Local Environmental Plan 2012
The Waverley Local Environmental Plan (LEP) is the principal environmental planning instrument used by councils to regulate land use and influences planning and development decisions within the Local Government Area (LGA).
The LEP is prepared and gazetted by the State Government in accordance with the Environmental Planning and Assessment Act 1979, giving legal effect to where and under what circumstances sites can be developed or environmental controls put in place. It is made up of a written instrument and maps and came into effect on Friday 26 October 2012.
The LEP contains zoning and land use information, specifying what uses are permitted or prohibited in each zone, development controls such as height of buildings, floor space ratio and incentives for affordable housing, provisions for the reservation of land, protection of trees and heritage conservation, as well as a number of other environmental requirements.
Although easy to read, the LEP is long document. For residents after a general introduction to the planning process, read the Development Application Process guide.
Previous Local Environmental Plans
FAQs
Zoning determines how land can be used (for example for housing, industry or recreation). The LEP specifies the zone objectives for developments, developments that may be carried out with or without development consent and development that is prohibited.
Building height generally refers to the distance between the existing ground level (this can include sub-floor spaces) and the top of the building directly above that point. Building height controls aim to ensure that building heights preserve environmental amenity, solar access and establish building heights that are consistent with the locality.
Floor space ratio is used to help establish the building envelop for a site and encourage an acceptable building bulk. The floor space ratio of buildings on a site is calculated by dividing the gross floor area of all buildings within the site by the total area of the land.
Under the Environmental Planning and Assessment Act 1979 development standards are defined as the regulations relating to the carrying out of a development, which specify the standards of any aspect of the development. Development Standards are specified in the Waverley LEP.
The main development standards specified in the Waverley LEP include the floor space of a building in relation to the land area, the height of a building and the size of land (when seeking subdivision).
In most cases development should comply with development standards that apply to a site. These standards have been set to ensure zone objectives are met, preserve the amenity of the site and mitigate unacceptable impacts on the environment and surrounding land uses. In circumstances, rigidly applying predetermined development standards is not always the best way to achieve good planning outcomes.
Under the LEP, applicants can vary the development standards (in certain situations) through a clause 4.6 variation request. Clause 4.6 of the LEP provides a degree of flexibility in circumstances where environmental planning objectives can be satisfied despite not meeting the required development standard. Clause 4.6 is a standard clause in every LEP. To vary a development standard, an applicant formally lodges a written request to Council addressing the matters set out under Clause 4.6 in the LEP.
Council needs to be satisfied that the applicant has adequately addressed the LEP and demonstrate that the particular circumstances of the case (including the amenity impacts) are satisfactory and the proposal will be consistent with the objectives of the related standard. Council also needs to consider environmental outcomes, social outcomes and/or economic outcomes within any DA regardless of whether a clause 4.6 variation is being sought or not.
The LEP is typically reviewed every one to two years, with amendments made more frequently if required.
Voluntary Planning Agreement (VPA)
Voluntary Planning Agreements (VPAs) are legal agreements between developers and planning authorities, such as councils or the Department of Planning and Environment.
VPAs are permitted under Section 7.4 of the Environmental Planning and Assessment Act, 1979 (EPA Act). The EPA Act sets out clear guidelines that both the planning authority and developer have to follow when entering into a VPA.
Under the legislation, VPAs can be entered into as part of a development application or as part of a request to amend an environmental planning instrument such as a Local Environmental Plan.
Generally, public benefits provided through a development are to be used towards a public purpose. A public benefit can include, but are not limited to the following:
- Public amenities and public services
- Affordable housing
- Transport or other infrastructure relating to land
- Funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure
- The monitoring of planning impacts of development
- The conservation or enhancement of the natural environment.
For more information, refer to the Planning Agreement Policy.
For a list of current VPAs and the Waverley Public Benefit Register (a list of suggested public benefits for future VPAs), refer to the Other Registers.
Duty Planner
Council has a Duty Planner available for general enquiries relating to the planning process, policies and lodgement requirements. The Duty Officer is not able to provide detailed planning advice or high level planning information.
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