FAQs

The draft LEP 2020 proposes Clause 6.4 (Stormwater management) to minimise the impacts of urban stormwater runoff to protect and improve the environmental health of the LGA’s waterways. This provision would apply to all new developments and to substantial redevelopments across the LGA.

If a development is proposed to which this clause applies, consideration must be given to the impacts of stormwater runoff on adjoining properties, native bushland, receiving waters and the downstream stormwater system and incorporate design measures to maximise on-site infiltration of water and on-site stormwater detention or retention to reduce the development’s reliance on mains supplied water if practicable.

The capacity analysis of stormwater and sewage infrastructure is assessed at the Development Application (DA) stage for both individual and cumulative impacts. Discharge of runoff to sewer and water mains, stormwater drains and/or easements are also matters considered at the DA stage and if the development is approved, conditions placed in the development consent requiring Sydney Water’s certification and endorsement prior to the issue of the Construction Certificate.

Development consent would not be granted for development which is likely to significantly affect the environment or if discharge from the site cannot be accommodated within the existing stormwater infrastructure. Proposed Clause 6.4 of the draft LEP will be supported by Council’s Stormwater Management Policy (the Policy) which was on public exhibition from 1 February 2020 to 13 March 2020 and will be reported to Council in June 2020 for adoption. The Policy provides detailed information in relation to on-site stormwater management, design requirements for developments on both public and private land and measures to improve the water quality of natural watercourses. The Policy also proposes to adopt WSUD principles in managing the water cycle in the urban environment of the Georges River LGA.

The FSPA is a continuous area along the foreshore that is visible from the Georges River with significant character, environmental and scenic values. It is identified on the Foreshore Scenic Protection Area Map and by a local provision clause in Part 6 of the draft Georges River Local Environmental Plan (LEP) 2020.

The purpose of the FSPA Map and planning provision is to control development within the Georges River foreshore area to protect, maintain and improve the scenic amenity. Georges River Council is one of the few councils in NSW that provide a scenic protection planning control for its foreshore in addition to other foreshore planning controls, including the foreshore building line, coastal hazards, and riparian lands and watercourses.

Please refer to Fact Sheet 10 – Foreshore Areas for more information on the FSPA and the other foreshore planning controls.

Yes. Council held an intensive community engagement program in 2019 for the Georges River Local Strategic Planning Statement 2040 (LSPS 2040).

The LSPS identifies that Council currently has inconsistent foreshore planning controls and needs to consolidate the existing planning instruments to adopt a consistent LGA-wide approach to foreshore planning and policy.

The following are two of the actions in the LSPS relevant to the proposed FSPA changes:

• Action A83 – Review development controls in the foreshore area to protect the Georges River from inappropriate development in Council’s LEP 2020 and DCP 2020
• Action A84 – Expand the Foreshore Scenic Protection Area across the LGA through Council’s LEP 2020

• Action A83 – Review development controls in the foreshore area to protect the Georges River from inappropriate development in Council’s LEP 2020 and DCP 2020

In relation to Action A83, the draft LEP 2020 proposes a number of local provisions to strengthen the protection and conservation of foreshore areas. These include:

• Clause 6.5 – “Foreshore area and coastal hazards and risks” – the objective of this clause is to protect people and property from unacceptable risk from coastal hazards associated with climate change, to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area and to encourage opportunities for public access to and along the foreshore.
• Clause 6.6 – “Riparian lands and watercourses” – the objective of this clause is to protect and maintain water quality within watercourses, the stability of the bed and banks of watercourses, aquatic and riparian habitats and ecological processes within watercourses and riparian areas.
• Clause 6.7: “Foreshore scenic protection area” – the objective of this clause is to protect, maintain and improve the scenic amenity, significant views, diversity and condition of native vegetation and habitats, and environmental, social and character values of the Georges River foreshore in line with the overarching principles of this LEP.

The above clauses were recommended in the Foreshore Strategic Directions Paper (Paper) to address the existing gaps and issues in the current LEPs and related planning policies. The Paper recommends expansion of watercourse and bushland environmental protections to include specific reference to natural foreshores. The Paper also suggests that separate provisions be added in to the LEP that relate to foreshore protection and foreshore protection works. The draft LEP 2020 proposes the above local provisions to strengthen the protection and conservation of foreshore areas.

The HLEP 2012 contains a FSPA provision. This existing provision has been modified for inclusion in the draft LEP 2020 to include additional considerations regarding the protection and maintenance of the biodiversity within the FSPA. The proposed local provision will require that developments within the FSPA address a number of considerations, including protection of the natural environment, retention of vegetation and habitats, minimising height and bulk, and the impact on views and the visual environment.

Inclusion of this local provision will assist in ensuring the desired future neighbourhood character for the Georges River FSPA is achieved and is aligned with the principles of the draft LEP 2020 to enhance and protect the natural environment, especially in the foreshore area.

These local provisions are supported by Federal and State government environmental legislation which override the provisions of any LEP or Council policies. This legislation includes the Biodiversity Conservation Act 2016, Greater Metropolitan Regional Environmental Plan No. 2—Georges River Catchment, State Environmental Planning Policy (Coastal Management) 2018, State Environmental Planning Policy (Vegetation in Non Rural Areas) 2017 and State Environmental Planning Policy No. 19 – Bushland in Urban Areas.

• Action A84 – Expand the Foreshore Scenic Protection Area across the LGA through Council’s LEP 2020

In relation to Action A84, the draft LEP 2020 proposes to expand the FSPA into the former Kogarah LGA. The FSPA currently only applies to land in the former Hurstville LGA zoned under the HLEP 2012.

As discussed above, the draft LEP 2020 proposes to expand the FSPA into the former Kogarah LGA. The expansion into the former Kogarah LGA will add approximately 1,297 lots1 (in R2 and R3 zones) located across a range of suburbs located along the foreshore in the former Kogarah LGA as indicated in Table 1 below.

reduced to ensure a consistent approach across the LGA. The extent of the proposed FSPA is based on the character typologies, covering areas with higher sensitivities to change, as discussed below.

The proposed FSPA boundary change will involve the removal from the FSPA of approximately 2,380 lots4 located across a range of suburbs in the former Hurstville LGA as indicated in Table 2 below.

The FSPA has been informed by the Foreshore Strategic Directions Paper (Paper). As part of this Paper, a visual character assessment was undertaken of the foreshore localities to the ridgelines (as viewed from the water) and waterways along the land and water interface. As a result, the study area is categorised into distinct character areas (refer to Figure 1 below) to allow for the designation of a rating system in terms of the overall character value and the area’s sensitivity to change such as tree clearing, larger scale development, altered geology through cut and fill, and the replacement of incongruous development with contemporary styles.

The common characteristics and attributes of the character areas that are considered as having a High or Very High sensitivity rating are high levels of tree coverage, steep or undulating terrain with distinctive ridgelines, all with minimal visible built form.

These character typologies with High or Very High sensitivity ratings listed below generally have an interface with the Georges River and are predominantly located along the waterfront and towards the west of the study area:

• Bush Suburban
• Garden Suburban (larger lots)
• Reserve Edge
• Park Edge
• Naturalistic Edge
• Semi-Natural Edge
• Naturalistic Headland

Character areas to the east of Georges River are largely assessed as having a lower sensitivity rating. This is due to the flatter topography, lower vegetation coverage as a result of contemporary developments and the dominant built form character.

The detailed character analysis conducted by this Paper has informed the preparation of the proposed foreshore scenic protection area extent shown on the Foreshore Scenic Protection Area Map.

The extent of the existing FSPA in the former Hurstville LGA is proposed to be reduced to ensure a consistent approach across the LGA. The extent of the proposed FSPA is based on the character typologies, covering areas with higher sensitivities to change, as discussed above.

However, it should be noted that whilst the character area of “Garden Suburban (Large Lots)” is identified as having higher sensitivity to change by the Paper, this area has been excluded from the proposed FSPA as most of the residential properties located in this area are not included within the existing FSPA under the HLEP 2012. The inclusion of these properties within the FSPA would impose more stringent development controls for subdivision, dual occupancies, landscaping, and urban design requirements.

The proposed extent of the FSPA in the former Kogarah LGA has primarily been informed by the location of the foreshore localities identified within the existing Kogarah DCP and supplemented by the character typologies with higher sensitivities to change as identified by the Paper. This is due to the correlation between the existing larger lot size requirements in the foreshore localities and the FSPA.

It should also be noted that whilst the character area of “Jetty’s and Marina Edge” is identified as having lower sensitivity to change by the Paper, these areas are included in the proposed FSPA for the purpose of consistently applying the FSPA to all waterfront localities across the Georges River foreshore.

The proposed FSPA boundary does not change, add or remove any environmental considerations applicable to these areas.

Some types of development can occur in riverine areas, such as environmental works on bank edges, jetties and boathouses. Inclusion of these waterways in the FSPA will require these developments to be compliant with Clause 6.7 (Foreshore scenic protection area) of the draft LEP 2020 to protect, maintain and improve the scenic amenity, vegetation, threatened species and their habitats of the Georges River. Further information on the FSPA is available in the Planning Proposal report, including Appendix 4 (Local provisions).

The draft LEP 2020 has more detailed and restrictive planning provisions than the current FSPA provision under the HLEP 2012. The proposed provisions under the draft LEP 2020 applicable to development within the FSPA are summarised below:

Clause 4.1B Minimum Lot Sizes and Special Provisions for Certain Dwellings

The draft LEP 2020 includes minimum lot size requirements which are greater for properties within the FSPA compared to those outside the FSPA. The table below compares the existing provisions under the Hurstville and Kogarah LEPs to the draft LEP 2020. As indicated in Table 3 below, the existing larger minimum lot size requirements for properties within the FSPA have been retained, with the introduction of a larger minimum subdivision lot size requirement in the FSPA of 430sqm.

For more information regarding the FSPA provisions, refer to Fact Sheet 10 – Foreshore Areas.

Clause 6.7 Foreshore Scenic Protection Area

The HLEP 2012 contains a FSPA provision. This existing provision has been modified for inclusion in the draft LEP 2020 to include additional considerations regarding the protection and maintenance of the biodiversity within the FSPA. The proposed local provision will require that developments within the FSPA address a number of considerations, including protection of the natural environment, retention of vegetation and habitats, minimising height and bulk, and the impact on views and the visual environment. Inclusion of this local provision will assist in ensuring the desired future neighbourhood character for the Georges River FSPA is achieved and is aligned with the principles of the draft LEP 2020 to enhance and protect the natural environment, especially in the foreshore area.

Clause 6.11 Design Excellence

In response to the LSPS 2040 vision for well-designed development, this clause has been introduced to deliver a high standard of architecture and urban design across the LGA. It applies to certain developments in the FSPA such as dwelling houses, dual occupancies, bed and breakfast accommodation, health services facilities and marinas. Proposed developments will need to be peer-reviewed by an urban designer or a registered architect against the heads of consideration listed in this clause. The criteria include the suitability of the land for development, the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form, bulk, massing and modulation of buildings.

For more information regarding the Design Excellence clause, refer to Fact Sheet 11 – New Local Provisions.

Clause 6.13 Landscape Areas in Certain Residential and Environmental Protection Zones

To ensure the preservation of trees, the draft LEP proposes to introduce Clause 6.13 (Landscaped areas in certain residential and environmental protection zones). Clause 6.13 aims to ensure the landscaped character of residential suburbs is preserved and vegetation which contributes to biodiversity and tree canopy is retained, whilst also minimising urban run-off by maximising permeable areas on development sites. It should be noted that landscaping requirements are currently only contained in the Hurstville and Kogarah Development Control Plans. A minimum landscaped area requirement within the draft LEP provides greater legal weight to ensure the protection of local landscape character, the provision of sufficient tree canopy cover, building separation and deep soil to enable water infiltration to lessen the extent of urban runoff. It also promotes the protection and enhancement of the FSPA by requiring higher percentages of landscaping within this area for residential developments, as shown in Table 4 below:

Clause   6.13   Landscape   Areas   in   Certain   Residential   and   Environmental Potection Zones 

To ensure the preservation of trees, the draft LEP proposes to introduce Clause 6.13 (Landscaped   areas  in  certain  residential  and  environmental  protection  zones). Clause  6.13  aims  to   ensure  the  landscaped  character  of  residential  suburbs  is preserved  and  vegetation  which   contributes  to  biodiversity  and  tree  canopy  is retained,  whilst  also  minimising  urban   run-off  by  maximising  permeable  areas  on development sites. It should be noted that landscaping requirements are currently only contained in the Hurstville   and  Kogarah  Development  Control  Plans.  A  minimum  landscaped  area requirement  within  the   draft  LEP  provides  greater  legal  weight  to  ensure  the protection of local landscape character, the provision of sufficient tree canopy cover, building separation and deep soil to enable water infiltration to lessen the extent of urban  runoff.  It  also  promotes  the   protection  and  enhancement  of  the  FSPA  by requiring   higher   percentages   of   landscaping  within   this   area   for   residential developments, as shown in Table 4 below: 

The definition of “landscaped area” in the draft LEP 2020 “means a part of the site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.”

As  discussed  above,  land  within  the  FSPA  will  have  more  stringent  development controls under the draft LEP 2020, such as larger minimum lot size requirements for dual occupancy developments, thereby reducing the development potential of those areas. 

For properties proposed to be removed from the FSPA under the draft LEP 2020, the minimum lot size requirement for dual occupancy developments and land subdivision will be made consistent with the rest of the LGA and may result in the potential for developing a dual occupancy. 

Based on a desktop analysis of the site area of properties proposed to be removed from the existing FSPA under the draft LEP 2020, approx. 740 properties may gain the  potential  to  develop  a  dual occupancy  as  the  minimum  lot  size  requirement would be reduced from 1,000sqm to 650sqm consistent with other properties across the LGA.

The  FSPA  provision  is  not  a  biodiversity  provision,  rather  it  relates  to  scenic character  (including  the  built  environment)  and  hence  is  not  reliant  on  biodiversity information.  The  proposed  boundary  of  the  FSPA  under  the  draft  LEP  2020  has been   informed   by   technical   studies,   including   the   Foreshore   Study   and   the Foreshore   Strategic Directions Paper, that contain information on a scenic character analysis.

 Yes. Complying development can already occur on properties within the FSPA under the HLEP 2012 and would continue to be permitted in the proposed FSPA under the draft LEP 2020. Complying development can occur as the FSPA is not a consideration under the State Environmental Planning Policy (Exempt and Complying Development Codes 2008).