sunlight to habitable rooms and recreational areas between 9am and 3pm during the winter solstice on 22nd June, and their north facing windows must receive at least 3 hours of sun over a portion of their surface on this shortest day.

As regards privacy, windows, balconies and decks shall not be situated directly opposite the equivalents in adjoining dwellings, and new buildings or additions are to be designed to avoid overlooking adjoining dwellings, or screening must be provided. Unless privacy is not an issue, elevated decks or balconies may not exceed 3m in width.

Further requirements are set as regards landscaping, energy efficiency, outbuildings and inclinators.

In general, no dwelling will be permitted to exceed two storeys in height above natural ground level at any point. A third storey is, however, permissible if contained within the roof space.

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This version was posted in August 2002