A local environmental plan (LEP) is a legal instrument that zones land, and includes controls to regulate the use and nature of development of the land.

This planning proposal seeks to introduce a local provision that allows alternative maximum height of buildings and Floor Space Ratio (FSR) on the subject site if certain requirements are met.

The planning proposal seeks to amend the Woollahra LEP 2014 to increase the permitted building height from 14.5m to 46m, and the FSR from 1.5:1 to 5:1.

The alternative maximum height of buildings and FSR will be enabled via a site specific clause that will set out the requirements to be met to obtain the alternative height of buildings and FSR.

The requirements to be met are:

• All lots comprising the land being amalgamated into one lot,
• The whole of the amalgamated lot being developed as one development,
• No vehicular access is to be provided from New South Head Road,
• The development is to include a non-residential floor space (e.g. offices or shops) as a minimum of 1:1 FSR and a maximum rate of 2:1 FSR. The rest of the building would consist of units,
• The development will achieve Design Excellence.

This matter is the result of an owner-initiated request for a planning proposal that Council resolved not to support on 25 July 2022. Following a review, the Sydney Eastern City Regional Planning Panel recommended the planning proposal be progressed on 18 August 2022.

The planning proposal is categorised as standard as described in the Local Environmental Plan Making Guideline August 2023. Council has not been authorised by the Department of Planning and Environment to make the LEP under section 3.36 of the Environmental Planning and Assessment Act 1979.

A VPA is an agreement between Council and a developer, where the developer agrees to make contributions towards public infrastructure.

Pursuant to Section 7.4 of the Environmental Planning & Assessment Act 1979 and under Council’s current VPA policy, a share of the land value increase facilitated by a planning proposal can be obtained by Council for the community’s benefit.

Negotiated and drafted by Council’s Infrastructure & Sustainability team and the applicant, the draft VPA proposes that the contributions be used by Council in two ways:

• To fund affordable housing at the rate of 5% of new residential floor space
• To contribute to other infrastructure in the precinct

The draft VPA will realise up to $2.7M towards affordable housing and up to $2.3M towards other infrastructure depending on the amount of floor space ultimately approved by the planning proposal.

The draft VPA would be in addition to any other development contributions collected in accordance with Council’s policy for the same purpose of community benefit.