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Part 1 Preliminary

1 What is this plan called?

This plan is called Mosman Local Environmental Plan 1998.

2 What are the objectives of this plan?

The objectives of this plan are the following:
(a)  to provide an easily understood planning document based on clear objectives which meet community expectations,
(b)  to provide housing opportunities appropriate to environmental constraints while maintaining the existing residential amenity,
(c)  to provide business opportunities for a range of uses, including residential, which encourage local employment and economic growth,
(d)  to provide for a range of recreational and sporting opportunities to meet the needs of residents of and visitors to Mosman,
(e)  to identify land required for community purposes to allow for the improvement of the range of services provided,
(f)  to enhance and protect the scenic amenity of Sydney and Middle Harbours,
(g)  to retain views to and from water and foreshore reserves from and to public areas and streets and residential allotments,
(h)  to protect and conserve the natural and built heritage of Mosman,
(i)  to manage change in a way that ensures an ecologically and economically sustainable urban environment in which the needs and aspirations of the community are recognised,
(j)  to limit potential for additional traffic on the road system and to reduce car dependence through development that supports public transport, cycling and walking,
(k)  to minimise the level of, with the aim of eliminating, pollution of all types, including air, land, water, visual and noise pollution, which may result from development allowed by this plan,
(l)  to protect, conserve and enhance the landform and vegetation, especially foreshores or bushland, in order to maintain the landscape amenity of Mosman,
(m)  to provide for the social, recreational and support needs of people with disabilities and the needs of their carers,
(n)  to ensure that the housing needs of senior residents and residents with disabilities are met with appropriate housing options,
(o)  to minimise and manage all waste generated in Mosman in accordance with the principles of ecologically sustainable development,
(p)  to have regard to principles of ecologically sustainable development in assessing development applications.

3 Where does this plan apply?

(1) This plan applies to all land in Mosman as shown on the zoning map.
(2) However, this plan does not apply to certain land at Middle Head and Georges Heights, shown as “Deferred Matter” on the zoning map, except for the provisions of Part 9 (Heritage conservation) and Schedules 1, 2, 3 and 4 to the extent that Part 9 applies to those Schedules.
cll 3: Am 23.2.2001.

4 How does this plan affect other environmental planning instruments?

All local environmental plans applying to Mosman that were in force immediately before the commencement of this plan are repealed, except to the extent they apply to any land shown as “Deferred Matter” on the zoning map.

5 How are terms defined in this plan?

(1) Definitions of terms used in this plan are contained in Schedule 1.
(2) Notes in this plan and the list of contents do not form part of this plan.
cll 5: Am 23.2.2001.

6 Which model provisions does this plan adopt?

This plan adopts clauses 12, 19, 21, 22 and 31 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

7 Who is the consent authority for this plan?

The Council is the consent authority for the purposes of this plan.

8 What special provisions apply to the temporary use of land?

Regardless of any other provision of this plan, the Council may grant consent to any development, other than designated development, being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

8A Application of plan to Markham Close, Middle Head

(1) This plan applies to development within a Sydney Harbour Foreshore Site listed as Markham Close, Middle Head in Sydney Harbour Federation Trust Management Plan—Mosman No 3 (Markham Close) (9 December 2003, and amended 28 February 2005).
(2) The development controls in that management plan apply to development on land identified as Markham Close where there is an inconsistency with other controls in this plan or any Mosman development control plan.
cl 8A: Ins 2005 (194), Sch 4.3.

9 How are trees preserved?

(1) The Council, may, by resolution, make, revoke or amend a tree preservation order.
(2) A tree preservation order may prohibit the ringbarking, cutting down, topping, lopping, pruning, root pruning, removal, injury or wilful destruction of any tree except with the consent of the Council.
(3) A tree preservation order and any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the area of the Council.
(4) A person must not contravene a tree preservation order.
(5) The tree preservation order applying to the land to which this plan applies immediately before the commencement of this plan is taken to be a tree preservation order made and published in accordance with this clause.
cl 9: Am 2005 (432), Sch 1 [1].

10 What savings provisions apply in this plan?

(1) Nothing in this plan restricts or prohibits, or enables the Council to restrict or prohibit:
(a)  the carrying out of development described in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, or
(b)  the use of existing buildings of the Crown by the Crown, or
(c)  home occupations carried on in dwelling houses.
(2) Despite their repeal by clause 4 of this plan, local environmental plans applying to Mosman that were in force immediately before the commencement of this plan continue to apply, as so in force, to development applications that were made but had not been finally determined before that commencement.

10A What is exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Mosman Development Control Plan—Exempt and Complying Development as adopted by the Council on 31 August 1999 and amended on 12 February 2002, 3 September 2002 and 2 October 2007 is exempt development, despite any other provision of this plan.
(2) Development listed as complying development in Mosman Development Control Plan—Exempt and Complying Development as adopted by the Council on 31 August 1999 and amended on 12 February 2002, 3 September 2002 and 2 October 2007 is complying development if:
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
(3) Development is exempt or complying development only if it complies with the standards and other requirements applied to the development by Mosman Development Control Plan—Exempt and Complying Development as adopted by the Council on 31 August 1999 and amended on 12 February 2002, 3 September 2002 and 2 October 2007.
(4) A complying development certificate issued for any complying development is subject to the conditions for the development specified in Mosman Development Control Plan—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.
cl 10A: Ins 5.11.1999. Am 19.7.2002; 11.10.2002; 2007 (585), cl 4.

10B What general provisions apply to advertisements?

Despite any other provision of this plan, development may be carried out with consent on any land for the purpose of an advertisement if the Council is satisfied that:
(a) the advertisement only indicates the purpose for which the premises or site on which the advertisement is located is used, and
(b) the advertisement will not interfere with the amenity of the area.
cl 10B: Ins 5.11.1999.

Part 2 Residential zones

11 What residential zones apply in this plan?

(1) The following residential zones apply as identified on the zoning map:
2 (a1) Residential
2 (a2) Residential
2 (a3) Residential
2 (b) Residential
2 (c) Residential
2 (d) Residential
2 (e) Residential
(2) The following development control tables outline the objectives of residential zones and specify what development may be carried out without development consent, or only with development consent, and what development is prohibited, in each residential zone.
Development control table
2 (a1) Residential, 2 (a2) Residential and 2 (a3) Residential Zones
1   Objectives of zones
•  Retain the single dwelling character of the environmentally sensitive residential areas of Mosman
•  Maintain the general dominance of landscape over built form, particularly on harbour foreshores
•  Maintain the existing subdivision pattern
•  Ensure that sites are of sufficient size to provide for buildings, vehicular and pedestrian access, landscaping and retention of natural topographical features
•  Ensure that development is of a height and scale which complements existing buildings and streetscapes
•  Allow for some non-residential uses that would not adversely affect the living environment of the area
•  Encourage residential development which has regard to local amenity and, in particular, public and private views
2   Development allowed without development consent
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
bed and breakfast establishments
child care centres (allowed in the 2 (a1) Residential and 2 (a3) Residential zones only)
drainage
dwelling houses
home businesses
open space
places of public worship
roads
semi-detached dwellings
utility installations (other than gas holders or generating works)
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
Development control table
2 (b) Residential, 2 (c) Residential, 2 (d) Residential and 2 (e) Residential Zones
1   Objectives of zones
•  Ensure a variety of housing types in Mosman
•  Maintain and enhance landscaping as a major element in the residential environment
•  Provide for housing which is compatible with surrounding development in terms of bulk, height and scale
•  Allow for some non-residential uses that would not adversely affect the living environment of the area
•  Provide for some flexibility in development standards in the 2 (e) Residential zone to provide more housing opportunities
•  Ensure that development includes adaptable and accessible housing
•  Encourage residential development which has regard to local amenity and, in particular, public and private views
•  Maintain the natural character of the harbour foreshore by ensuring that landscape dominates over built form
2   Development allowed without development consent
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
bed and breakfast establishments
boarding houses
child care centres
drainage
dwelling houses
educational establishments
home businesses
multiple dwellings
open space
places of public worship
roads
semi-detached dwellings
utility installations (other than gas holders or generating works)
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
cl 11, table: Am 5.11.1999; 24.10.2003; 2006 (146), cl 4.

12 What controls apply to subdivision in residential zones?

(1) The objectives of this clause are:
(a)  to retain the pattern of subdivision in residential areas while allowing infill development of smaller lots in some localities, and
(b)  to ensure lots have a minimum size which would be sufficient to provide useable area for building and landscaping, and
(c)  to require larger lots along the foreshore or where the topography or other natural features of a site limit its subdivision potential, and
(d)  to provide small lot subdivision in some zones as an alternative to redevelopment for the purpose of multiple dwellings to ensure the retention of the existing dwelling stock and the amenity of the area.
(2) A lot resulting from a subdivision of land in a residential zone for the purpose of dwellings and a lot on which a dwelling house or semi-detached dwelling is erected in a residential zone must comply with the requirements of the Table to this subclause.
Table
Zone
Minimum lot size
2 (a1) Residential
700 m²
2 (a2) Residential
930 m²
2 (a3) Residential
450 m² (except for erection of a semi-detached dwelling)
230 m² for erection of a semi-detached dwelling
2 (b), 2 (c), 2 (d), 2 (e) Residential
300 m² for erection of a dwelling house or semi-detached dwelling
700 m² for erection of all other residential buildings
(3) For the purpose of subdivision access handles shall not be included in the calculation of site area.
(4) An allotment created by a subdivision pursuant to Part 3 of State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision or clause 14C of Mosman Local Environmental Plan No 1 must not be further subdivided to create a separate land title for a dwelling.

13 Height limits in residential zones

(1) The objectives of this clause are:
(a)  to protect public and private views, and
(b)  to minimise the visual impact of buildings when viewed from the harbour and surrounding foreshores, and
(c)  to ensure buildings resulting from new development are compatible with existing buildings in terms of height and pitched roof form, and
(d)  to minimise the effects of bulk and scale of buildings arising from new development in existing residential areas.
(2) A building must comply with the requirements of the Table to this subclause.
Table
Zone
Maximum building height
Maximum wall height
2 (a1), 2 (a2), 2 (a3), 2 (b), 2 (c), 2 (d) Residential
8.5 metres
7.2 metres
2 (e) Residential
11 metres
N/A
(3) A maximum of two storeys applies to all residential zones except the 2 (e) Residential zone. However, the Council may allow an additional storey:
(a)  in attic roof space of existing and new buildings, or
(b)  in the existing basement of existing buildings,
provided that in either case they do not add to bulk or building height.
cl 13: Am 28.9.2001.

14 Floorspace ratios in residential zones

(1) The objectives of this clause are:
(a)  to control the scale of development so that it is compatible with housing characteristics of the locality, and
(b)  to limit excavation of sites and retain natural ground levels for the purpose of landscaping and containing urban run-off, and
(c)  to minimise the effects of bulk and scale of new development.
(2) A building must not exceed the floorspace ratio indicated in the Table to this subclause.
Table
Zone
Maximum floorspace ratio
2 (a1), 2 (a2), 2 (a3) Residential
0.5:1 for that part of the site area ≤ 700 m² and 0.4:1 for that part of the site area > 700 m²
2 (b) Residential
0.55:1
2 (c) Residential
0.6:1
2 (d) Residential
0.7:1
2 (e) Residential
1:1
(3) Despite subclause (2), the Council may consent to development that results in a higher floorspace ratio for buildings on land zoned 2 (e) Residential than the maximum allowed by that subclause if:
(a)  lot consolidation has resulted in a site area greater than or equal to 2000 m², and
(b)  access other than from Spit or Military Roads can be provided to the site, and
(c)  the Council is satisfied that the extra floorspace resulting will not have a detrimental impact on the amenity of the neighbourhood.
cl 14: Am 5.3.2004.

15 Landscaped area requirements in residential zones

(1) The objectives of this clause are:
(a)  to maintain and enhance the landscape and townscape character of Mosman’s residential areas by requiring landscaping of sites in conjunction with other development, and
(b)  to maintain a general dominance of landscape over buildings, particularly on harbour foreshores and in the 2 (a1) and 2 (a2) Residential zones, and
(c)  to maintain and enhance significant vegetation, especially mature trees, and
(d)  to maintain natural ground levels, especially near boundaries, and to limit excavation of sites, and
(e)  to ensure there is adequate and useable ground level open space for recreation, landscaping and containing urban run-off.
(2) The Council may refuse development consent to development involving the erection of a building in a residential zone unless at least the minimum landscaped area as specified in the Table to this subclause is provided.
Table
Development resulting in one dwelling per lot or a non-residential building
Site Area
Minimum landscaped area as a percentage of gross floor area
< 500 m²
60%
500 m² or more
(Site area in square metres × 0.125)%
Development resulting in more than one dwelling per lot
Zone
Minimum percentage of site to be landscaped area
2 (b) Residential
50%
2 (c) Residential
50%
2 (d) Residential
40%
2 (e) Residential
40%
cl 15, table: Am 5.11.1999.

Part 3 Business zones

16 What business zones apply in this plan?

(1) The following business zones apply as identified on the zoning map:
3 (a1) Spit Junction Town Centre
3 (a2) Cremorne Business
3 (a3) Mosman Junction Town Centre
3 (b) Commercial/Residential
3 (c) Local Business
3 (d) The Spit Waterside Business
(2) The following development control tables outline the objectives of business zones and specify what development may be carried out without development consent, or only with development consent, and what development is prohibited, in each business zone.
Development control table

3 (a1) Spit Junction Town Centre Zone
3 (a2) Cremorne Business Zone
3 (a3) Mosman Junction Town Centre Zone
1   Objectives of zone
•  Encourage office development in order to increase employment opportunities on public transport routes
•  Allow a diverse range of retail, commercial and entertainment opportunities as part of Cremorne Junction Centre
•  Maintain shopfronts at street level with a predominance of retail use in the centre

•  Allow a range of retail, business and entertainment opportunities which meet the needs and expectations of the local community and enhance the viability and vitality of the centre
•  Encourage residential development as part of the use of sites within the zone
•  Maintain and enhance the heritage streetscape

•  Encourage redevelopment for business purposes on sites outside the heritage conservation area
•  Improve, by civic design and landscape proposals, the amenity of this business zone
•  Maintain Military Road streetscape by allowing buildings of two storeys in height

•  Improve pedestrian and functional links between Bridgepoint and businesses on Spit and Military Roads
•  Ensure that development has regard to the relevant objectives and controls in the adjoining North Sydney area
•  Allow residential development as part of the use of sites at Mosman Junction

•  Encourage residential development as part of the use of sites at Spit Junction
•  Allow a range of light industrial type uses which meet the needs of the local community and would not adversely affect the amenity of the area
•  Encourage reinstatement of facades on altered buildings to match height and features of the heritage conservation area

•  Buildings to be of a height, bulk and form that is compatible and complementary to the existing streetscape

•  Allow a limited range of light industrial type uses which meet the needs of the local community and would not adversely affect the amenity of the area

•  Allow a limited range of light industrial type uses which meet the needs of the local community and would not adversely affect the amenity of the area

2   Development allowed without development consent
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
advertisements
boarding houses
brothels
car repair stations
carparking facilities
child care centres
clubs
commercial premises
community centres
drainage
dwelling houses
educational establishments
home businesses
hospitals
hotels
light industries in Schedule 8
motels
motor showrooms
multiple dwellings
open space
places of assembly
places of public worship
public utility undertakings
recreation facilities
restaurants
roads
semi-detached buildings
service stations
shops
utility installations
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
Development control table
3 (b) Commercial/Residential Zone
1   Objectives of zone
•  Encourage redevelopment for mixed residential/business uses which do not include shops
•  Ensure that the retail strip along Military Road is not extended
•  Ensure a reasonable level of residential amenity within sites in terms of noise, air quality and outdoor landscaped open space
2   Development allowed without development consent
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
advertisements
boarding houses
child care centres
commercial premises
community centres
drainage
dwelling houses
educational establishments
home businesses
multiple dwellings
open space
places of assembly
places of public worship
public utility undertakings
recreation facilities
roads
semi-detached dwellings
utility installations
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
Development control table
3 (c) Local Business Zone
1   Objectives of zone
•  Allow business and services which primarily meet the day to day needs of the local community
•  Allow residential development as part of the use of sites in local business areas
•  Maintain shop uses on street level
•  Minimise the effect of business development on adjacent residential areas, having regard to the carparking capacity of the roads in those areas
•  Allow buildings of two storeys in height
2   Development allowed without development consent
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
advertisements
boarding houses
child care centres
commercial premises
community centres
drainage
dwelling houses
educational establishments
home businesses
light industries in Schedule 8
multiple dwellings
open space
places of assembly
places of public worship
public utility undertakings
recreation facilities
restaurants
roads
semi-detached dwellings
service stations
shops
utility installations
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
Development control table
3 (d) The Spit Waterside Business Zone
1   Objectives of zone
•  Maintain The Spit as a prime recreational boating resource and working marine area with associated commercial activities
•  Allow development which is unlikely to generate additional traffic and demand for additional parking
•  Maintain and improve the scenic quality of The Spit by ensuring the external appearance of buildings is of suitable materials and colours and of a height and scale which is unlikely to affect the environment adversely
2   Development allowed without development consent
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
boating industry facilities
carparking facilities
coastal patrol administration and operations
drainage
marinas
marine sales and service centres
open space
restaurants
roads
utility installations (other than gas holders or generating works)
water based clubs and activities
4   Development which is prohibited
Development not included in item 2 or 3
cl 16, table: Am 5.11.1999.

17 Floorspace ratios in business zones

(1) The objective of this clause is to control the bulk and site coverage of buildings so that buildings resulting from new development are compatible with existing buildings.
(2) Floorspace ratios in business zones must not exceed the floorspace ratios in the Table to this subclause.
Table
Zone
Maximum floorspace ratio
3 (a1) Spit Junction Town Centre
2:1
3 (a2) Cremorne Business
2:1
3 (a3) Mosman Junction Town Centre
2:1
3 (b) Commercial/Residential
2:1
3 (c) Local Business
1.3:1
3 (d) The Spit Waterside Business
1:1

18 Height limits in business zones

(1) The objectives of this clause are:
(a)  to ensure that buildings resulting from new development are compatible with existing buildings in terms of height and roof form to produce a cohesive streetscape, and
(b)  to provide opportunities for higher buildings in suitable locations to achieve the Council’s residential strategy and provide employment opportunities.
(2) Generally, building heights in business zones are to complement the heights of adjacent buildings, except in the following zones:
(a)  the 3 (b) Commercial/Residential zone, in which a building may be up to 12 metres high, regardless of the height of the adjacent buildings, and
(b)  the 3 (d) The Spit Waterside Business zone, in which a building may be up to 8 metres high, regardless of the height of the adjacent buildings.
(3) Buildings within the 3 (a3) Mosman Junction Town Centre zone are generally to be no higher than two storeys on the Military Road and Middle Head Road frontages.

19 What restrictions apply to drive-in take-away food shops?

The Council must not consent to development for the purpose of a drive-in take-away food shop on land within any business zone if the land concerned has frontage to:
(a) that part of Spit Road between The Spit and Military Road, or
(b) Military Road.

20 Brothels

(1) When assessing an application for consent to the use of premises for the purpose of a brothel, the Council must consider the following:
(a)  the distance between the premises and any place of worship, school, community facility, residential development, hospital or medical centre or any place in the vicinity of the premises regularly frequented by children for any reason,
(b)  whether the operation of the brothel could cause a disturbance in the neighbourhood, taking into account the location of any other brothels operating in the neighbourhood,
(c)  whether sufficient off-street parking will be provided,
(d)  whether the brothel will be accessed by a separate entrance,
(e)  whether the operation of the brothel would interfere with the amenity of the neighbourhood because of its size, operating hours, traffic generation, lighting or noise or the number of its employees and clients,
(f)  whether the operations of the brothel will utilise circulation areas common to any other use of the premises.
(2) Development for the purpose of a brothel is prohibited on land to which this plan applies if the brothel is located at ground level within a business zone.
(3) Development for the purpose of a brothel is prohibited on land to which this plan applies in any part of premises on an allotment within a business zone if any part of the allotment is used for residential purposes.
cl 20: Am 2005 (432), Sch 1 [2].

Part 4 Community uses zone

21 What community uses zone applies in this plan?

(1) The following community uses zone applies as identified on the zoning map:
5 (a) Community Uses
(2) The following development control table outlines the objectives of the community uses zone and specifies what development may be carried out without development consent, or only with development consent, and what development is prohibited, in the zone.
Development control table
5 (a) Community Uses Zone
1   Objectives of zone
•  Identify land for the provision of community services and facilities
•  Allow land to be used for a limited range of community uses in addition to the specific land use for which it is zoned
•  Contribute to the scenic quality of Mosman and the harbour
2   Development allowed without development consent
Exempt development
Structures solely for the purposes of exhibition, conservation and care of animals on land zoned Community Uses 5 (a)—Zoo
3   Development allowed only with development consent
Demolition
Development for the purpose of:
the particular land use indicated on the zoning map
child care centres
drainage
open space
recycling drop-off centres
roads
utility installations
(other than gas holders or generating works)
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
cl 21, table: Am 5.11.1999; 24.10.2003.

22 Can schools be developed for community uses?

The Council may grant development consent for the community use of the facilities and sites of schools, colleges or other educational establishments and for the commercial operation of these facilities and sites.

22A Queenwood Sites, Balmoral

(1) This clause applies to land situated in the Mosman area, known as:
Nos 47, 49 and 51 Mandolong Road and No 21 Hunter Road, Mosman, being Lot 1 DP 71569 and Lots 48, 49, 52 and 53 DP 6314, lots 48, 52 and 53 being shown coloured yellow on the map marked “Mosman Local Environmental Plan 1998 (Amendment No 5) (Map A)”,
No 44 Mandolong Road, being Lots 1, 2, and 3 DP 307922 and Lots 6A and 6B DP 307704,
Lots A, B, C, and D DP 349211, being land bounded by Raglan Street, The Esplanade and Esther Road, shown coloured yellow on the map marked “Mosman Local Environmental Plan (Amendment No 5) (Map B)”.
(2) The Council shall not grant consent to development on land referred to in subclause (1) unless it is generally satisfied that the proposed development will meet the following objectives for that land:
(a)  to ensure that any new buildings are of a height, bulk and scale which complements existing buildings and streetscapes within the neighbourhood,
(b)  to maintain the amenity of the neighbourhood in terms of solar access, privacy and noise,
(c)  to ensure that development does not significantly obstruct views from surrounding properties and public places and where possible to enhance existing views,
(d)  to encourage a high quality design for the school use within a residential setting,
(e)  to provide adequate off-street car parking to meet existing and future demand generated by use of the land as a school,
(f)  to ensure adequate outdoor areas and separation between buildings on the land in order to provide an appropriate scale of development,
(g)  to ensure consideration has been given to the Queenwood Development Control Plan (as adopted by the Council on 28 March 2000).
(3) When considering an application for development for consent to carry out a community use, or for the purpose of a commercial operation of facilities and sites, on land referred to in subclause (1), the Council must have regard to the following:
(a)  evidence of specific locational need,
(b)  satisfactory access (including promotion and use of means other than the private car) and parking arrangements,
(c)  the capacity of the locality or neighbourhood to absorb the proposed activity,
(d)  any likely adverse impacts on residential amenity.
cl 22A: Ins 14.7.2000.

Part 5 Open space zones

23 What open space zones apply in this plan?

(1) The following open space zones apply as identified on the zoning map:
6 (a) Public Recreation
6 (b) Private Recreation
(2) The following development control tables outline the objectives of open space zones and specify what development may be carried out without development consent, or only with development consent, and what development is prohibited, in each zone.
Development control table
6 (a) Public Recreation Zone
1   Objectives of zone
•  Provide a viable open space system which supports a diversity of leisure and educational opportunities
•  Maintain and provide open space links to a diversity of public and private spaces and facilities as an integral part of the open space system
•  Ensure that open space is managed on a sustainable basis including the maintenance of ecological processes, genetic diversity and geo-diversity
•  Ensure conservation and proper management of cultural values within the open space system
•  Ensure that open space contributes to the aesthetic quality, experience and image of the community
2   Development allowed without development consent
Development for the purpose of park furniture (including seats, bins, picnic tables and similar items) and lighting (other than lighting to be used in connection with active recreation, such as sporting activities, or active recreation facilities)
Exempt development
Works for the purpose of gardening, landscaping and bushfire hazard reduction
3   Development allowed only with development consent
Demolition
Development for the purpose of:
beach and foreshore protection works
buildings associated with landscaping, gardening or bushfire hazard reduction and vehicular access to those buildings
carparking ancillary to another permissible use
child care centres
drainage
kiosks
recreation areas
recreation facilities
recreation, sporting and cultural activities
roads
utility installations
Subdivision
4   Development which is prohibited
Development on reserved or dedicated Crown land that does not comply with the public purpose notified under the Crown Lands Act 1989 or does not comply with acceptable uses identified in an adopted Plan of Management for the reserve, under the Crown Lands Act 1989
Other development not included in item 2 or 3
Development control table
6 (b) Private Recreation Zone
1   Objectives of zone
•  Identify private land which is set aside for recreational purposes
2   Development allowed without development consent
Development for the purpose of landscaping and gardening
Exempt development
3   Development allowed only with development consent
Demolition
Development for the purpose of:
carparking ancillary to another permissible use
clubs
recreation areas
recreation facilities
utility installations
Subdivision
4   Development which is prohibited
Development not included in item 2 or 3
cl 23, table: Am 5.11.1999.

24 What special considerations apply to development in open space zones?

In determining development applications relating to land in open space zones, the Council must consider the following:
(a)  the need for the proposed development, and
(b)  the impact of the proposed development on the existing or likely future use of the land, and
(c)  the need to retain the land for its existing or likely future use.

Part 6 Environment protection zone

25 What environment protection zone applies in this plan?

(1) The following environment protection zone applies as identified on the zoning map:
7 (a) Environment Protection (Bushland)
(2) The following development control table outlines the objectives of the environment protection zone and specifies what development may be carried out without development consent, or only with development consent, and what development is prohibited, in the zone.
Development control table
7 (a) Environment Protection (Bushland) Zone
1   Objectives of zone
•  Retain and manage bushland areas for their scenic and environmental values
•  Conserve native plant and animal species through the maintenance of suitable habitats
•  Contribute to the scenic quality of Mosman and the harbour
2   Development allowed without development consent
Development for the purpose of bushland regeneration or bushfire hazard reduction
Drainage works that are:
(a)  carried out by or on behalf of the Council and involve the maintenance of existing drainage lines, or
(b)  carried out by or on behalf of the Council and involve the installation of pollution control devices on so much of the land within the zone as is coloured brown and diagonally hatched on the map marked “Mosman Local Environmental Plan 1998 (Amendment No 8)”
3   Development allowed only with development consent
Drainage works (other than drainage works referred to in item 2)
Works to enable pedestrian access to facilitate recreational use of the bushland
4   Development which is prohibited
Development not included in item 2 or 3
cl 25, table: Am 22.2.2002.

Part 7 National parks zones

26 What national parks zones apply in this plan?

(1) The following national parks zones apply as identified on the zoning map:
8 (a) National Parks
8 (b) National Parks (Proposed)
(2) The following development control tables outline the objectives of the national parks zones and specify what development may be carried out without development consent, or only with development consent, and what development is prohibited, in each zone.
Development control table
8 (a) National Parks Zone
1   Objectives of zone
•  Identify land dedicated or reserved as a national park under the National Parks and Wildlife Act 1974
•  Conserve areas of natural ecological, scenic, educational, scientific, cultural or historical importance
2   Development allowed without development consent
Any development authorised by or under the National Parks and Wildlife Act 1974 and any development incidental or ancillary to that development
3   Development allowed only with development consent
Nil
4   Development which is prohibited
Development not included in item 2
Development control table
8 (b) National Parks (Proposed) Zone
1   Objectives of zone
•  Identify land which is to be reserved or dedicated under the National Parks and Wildlife Act 1974
•  Protect the values of that land for the use for which it is proposed to be so reserved or dedicated
2   Development allowed without development consent
Nil
3   Development allowed only with development consent
Any development authorised by or under the National Parks and Wildlife Act 1974 and development incidental or ancillary to that development
4   Development which is prohibited
Development not included in item 3
(3) Before determining an application for consent required by this clause, the Council must refer the application to the Director-General of National Parks and Wildlife and consider any advice of the Director-General received within 28 working days after the referral.

Part 8 Environmental controls

27 Foreshore scenic protection area

(1) The objectives of establishing a foreshore scenic protection area are:
(a) to recognise, protect and enhance the natural, visual, environmental and heritage qualities of Mosman, and
(b) to co-ordinate planning controls with Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 and ensure its objectives are met.
(2) The Council must not consent to the alteration or erection of a building on land in the foreshore scenic protection area unless it has made an assessment, having regard to the objectives of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, of the impact of the proposed development on the natural environment, the visual environment and the environmental heritage of Mosman.
(3) If, after having made the assessment, the Council considers that the proposed development impacts adversely on the natural environment, the visual environment or the environmental heritage of Mosman, the Council may refuse to consent to the proposed development.
(4) This clause does not affect any requirement of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
cl 27: Am 2005 (590), Sch 5.8.

28 Foreshore building line

(1) The objectives of this clause are:
(a)  to protect the natural landform and landscape of the foreshore, and
(b)  to contribute to a bushland and wildlife corridor around the foreshore of Mosman, and
(c)  to control pollution by limiting stormwater run-off directly into waterways by retaining and protecting vegetation along the foreshore, and
(d)  to protect the visual amenity of the foreshore, and
(e)  to protect dwellings from potential rising sea levels resulting from global warming, and
(f)  to minimise the visual scale and bulk of development when viewed from the water, and
(g)  to protect the public views and the visual amenity of the foreshore when viewed from the water by ensuring that native vegetation growth (trees, shrubs and groundcover species) along the foreshore is protected and enhanced, and
(h)  to ensure that foreshore areas that are developed provide adequate areas for protecting and enhancing local native vegetation growth (trees, shrubs and groundcover species). This native vegetation growth should protect adjacent waterways from runoff and contribute to a habitat corridor (including by providing shelter and organic matter) for both terrestrial and aquatic ecosystems.
(2) Except as provided by subclause (3), the Council must not consent to the erection of a building or the carrying out of a work on land between the foreshore building line and adjacent tidal waters.
(3) The Council may consent to:
(a)  the erection of single storey boatsheds, wharves or jetties, or
(b)  the erection of a structure or the carrying out of a work, at or below the surface of the ground,
between a foreshore building line and adjacent tidal waters, but only if it has considered the probable aesthetic appearance of the proposed structure, or the result of the carrying out of the work, in relation to the foreshore.
cl 28: Am 24.10.2003.

29 Contaminated sites

(1) The objective of this clause is to require the remediation of contaminated sites to make them safe before development takes place on the sites.
(2) In determining whether to grant development consent in respect of land that is contaminated, the Council must consider:
(a)  the need for testing and remediation and validation plans to make the land suitable for the proposed use, and
(b)  the effect of proposed remediation on adjoining land, and
(c)  the need to restrict the range of land uses allowable if the land is assessed as being suitable for a limited number of land uses only.
(3) Nothing in this clause affects the application of State Environmental Planning Policy No 55—Remediation of Land to land to which this plan applies.

30 Natural watercourses

(1) The objective of this clause is to protect natural watercourses and their role in disposing of stormwater and controlling pollution and sedimentation, and to facilitate continuing biodiversity in a freshwater environment.
(2) In assessing an application for development consent relating to land in the vicinity of a natural watercourse, the Council must consider:
(a)  whether the proposed development would affect the water quality or obstruct the natural waterflow, and
(b)  the likelihood of increased run-off from the proposed development leading to degradation or erosion of the natural watercourse, and
(c)  whether flora and fauna habitats would be affected by the proposed development.

31 Excavation

(1) The objective of this clause is to control soil erosion, sedimentation, tree loss and drainage impacts associated with land form modification.
(2) The consent of the Council is required to carry out works or any other development on land which has the effect of materially altering the shape or natural form of the land.

31A Acid sulfate soils

(1) The objectives of this clause are:
(a)  to minimize disturbance to acid sulfate soils in Mosman so as to avoid any potential environmental hazard, and
(b)  to require development consent for works that would disturb soils or ground water levels in localities identified as having acid sulfate soils, and
(c)  to require the special assessment of certain development of land identified as being subject to risks associated with the disturbance of acid sulfate soils.
(2) A person must not, without the consent of the Council, carry out the following works on or under land identified on the foreshore protection map:
(a)  as being within an acid sulfate soil area—works beyond 1 metre below the existing ground surface or involving the disturbance of more than 1 tonne of soil (such as occurs in carrying out the construction or maintenance of drains, dredging, the construction of artificial waterbodies including detention basins, the construction of underground structures including basement carparks, the construction of foundations or flood mitigation works) or both, or
(b)  as being within a buffer area—works involving excavation below 1m AHD, or
(c)  in relation to any land identified on the foreshore protection map—works that are likely to lower the ground water table, regardless of how much soil is to be disturbed.
(3) Despite subclause (2), development consent is not required for the carrying out of such works if:
(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and
(b)  the Council has provided written advice to the person proposing to carry out the works confirming that the results of the preliminary assessment indicate that the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.
(4) The Council must not grant a consent required by this clause unless the Council has considered:
(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and
(b)  the likelihood of the proposed development resulting in the discharge of acid water, and
(c)    (Repealed)
(5) This clause requires consent for development to be carried out by a public authority, despite clause 10 (1) (a). However, despite subclause (2) of this clause, consent is not required for a public authority to carry out development for the purposes of:
(a)  emergency work, or
(b)  routine maintenance, or
(c)  minor excavation work.
(6) Despite subclause (2), the following development may be carried out by the Council without development consent:
(a)  the installation of stormwater quality improvement devices and drainage works, and
(b)  any work ancillary to that development, such as the construction of accessways, the provision of power, water and sewerage supplies, and landscape works.
(7) If the Council carries out work referred to in subclause (6) and is reasonably likely to encounter acid sulfate soils in carrying out that work, the Council:
(a)  must conduct a preliminary assessment of the proposed works in accordance with the Acid Sulfate Soils Assessment Guidelines so as to minimise the actual or potential impact to the environment arising from the disturbance of the soils, and
(b)  must implement reasonable measures to minimise that impact.
cl 31A: Ins 19.7.2002. Am 2008 (571), Sch 3.114 [1].

31B Wetlands

(1) The objectives of this clause are:
(a)  to protect Mosman’s wetlands from inappropriate development by preventing or regulating, or preventing and regulating, development that has the potential to fragment, pollute, disturb or diminish the value of the wetlands, and
(b)  to protect, restore and maintain ecological processes, natural systems and biodiversity within the wetlands, and
(c)  to improve, maintain and restore the quality of water within the wetlands and water entering the wetlands so as to ensure that wetland values and natural ecological functions are not diminished.
(2) This clause applies to land within the Mosman local government area identified as “Wetlands” or “Wetlands buffer” on the map marked “Wetlands” drawn by SPH in May 2001.
(3) The Council must not consent to the carrying out of works on land to which this clause applies that have the potential to fragment, pollute, disturb or diminish wetland values, unless the Council:
(a)  has made an assessment of the predicted environmental impacts of the proposed works and proposed measures for mitigation, and
(b)  has considered the relevant objectives and requirements of:
(i)  Sydney Regional Environmental Plan No 23—Sydney and Middle Harbours, and
(ii)  any relevant policies and guidelines published from time to time by NSW Fisheries.
(4) If, after making an assessment, the Council considers the proposed development will have either a direct or indirect adverse impact on land to which this clause applies identified as wetland areas or wetland buffer areas, the Council may refuse to consent to the proposed development.
(5) Despite subclauses (3) and (4), the following development may be carried out by the Council without development consent:
(a)  the installation of stormwater quality improvement devices and drainage works, or
(b)  any work ancillary to that development, such as the carrying out of minor excavation work, the construction of accessways, the provision of power, water and sewerage supplies, and landscape works.
(6) If the Council plans to carry out work referred to in subclause (5), the Council:
(a)  must have regard to the predicted environmental impact of the work on land to which this clause applies identified as wetland areas, and
(b)  must implement reasonable measures for mitigation of that impact, such as suitable erosion and sediment controls.
(7) The requirements imposed by this clause apply to development to be carried out by a public authority, despite clause 10 (1) (a). However, the requirements do not apply to a public authority carrying out development for the purposes of:
(a)  emergency work, or
(b)  routine maintenance, or
(c)  minor excavation work.
cl 31B: Ins 19.7.2002.

Part 9 Heritage conservation

pt 9: Subst 23.2.2001.

32 Heritage conservation objectives

The objectives of this Part are:
(a)  to conserve the environmental heritage and cultural significance of the local government area of Mosman, and
(b)  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings, and
(c)  to ensure that archaeological sites and places of Aboriginal significance are conserved, and
(d)  to maintain traditional streetscapes in areas where older style houses predominate, and
(e)  to encourage an appreciation of the heritage of the local government area of Mosman.
cl 32: Subst 23.2.2001.

33 Protection of heritage items and heritage conservation areas

(1) The following development requires the Council’s consent:
(a)  demolishing or moving a heritage item or a building, work, relic or place within a heritage conservation area,
(b)  altering a heritage item or a building, work, relic or place within a heritage conservation area by making structural or non-structural changes to its exterior including to the detail, fabric, finish or appearance,
(c)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,
(d)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.
(2) The Council’s consent is not required if:
(a)  the Council is of the opinion that the proposed development is of a minor nature or consists of maintenance of an item or of a building, work, relic or place within a heritage conservation area, and
(b)  the Council is satisfied that the proposed development would not adversely affect the significance of the heritage item or heritage conservation area and, in the case of external alterations, would only have a minor visual impact when viewed from the street or any other public place and, in the case of maintenance work, is necessary for the ongoing protective care of the heritage item or the building, work or relic within the heritage conservation area.
(3) When determining a development application required by this clause, the Council:
(a)  must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area, and
(b)  must not grant consent until it has considered a statement of heritage impact that identifies and assesses the impact of the proposal on the heritage significance of the item and its setting, or on the heritage conservation area, and
(c)  may decline to grant consent to the application until it has considered a heritage assessment to enable the Council to fully assess the levels of heritage significance of the item and its setting, or of the heritage conservation area, and
(d)  must not grant consent to development involving heritage items classified in Schedule 2 as being of State significance unless it has considered a conservation plan which sets out management constraints for development or unless it is of the opinion that the proposed development is of a minor nature.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
cl 33: Subst 23.2.2001. Am 28.9.2001; 2008 (571), Sch 3.114 [2].

34 (Repealed)

cl 34: Subst 23.2.2001. Rep 2008 (571), Sch 3.114 [3].

35 Development of known or potential archaeological sites

(1) The Council may consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance, only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and
(b)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and
(c)  it is satisfied that any necessary consent or permission required under the National Parks and Wildlife Act 1974 has been granted.
(2) The Council may consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
(3) Subclause (2) does not apply if the proposed development does not involve disturbance of anything below ground level and the Council is of the opinion that the heritage significance of things at or above ground level would not be adversely affected by the proposed development.
cl 35: Subst 23.2.2001. Am 2008 (571), Sch 3.114 [4] [5].

36 Original estate roads

Consent must not be granted for development that consists of or involves the realignment of an original estate road or historic road alignment described in Schedule 4 unless the consent authority has made an assessment of the effect of the realignment on the heritage significance of the road and its alignment.
cll 36–38: Subst 23.2.2001.

37 Development in the vicinity of heritage items

(1) The Council, when determining an application for consent to carry out development on land in the vicinity of a heritage item, must consider:
(a) the likely effect of the proposed development on the heritage significance, curtilage and setting of the item, and
(b) the impact of the proposed development on any significant views to or from the heritage item.
(2) The Council may decline to grant the application until it has considered a statement of heritage impact to assist it to assess the impact of the proposed development on the heritage item.
cll 36–38: Subst 23.2.2001.

38 Conservation incentives

(1) The Council may consent to the use, for any purpose, of a building that is a heritage item or of the land on which any such building is erected (including its conversion to multiple dwellings), even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and
(b)  the conservation of the building depends on the granting of the consent, and
(c)  the amenity of the locality would not be adversely affected by the proposed use of the building or land.
(2) When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining:
(a)  the floorspace ratio, and
(b)  the number of parking spaces to be provided on the site,
exclude the floorspace of the building from its calculation of the floorspace of the buildings erected on the land, but only if it is satisfied that:
(c)  the exclusion would not result in development that would adversely affect the heritage significance of the heritage item, and
(d)  the conservation of the heritage item depends upon the exclusion.
cll 36–38: Subst 23.2.2001.

38A Significant interiors

(1) This clause applies to any interior features described in Schedule 4A of heritage items classified in Schedule 2 as being of State significance.
(2) The Council must not grant consent for any alteration of a heritage item of State significance that makes structural changes to the interior of the item, unless it is satisfied that the significance of any interior feature to which this clause applies will not be adversely affected by the alteration.
cll 38A: Ins 23.2.2001.

38B Taronga Zoo

Nothing in this Part requires development consent for the carrying out of works within Taronga Zoo, unless the works specifically affect an individual heritage item that is listed in Schedule 2.
cll 38B: Ins 23.2.2001.

Part 10 Miscellaneous

39 What public land is classified or reclassified as operational land?

The public land referred to in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

40 Exceptions

(1) Nothing in this plan prevents a person, with the consent of the Council, from carrying out, on land specified in Schedule 6, the development specified in that Schedule in relation to that land, subject to such conditions (if any) as are so specified.
(2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of the development.
(3) Regardless of the other provisions of this plan, the land specified in Schedule 7 is subject to the prohibitions or restrictions specified in that Schedule in relation to that land.

Schedule 1 Definitions

(Clause 5)

acid sulfate soils means actual acid sulfate soils and potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General.

actual acid sulfate soils means soils:

(a) containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, and

(b) the soil material of which has a pH of 4 or less when measured in dry season conditions.

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

amusement centre means a building or place used for the purpose of providing entertainment by means of video machines, pinball machines, pool tables and the like.

archaeological site means a site described in Schedule 3 and identified on the heritage conservation map.

bed and breakfast establishment means a dwelling house that:

(a) provides temporary overnight accommodation for travellers, and

(b) offers at least breakfast for guests, and

(c) does not utilise more than three bedrooms for guest accommodation, and

(d) does not contain facilities in rooms for the preparation of meals by guests, and

(e) is not used for the permanent or long-term accommodation of any persons other than those, and the family of those, who operate and manage the facility and who normally reside in the dwelling.

boarding house means a building or place:

(a) where accommodation, meals and laundry facilities are provided, for payment, to the residents of the building or place, and

(b) which is not licensed to sell liquor under the Liquor Act 1982.

boating industry facilities means buildings, structures or facilities used primarily for the construction, maintenance, repair, sale or hire of boats or other vessels, but does not include a marina.

boat shed means a single storey building or other structure that is used solely for the storage and routine maintenance of a boat or boats and that has a direct connection with the waterway.

brothel means premises used for the purposes of prostitution, that is, the engaging in sexual activity by persons for payment. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

building height means the greatest distance measured vertically from any point on the roof of a building (excluding chimneys, vents, lift towers and other service installations) to the ground level as it was on 22 January 1982.

bushfire hazard reduction means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.

carparking facility means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles.

child care centre means a building or place used for the purpose of supervising or caring for children which:

(a) caters for six or more children under 6 years of age, whether or not those children are related to the owner or operator of the building or place, and

(b) may include an educational function, and

(c) may operate for the purpose of gain,

but does not include a building or place providing residential care for those children.

club means a building or place used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose specifically defined elsewhere in this Schedule.

community centre means a building or place owned or occupied by the Council where public services and amenities are provided, and includes public libraries, public halls, exhibition spaces, public buildings, places of public worship, health and welfare services, rest rooms, meeting rooms, club rooms, indoor recreation facilities, occasional child-minding services, restaurants, housing for elderly persons, and carparking, shops and commercial premises where provided in relation to that building or place.

community land means land classified as community land within the meaning of the Local Government Act 1993.

conservation plan means a document establishing the heritage significance of a heritage item or a heritage conservation area and identifying conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Council means Mosman Municipal Council.

demolish a heritage item or a building, work, relic or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, or place.

demolition means the total or partial destruction, dismantling or removal of a building and includes decontamination or rehabilitation of a site.

destruction of a tree means any activity leading to the death, disfigurement or mutilation of the tree.

dormer window means a window in the roof plane which measures no more than 25% of the width of the roof in that plane.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling house means a building which contains one, but not more than one, dwelling on its own allotment.

educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

emergency work means the repair or replacement of any part of existing public works due to damage by natural disaster, accident, vandalism or malfunction, and includes work reasonably necessary to prevent or limit any further damage or malfunction.

floorspace ratio means the ratio of the gross floor area of a building to the area of the site on which the building is or is proposed to be erected.

foreshore building line is the line shown as the foreshore building line on the foreshore protection map.

foreshore protection map means the map marked “Mosman Local Environmental Plan 1998 (Amendment No 9)—Foreshore Protection Map”, as amended by the maps, or sheets of maps, marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Mosman Local Environmental Plan 1998 (Amendment No 12)—Foreshore Building Line

Mosman Local Environmental Plan 1998 (Amendment No 21)—Sheets 1–4

foreshore scenic protection area means that area indicated by red cross-hatching on the foreshore protection map.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor, excluding:

(a) the floor area of lift towers and motor rooms, and

(b) where a dwelling house or a semi-detached dwelling is the only dwelling on the allotment, garage floor area not exceeding that of two standard garages (for a dwelling house) or that of one standard garage (for a semi-detached dwelling), and

(c) where paragraph (b) does not apply, the floor area of any parking needed to meet any requirement of the Council, and

(d) space for the loading and unloading of goods to meet the requirements of the Council.

For the purposes of this definition, a standard garage has a floor area of 18 square metres, which is taken to be a development standard to which State Environmental Planning Policy No 1—Development Standards may apply.

heritage assessment means an assessment (prepared in accordance with the provisions of the publication Heritage Assessments published by the Heritage Council and the Department of Urban Affairs and Planning) of the level of heritage significance of a heritage item and its setting and any heritage conservation area, and may or may not include a management strategy for the ongoing conservation of the item or area.

heritage conservation area means land (including buildings, works, relics, trees and places situated on or within the land) shown edged heavy blue on the heritage conservation map and listed in Schedule 2A.

heritage conservation map means the map marked “Mosman Local Environmental Plan 1998 (Amendment No 1)—Heritage Conservation”, as amended by the maps, or sheets of maps, marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Mosman Local Environmental Plan 1998 (Amendment No 11)—Sheet 2

Mosman Local Environmental Plan 1998 (Amendment No 14)

Mosman Local Environmental Plan 1998 (Amendment No 19)

Mosman Local Environmental Plan 1998 (Amendment No 21)—Sheets 5–8

heritage item means a building, work, relic, tree or place described in Schedule 2 and identified on the heritage conservation map.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

home business means a business or a professional practice carried out, or partially carried out, in a dwelling house or within an allotment which contains a dwelling house, but only if:

(a) the business or practice is undertaken by the permanent residents, and

(b) not more than two non-residents are employed at any time by the business or practice, and

(c) the business or practice does not interfere with the amenity of adjoining properties or the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and

(d) the business or practice does not involve the display of goods, whether in a window or otherwise, and

(e) the business or practice does not involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling house to indicate the name and occupation of the resident), and

(f) the business or practice does not involve the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail, and

(g) the business or practice is not carried on in a brothel.

home occupation means an occupation carried on in a dwelling house by the permanent residents of the dwelling house which does not involve:

(a) prostitution, or

(b) the registration of the building under the Factories, Shops and Industries Act 1962, or

(c) the employment of persons other than those residents, or

(d) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or

(e) the display of goods, whether in a window or otherwise, or

(f) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling house to indicate the name and occupation of the resident), or

(g) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

hospital means a building or place used for providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

hotel means premises for the lawful operation of which a hotelier’s licence is required under the Liquor Act 1982.

kiosk means a building or place in a recreation area used for the sale of take-away food and beverages.

landscaped area means any open or vacant area within a site, being an area designed, constructed or adapted for outdoor living or outdoor recreation that is suitable for vegetation and able to sustain vegetation growth, but does not include driveways, parking areas, drying yards or other service areas, swimming pools, tennis courts, undercroft areas, balconies, rooftop gardens, terraces, decks, verandahs and the like.

light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.

local significance means, in relation to a place, building, work, relic, moveable object or precinct, the significance to an area in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item.

lopping means cutting between branch unions or at internodes on young trees.

maintenance means the ongoing protective care of a heritage item or a building, work, relic or place within a heritage conservation area, but does not include alterations, the painting of face brickwork or stone or the introduction of new materials or technology.

map means a map kept at the office of the Council.

marina means a permanent boat storage facility with fewer than 30 berths located on the waterway with support facilities on an adjoining area of land or the waterway, and includes any single mooring or multiple mooring managed in association with the facility and in its vicinity.

marine sales and service centre means a building or place used or intended for use for any one or more of the following purposes:

(a) the sale by retail of marine craft, equipment and accessories or the hiring of marine craft, equipment or accessories,

(b) the repair and maintenance of marine craft, equipment and accessories.

minor excavation work means new work carried out by a public authority that does not disturb soil more than one metre below the existing ground level, such as the provision of surface irrigation for landscaping.

motel means premises used for the temporary or short-term accommodation of travellers, but (in a development control table) does not include premises elsewhere defined in this Schedule.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories are also sold or displayed at the building or place.

multiple dwellings means two or more dwellings, whether attached or not.

operational land means land classified as operational land within the meaning of the Local Government Act 1993.

original estate road means a road described in Schedule 4.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl or any other building of a like character used as such, whether used for the purpose of gain or not, but does not include a place of public worship or an educational establishment.

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

potential acid sulfate soils means soils:

(a) that are waterlogged and contain iron sulfides or sulfidic material that has not been exposed to air and oxidised, and

(b) that have a pH of 4 or more, and

(c) that will become severely acidic when exposed to air and oxidised.

potential archaeological site means a site known to the consent authority to have archaeological potential.

prune means the following activities as specified in Australian Standard AS 4373–1996, “Pruning of Amenity Trees”:

(a)  crown maintenance pruning involving:
(i)  general pruning,
(ii)  thinning,
(iii)  deadwooding,
(iv)  selective pruning,
(v)  formative pruning,

(b)  crown modification pruning involving:
(i)  reduction pruning,
(ii)  crown lifting,
(iii)  pollarding,
(iv)  remedial pruning,
(v)  line clearance.

recreation area means:

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities,

(c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d) an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground.

recreation facility means a building or place used for indoor or outdoor sporting, recreational or leisure activities, whether or not operated for the purpose of gain, but (in a development control table) does not include a building or place elsewhere defined in this Schedule.

recycling drop-off centre means a building or place used for collecting and temporarily storing second-hand or scrap materials for the purpose of their transfer for recycling.

relic means any deposit, object or material evidence (which may include human remains) relating to:

(a) the use or settlement of Mosman, not being Aboriginal habitation, which is more than 50 years old, or

(b) Aboriginal habitation of Mosman whether before or after its occupation by persons of non-Aboriginal extraction.

removal of a tree means to cut down, take away or transplant a tree from its place of origin.

restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises.

root pruning means cutting or severing a tree root that is larger than 75 millimetres in diameter.

routine maintenance means the periodic inspection, cleaning, repair and replacement of existing public works, but does not include work that would result in an increase in the design capacity of any part of the works or necessitate the deepening of any existing works below the existing ground level.

semi-detached dwelling means a dwelling on its own allotment which is attached to not more than one other dwelling.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:

(a) the sale by retail of spare parts and accessories for motor vehicles,

(b) washing and greasing of motor vehicles,

(c) installation of accessories,

(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).

shop means a building or place used for the purpose of selling items (whether goods or materials), whether by retail or auction, or for hiring or displaying them for the purpose of selling or hiring them.

State significance means, in relation to a place, building, work, relic, moveable object or precinct, the significance to the State in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item.

statement of heritage impact means a statement (prepared in accordance with the provisions of the publication Statement of Heritage Impact published by the Heritage Council and the Department of Urban Affairs and Planning) which assesses the impact of proposed development on the heritage significance of a heritage item and its setting and any heritage conservation areas within which it is situated, and outlines measures proposed to minimise any identified impact.

storey means:

(a) the space between two floors,

(b) the space between any floor and its ceiling or roof above, and

(c) building foundation areas, garages, workshops, storerooms and the like, where the height between existing ground level and the top of the floor above is 1.5 metres or more.

A storey which exceeds 4.5 metres in height is counted as two storeys.

stormwater quality improvement device means a device designed to capture pollutants.

streetscape means (for the purposes of Schedule 2) the road reserve, including street trees, and any footpath.

topping of a tree means cutting away part or all of the tree canopy leaving a trunk and stubbed main branches.

tree means a perennial plant with at least one self-supporting woody or fibrous stem.

utility installation means a building or work used for a public utility undertaking, but does not include a building used wholly or principally for administration or as business premises, or a showroom, workshop or depot.

vegetation means trees, shrubs and understorey plants.

wall height means the vertical distance between the top of the eaves at the wall line (excluding dormer windows that are no more than 25% of the width of the roof plane and gable ends), parapet or flat roof (not including a chimney) whichever is the highest, and the existing ground level (at 22 January 1982) immediately below that point.

water table means the level below which the ground is saturated.

zoning map means the map marked “Mosman Local Environmental Plan 1998—Zone Index”, as amended by the maps, or sheets of maps, marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Mosman Local Environmental Plan 1998 (Amendment No 3)

Mosman Local Environmental Plan 1998 (Amendment No 4)

Mosman Local Environmental Plan 1998 (Amendment No 5)—Queenwood Sites

Mosman Local Environmental Plan 1998 (Amendment No 6)—Wolger Road

Mosman Local Environmental Plan 1998 (Amendment No 7)

Mosman Local Environmental Plan 1998 (Amendment No 8)

Mosman Local Environmental Plan 1998 (Amendment No 11)—Sheet 1

Mosman Local Environmental Plan 1998 (Amendment No 21)—Sheet 9

sch 1: Am 5.11.1999; 25.2.2000; 14.7.2000; 3.11.2000; 23.2.2001; 18.5.2001; 28.9.2001; 22.2.2002; 19.7.2002; 27.9.2002; 24.1.2003; 24.10.2003; 14.11.2003; 2005 (432), Sch 1 [3]–[7].

Schedule 2 Heritage items

(Clauses 33 and 34 and Schedule 1)

Column 1	Column 2	Column 3	Column 4	Column 5
Street	Street No	Property description	Name of item	Level of significance
Alexander Avenue	2A	Lot 11 DP 609320	Electrical Substation No 206	Local
Alexander Avenue	2B	Lot 10 DP 876965	Mosman Private Hospital	Local
Almora Street, corner Redan Lane (also known as Upper Almora Street)	52	Lot 1 DP 455991 Lot 2 DP 455991 Lot 1 Sec B DP 2420	House	Local
Archer Street and Keston Avenue		Road Reserve	Archer Street/Keston Avenue Divided road and steps	Local
Avenue Road and Park Avenue		Part Reid Park Lot 7078 DP 93732 Lot 1 DP 172712	Mosman Bay Aqueduct/Footbridge	State
Avenue Road, Centenary Drive, Harnett Avenue and Park Avenue			Reid Park	Local
Avenue Road		Lot C DP 396388 Lot 2 DP 852696	Mosman Wharf	Local
Avenue Road		Around head of Mosman Bay	Mosman Bay Seawall	Local
Avenue Road	1	SP 34299 SP 46000 SP 32177	‘Monterey’, Flats	State
Avenue Road	3C	Lot 1 DP 929358	‘The Barn’, Scout Hall	State
Avenue Road	13, 15 & 17	Lot 11 DP 816398 Lot 1 DP 579508 Lot 31 Sec 1 DP 3025	Group of 3 houses	Local
Avenue Road	44	Lot 2 DP 739916	‘Avenue Cottage’, stone cottage, now offices	Local
Avenue Road	67 & 67A	SP 11064 Lot A DP 155250	Group of 2 blocks of flats	Local
Avenue Road	68	SP 1332	Flats	Local
Avenue Road	69	SP 47862	House at front of block	Local
Avenue Road	117	Lot A DP 337398	‘Hillcrest’, House	Local
Avenue Road	119–121	SP 31737	Pair of shops with dwellings above	Local
Avenue Road	131, 133 & 135	Lot C DP 444898 Lot B DP 444898 Lot A DP 444898	Group of 3 shops	Local
Avenue Road, corner Shadforth Street	139	SP 3986	‘Casa Blanca’, Flats	Local
Avenue Road, corner Shadforth Street	157–159	Lot B DP 346287 SP 20663	‘Pinegrove’, Flats	Local
Avenue Road	163	SP 13111	Flats	Local
Awaba Street		Road Reserve	Awaba Street, Divided road	Local
Awaba Street	114	Lot 1 DP 983765	House	Local
Awaba Street, corner Congewoi Road	133A	Lot 1 DP 184409	Electrical Substation No 372	Local
Badham Avenue and Mosman Street		Road Reserve	Badham Street/Mosman Street, Divided road	Local
Ballantyne Street		Road Reserve	Street trees	Local
Ballantyne Street	2	Lot B DP 338771	‘Buona’, Flats	Local
Balmoral Avenue		Road Reserve	Balmoral Avenue, Divided road	Local
Balmoral Avenue	17	Lot A DP 406997	House	Local
Bapaume Road and Mitchell Road			Bapaume Road/Mitchell Road Steps	Local
Bapaume Road, corner Amiens Avenue	11	SP 2569	Flats	Local
Bay Street		Road Reserve	Bay Street, Divided road and Steps	Local
Bay Street	30	Lot 2 DP 807131	House	State
Bayview Avenue/Gordon Street		Road Reserve	Bayview Avenue/Gordon Street, Divided road	Local
Beaconsfield Road and Coronation Avenue			Bungaree Lane Steps	Local
Beauty Point Road and Bay Street		Road Reserve	Beauty Point Road/Bay Street, Divided road	Local
Beauty Point Road		Road Reserve	Beauty Point Road, Divided road	Local
Beauty Point Road and Delecta Avenue		Lot 111 DP 10912	Hughes Steps	Local
Beauty Point Foreshore Reserve		Lot 7070 DP 752067	Beauty Point Foreshore Reserve	Local
Belmont Road	5	SP 45890	‘Windsor’ Flats	Local
Belmont Road	9	Lot 8 DP 3440 Lot 9 DP 3440	Scots Kirk Group	Local
Belmont Road (also known as 26A Gouldsbury Street)	15	Lot 12 DP 1008638	Mosman Bowling Club	Local
Belmont Road	38A	Lot 1 Sec A DP 4252 Lot 2 Sec A DP 4252 Lot 1 DP 134181	Mosman Uniting Church and Hall	Local
Belmont Road (rear of/also known as 339 Military Road)	114	Lot 1 DP 749496	‘Alma’, Former house, now offices	State
Bickell Road		Road Reserve	Bickell Road, Steep Divided road	Local
Bickell Road (corner Ryrie Street, also known as 1 Ryrie Street)	1	Lots 1 & 2 DP 7961	House	Local
Bickell Road, corner Bullecourt Avenue	7	Lot 7 DP 393876 Lot 8 DP 393876 Lot 12 DP 393876	‘Bolwarra’, House	Local
Bickell Road	11	Lot A DP 408882	House	Local
Bloxome Lane			Bloxome Lane Steps	Local
Bond Street	33 & 35	Lot 32 DP 553801 Lot 31 DP 553801	Pair of attached houses	Local
Boyle/Lower Boyle Street			Boyle/Lower Boyle Street, Divided road	Local
Boyle Street	6	Lot 16 Sec E DP 2638	House	Local
Boyle Street, corner Spofforth Street	27	Lot 2 Sec A DP 2365 Lot 3 Sec A DP 2365	‘Montylene’, House	Local
Boyle Street		Road Reserve	Boyle Street Steps	Local
Bradleys Head Road		Road reserve between Union Street and Whiting Beach Road	Street trees	Local
Bradleys Head Road, Taronga Zoo		Lot 22 DP 843294	Upper Entrance Gate Lower Entrance Gate Elephant House Aviary Floral Clock	State
Bradleys Head Road		Lot 22 DP 843294 Taronga Zoo Carpark	Taronga Bus Shelter and Office	Local
Bradleys Head Road	11	SP 556	House, divided into 4 flats	Local
Bradleys Head Road	15	Lot 1 DP 926002	‘Rana’, House	Local
Bradleys Head Road	12 & 16	Lot 1 DP 550330 Lot A DP 407352	Pair of houses	Local
Bradleys Head Road	17	Lot 2 DP 214598	House	Local
Bradleys Head Road	20	Lot 1 DP 901105	‘Leesthorpe’, House	Local
Bradleys Head Road, corner Thompson Street	21	Lot 1 DP 614540	‘Lochwinnock’, House	Local
Bradleys Head Road	30	Lot B DP 415734	House	Local
Bradleys Head Road	40	DP 921008 DP 938207	House	Local
Bradleys Head Road, corner Union Street	50	Pt 1 DP 3715 Pt 2 DP 3715	‘Strathairlie’, House	Local
Bradleys Head Road	53	Lot 4 DP 456195	‘Gooyang’, House	Local
Bradleys Head Road	54	Lot A DP 957002	‘Nagoya Castle’, House	State
Bradleys Head Road	56	Lot B DP 957002	‘Westmeath’, House	Local
Bradleys Head Road, corner Ellamatta Avenue	59	Pt 1 DP 3479	Presbytery (Blessed Sacrament Church)	Local
Bradleys Head Road	62–64	Lot 36 DP 3627 Lot 37 DP 3627	Blessed Sacrament Church	Local
Bradleys Head Road, corner Effingham Street	63	Lot 10 DP 875220	‘Trelawney’, House	Local
Bradleys Head Road	96A	Lot 1 DP 781262	Mosman Police Station	Local
Bray Street		Road Reserve	Bray Street, Divided road	Local
Bray Street	2	Lot 31 DP 3985	‘Bray Cottage’, House	Local
Brierley Street		Lot 2 DP 213091	Cartref Park	Local
Brierley Street, corner Cartref Lane	19	Lot 1 DP 213091	‘Cartref’, House	Local
Brierley Street	20	Lot 39 Sec C DP 2509 Lot 40 Sec C DP 2509	‘Hawlock’, House and garden	Local
Brierley Street	26	SP 62759	‘Brierwood’, Flats	Local
Buena Vista Avenue	1	Lot 1 DP 956163	House	Local
Buena Vista Avenue	2	Lot C DP 922541	‘Urunga’, House	Local
Buena Vista Avenue	4	Lot 2 DP 314165	House	Local
Buena Vista Avenue	6	Lot 1 DP 135538	‘Curraweena’, House	Local
Buena Vista Avenue	10	Lot 2 DP 181356	‘Kew Place’, House	Local
Buena Vista Avenue	12 & 14	Lot 2 DP 187227 Lot 1 DP 187227	Pair of houses ‘Airlie’ (No 12)	Local
Bullecourt Avenue		Road Reserve	Bullecourt Avenue, Divided road	Local
Bullecourt Avenue	34	Lot B DP 408882	House	State
Burran Avenue		Road Reserve	Burran Avenue, Divided road	Local
Burrawong Avenue and Clifton Street		Road Reserve	Burrawong Avenue/Clifton Street, Divided road	Local
Burrawong Avenue and Illuka Road			Burrawong Avenue/Illuka Road Steps	Local
Burrawong Avenue	16	Lot 9 Sec 4 DP 2395	House	Local
Burrawong Avenue	40	Lot 6 Sec 5 DP 6294	House	Local
Cabban Street			Cabban Street, Divided road	Local
Cabramatta Road	39 & 41	Lot 17 Sec 3 DP 2311 Lot 16 Sec 3 DP 2311	Group of 2 Houses ‘Feldwick’ (No 39)	Local
Calypso Avenue		Road Reserve	Calypso Avenue, Divided road	Local
Calypso Avenue, corner Magic Grove	17	Lot B DP 381265	House	State
Calypso Avenue	28A	Lot 2 DP 363188	Electrical Substation No 794	Local
Cardinal Street	13 & 15	Lot 1 DP 115784 SP 21691	Group of 2 houses	Local
Carrington Avenue/Inkerman Street			Quakers Hat Baths Remnant	Local
Carrington Avenue/Inkerman Street			Carrington Avenue/Quakers Hat Bay Steps	Local
Carrington Avenue	15–17	Lot B DP 329365	House	Local
Centenary Drive (off Harnett Avenue)		Between Harnett Park and Mosman Marina	Mosman Rowing Club	Local
Central Avenue	11	SP 10936	Flats	Local
Central Avenue	13 & 15	Lots 10 & 11 DP 4000	Group of 2 houses	Local
Chowder Bay Road		Lot 2 DP 831153	Army Maritime School	State
Chowder Bay Road		Lot 2 DP 831153	Naval Caretakers Quarters	Local
Chowder Bay Road		Lot 2 DP 831153	Original Naval Fuel Storage Tanks	State
Clanalpine Street		Road Reserve	Clanalpine Street, Divided road	Local
Clanalpine Street	2	Lot 6 DP 60889	Flats	Local
Clanalpine Street	4	Lot 24 DP 738552	House	Local
Clanalpine Street	18	Lot 1 DP 972665 Lot 4 DP 455961	House, in the form of a terrace pair	Local
Clanalpine Street	55	Lot 1 DP 38132	House	Local
Clifton Gardens Reserve, Morella Road			Clifton Gardens Reserve	Local
Clifton Gardens Reserve, Morella Road		Chowder Bay	Wharf and Pool in Clifton Gardens Reserve	Local
Clifton Gardens Reserve, Morella Road			Sewage Pumping Station No 54	Local
Congewoi Lane/Macpherson Street			Congewoi Lane Steps	Local
Cowles Road (corner Wolger Road, also Ballantyne Street)			Memory Park	Local
Cowles Road (Military Road to Belmont Road)		Road Reserve	Street trees	Local
Cowles Road, corner Glover Street	36	Lot B DP 382320	‘Rivergaro’, House	Local
Cowles Road, corner Belmont Road (also known as 40 Belmont Road)	40	Lot 1 DP 310154	‘Waveney’, House	Local
Cowles Road	42, 44 & 46	Lot C DP 915583 Lot B DP 915583 Lot A DP 915583	Group of 3 houses	State
Cowles Road (also known as 89B Cowles Road)	87C	Lot 4 DP 536939	‘The Whitehouse’, former house now offices	Local
The Crescent	27	Lot 46 Sec 1 DP 3513 Pt Lot 45 Sec 1 DP 3513	‘Omaha’, house	Local
Cross Street		Lot 875 DP 752067 Lot 7062 DP 752067	Rawson Park	Local
Cross Street, Rawson Park			The Grandstand	Local
Cross Street, Rawson Park			The Keith Anderson Memorial	Local
Cross Street, Rawson Park			The Scotland Australia Cairn	Local
Cross Street		Road Reserve	Street trees	Local
Cross Street	10	Lot 1 DP 962910	‘Glasslyn’, house	Local
Crux Lane			Crux Lane	Local
Cyprian Street			Cyprian Street Steep, divided road	Local
Dalton Road		Road Reserve	Road pavement— Dalton Road	Local
Dalton Road	2	Lot 12 DP 605556	‘Killarney’, former House, now part of retirement village	Local
Dalton Road	8	Lot 9 DP 5745	‘Clementine’, House	Local
Dalton Road	29	Lot 1 DP 505766	‘Coromandel’, House	State
Dalton Road, corner Cowles Road	64	Lot 30 DP 5745	House	Local
David Street		Road Reserve	Stone kerb	Local
Dugald Road			Dugald Road, Divided road	Local
Effingham Street	4	Lot 1 DP 131592	House	Local
Effingham Street	8	Lot 1 DP 901619	House	Local
Elfrida Street/Sirius Cove Road			Elfrida Street Steps	Local
Ellamatta Avenue	1, 3 & 5	Lot 111 DP 884230 Lot 1 DP 927200 Lot 1 DP 931380	Group of 3 houses	Local
Erith Street	15	Lot 5 DP 4103	‘Aotea Roa’, House	Local
The Esplanade			Balmoral Beach, including Edwards Beach	State
The Esplanade			Balmoral Beach Baths	Local
The Esplanade			Balmoral Beach Promenade	Local
The Esplanade			Balmoral Boatshed—site only	Local
The Esplanade			Bathers Pavilion	State
The Esplanade			Balmoral Baths Pavilion	Local
The Esplanade		Lot 7125 DP 1006491	Bus Terminus Office and Shelter	Local
The Esplanade			Clem Morath Pool	Local
The Esplanade			Edwards Beach Shark Net	Local
The Esplanade		Bounded by Hunter Road, The Esplanade, Almora Street and Park Lane	Hunter Park, Western Section	Local
The Esplanade			Balmoral Beach Rotunda	Local
The Esplanade			Rocky Point Footbridge and Park Walkway	Local
The Esplanade			Sewage Pumping Stations Nos 69 & 70	Local
Fairfax Road and Burran Avenue			Fairfax Road/Burran Avenue Steps	Local
Gladstone Avenue, corner Keston Avenue	6	SP 11102	‘Astor’ Flats	Local
Glencarron Avenue	2	Lot 2 DP 858379	‘Iorana’ House	Local
Glover Street	4	Lot C, DP 300401	Front fence	Local
Glover Street	48	Lot 12 Sec 2 DP 2311	House	Local
Glover Street	82 & 84	Lot 1 DP 926574 Lot 2 DP 926574	Pair of houses	Local
Glover Street	86	SP 16064	House	Local
Glover Street	88–90, & 92–94	Lot B DP 394431 Lot A DP 394431 Lot A DP 387796 Lot B DP 387796	2 pairs of semi-detached houses	Local
Gordon Street	5, 7, 9, 11, 13 & 15	Lot D DP 442432 Lot C DP 442432 Lot B DP 442432 Lot A DP 442432 Lot 4 DP 550493 Lot 3 DP 550493	Group of 3 pairs of semi detached houses	State
Gordon Street	12	Lot 2 Sec A DP 1398	House	Local
Gouldsbury Street	2	Lot 11 DP 1008638	Mosman Primary School	Local
Gouldsbury Street	20, 22, 24, 26 & 28	Lot A DP 444702 Lot B DP 444702 Lot 3 DP 504882 Lot 4 DP 504882 Lot 1 DP 618222	Group of 5 houses	Local
Gouldsbury Street	32	Lot 8 Sec 4 DP 3513 Lot 9 Sec 4 DP 3513	The Manse (Scots Kirk)	Local
Gouldsbury Street	34, 36, 38 & 40	Lot 7 Sec 4 DP 3513 Lot 1 DP 523340 Lot 2 DP 523340 Lot 5 Sec 4 DP 3513	Group of 4 houses	Local
The Grove	14A	Lot 2 DP 329738	House	Local
Hale Road	8	Lot 2 Sec 2 DP 3308	‘The Cottage’, Arts Education Centre	Local
Hale Road	12A & 14	Lot 3 DP 831351 Lot 1 DP 831351	‘Oreel’ (14) House with stone fence and garden Stone fence (12A)	Local
Hamlet Lane			Hamlet Lane	Local
Hampden Street			Hampden Street, Divided road	Local
Hampden Street and Warringah Road			Hampden Street/Warringah Road Steps	Local
Harbour Street	6 & 6A	Lot 1 DP 200884 Lot 2 DP 200884	Semi-detached houses	Local
Harnett Avenue		Off Harnett Park	Mosman Amateur Sailing Club	Local
Harston Avenue			Harston Avenue Steps and landscaping	Local
Heydon Street			Heydon Street, Divided road	Local
Holt Avenue			Holt Avenue, Divided road	Local
Holt Avenue			Holt Avenue, Street trees	Local
Hopetoun Avenue		Road Reserve	Hopetoun Avenue, Divided road	Local
Hopetoun Avenue	5	Lot 10 DP 3793	House	State
Hopetoun Avenue	36	Lot B DP 316976	House	Local
Illawarra Street			Illawarra Street Steps and unformed road	Local
Illawarra Street	2	Lot B DP 411026	House	Local
Illawarra Street	14	Lot 2 DP 220603	House	Local
Illuka Road		Road Reserve	Illuka Road, Divided road	Local
Illuka Road and Burrawong Avenue			Illuka Road, Steps to Sydney Harbour National Park Walk	Local
Illuka Road			Illuka Road Street Works	Local
Illuka Road, corner Morella Road	2–10	Pt Lots 19–23 Sec 1 DP 2395	‘The Manor’, House	State
James King Lane			James King Lane	Local
Kahibah Road and Coronation Avenue			Kahibah Road/Coronation Avenue Steps	Local
Kallaroo Street and Sirius Cove Road			Kallaroo Street Steps	Local
Kardinia Road and Illuka Road			Mary Margaret Lane Steps	Local
Kardinia Road	7	Lot 20 Sec 3 DP 6294 Lot 21 Sec 3 DP 6294	‘Aneesha’, House	Local
Kardinia Road	16	Lot 17 Sec 2 DP 2395	House	Local
Kardinia Road	21	Lot 11 Sec 3 DP 2395	House	Local
Kardinia Road, corner Burrawong Avenue	42	SP 2494 SP 42391 SP 45267	‘Clifton Manor’, House, divided into 3 flats and front gates	Local
Keston Avenue	11	Lot 1 DP 798679	‘Kiama’, House	Local
Keston Avenue	23–25 & 27–29	Lot 241 DP 619608 Lot 242 DP 619608 Lot B DP 439739 Lot A DP 439739	Group of 2 pairs of semi-detached houses	State
Killarney Street		Unformed Road Reserve	Killarney Street Steps	Local
Killarney Street, corner Bullecourt Avenue	23	Lot 18 DP 10956 Lot 2 DP 584593	House	Local
Kiora Avenue		Road Reserve	Kiora Avenue, Divided road	Local
Kirkoswald Avenue		Road Reserve	Kirkoswald Avenue, Divided road	Local
Kirkoswald Avenue	2	Lot B DP 376697	‘Kirkoswald House’, House	Local
Koowong Avenue	4	Lot 15 DP 22694	House	Local
Kurrawong Lane		Road Reserve	Kurrawong Lane	Local
Lang Street		Road Reserve	Lang Street, Divided road	Local
Lavoni Street	6	Lot 26 DP 6648	House	Local
Lavoni Street	18	Lot 32 DP 6648	House	State
Lennox Street		Road Reserve	Lennox Street, Divided road	Local
McLeod Street		Road Reserve	McLeod Street, Steep divided road	Local
McLeod Street			McLeod Street Steps	Local
Major Street		Road Reserve	Major Street, Divided road	Local
Mandolong Road/Arbutus Street			Mandolong Road/Arbutus Street Steps	Local
Mandolong Road	13	Lot 12 DP 4022	House	Local
Mandolong Road	16	Lot 1 DP 724864	House	Local
Mandolong Road	22	Lot 2 DP 85137	House	Local
Mandolong Road	59	Lot 56 DP 6314	House and plantings	Local
Mandolong Road	67 & 69	SP 12572	Pair of Flat buildings	Local
Medusa Street	4	Lot 1 DP 172131	House	Local
Melrose Street	23	Lot A2 DP 430090	Electricity Substation No 149	Local
Middle Head Road		Lot 2 DP 604478	AUS AID Training Centre	State
Middle Head Road			Defence Housing	Local
Middle Head Road and Suakin Drive		Lot 2 DP 831153	Georges Heights Military Barracks Complex	State
Middle Head Road		Lot 2 DP 831153	Group of Navy Cottages	Local
Middle Head Road		Lot 2 DP 831153	HMAS Penguin Naval Base	Local
Middle Head Road (off Markham Close)		Lot 1 DP 233157	Mosman Scout and Guides Hall	Local
Middle Head Road		Lot 2 DP 604478	10 Terminal Regiment HQ	Local
Middle Head Road	12	Lot A DP 110449	House and grounds	Local
Middle Head Road	20	Lot 1 DP 102385	House and grounds	Local
Middle Head Road	26	Lot 1 DP 541752	House and garden	Local
Middle Head Road	34	Lot 1 DP 4289	‘Fawley’, House	Local
Middle Head Road, corner Effingham Street	40	Lot 1 DP 901586	House and grounds	Local
Middle Head Road	43, 45, 47 & 49	Lot E DP 12576 Lot D DP 12576 Lot C DP 12576 Lot B DP 12576	Group of 4 houses	Local
Middle Head Road, corner King Max Street	46	Pt Y DP 919045	House and ground	Local
Middle Head Road	54, 56, 58 & 60	Lot A DP 438858 Lot B DP 438858 Lot C DP 438858 Lot D DP 438858	Terrace group of 4 dwellings	Local
Middle Head Road	115 & 117	Lot B DP 107003 Lot A DP 107003	Semi-detached houses	Local
Middle Head Road	139–153	SP 61182	2-storey facade of 6 shops	Local
Military Road, corner Macpherson Street	414–416	Lot 21 DP 666687	Commercial building (former bank)	Local
Military Road, corner Cardinal Street	485–485A	Lot 1 DP 845743	Sacred Heart Church	Local
Military Road	581–595	Lot 211 DP 813624 Lot 212 DP 813624 Lot 13 DP 600250 Lot 14 DP 600250 Lot 5 DP 219883 Lot 61 DP 599894 Lot B DP 440424	8 shops with dwellings above	Local
Military Road, (incl Nos 29–31 The Crescent)	613–621	Lot 8 Sec 1 DP 3513 Lot 9 Sec 1 DP 3513 Lot 47 Sec 1 DP 3513 Lot 48 Sec 1 DP 3513	Christian Science Reading Room, Sunday School and Third Church of Christ Scientist	State
Military Road	624	Lot 1 DP 739374	‘Boronia’, former house, now restaurant	State
Military Road, corner Gouldsbury Street	707	Lot 1 DP 725831	‘Rothesay’, Cafe/shops	Local
Military Road	742	Lot 1 DP 4022 Lot 1 DP 172814	Former Anzac Memorial Hall	State
Military Road, corner Beach Lane	744	SP 53477	House and commercial use	Local
Military Road	769	Bounded by Military Road, Avenue Road, Gladstone Street and Belmont Road	Mosman High School, group of 2 buildings	Local
Military Road, South corner of Avenue Road	771	SP 32927	Suite of shops with upstairs dwellings	State
Military Road	787–801	Lot 1 DP 595187 Lot 2 DP 550906 Lot 15 DP 630129 Lot 11 DP 534751 Lot 12 DP 534751 Lot 13 DP 595486 Lot 2 DP 585273 Lot 2 DP 582922	Group of 8 shops with dwellings above	Local
Military Road	866–872	Lot 35 DP 224749 Lot 34 DP 224749 Lot 1 DP 514928 Lot 2 DP 514928	‘The Strand’ Shops and upstairs dwellings	Local
Military Road	878	SP 57270	Shop with dwelling	Local
Milner Street			Milner Street, Divided road	Local
Milner Street	4	Lot 27 DP 1571	House	Local
Milton Avenue	5, 7, 9 & 11	Lot 1 DP 921673 Lot 1 DP 971770 Lot 25 DP 3627 Lot 26 DP 456192 Lot B DP 349400 Lot A DP 349400	Group of 4 houses	Local
Mistral Avenue	14	Lot A DP 956310	House	Local
Mistral Avenue, corner Magic Grove (also known as 8 Magic Grove)	28	Lot 4 DP 611597 Lot 1 DP 556986	House	State
Morella Road		Road Reserve	Morella Road, Divided road	Local
Morella Road			Sarahs Walk Steps	Local
Morella Road			Steps to Clifton Gardens Reserve	Local
Morella Road (south)		Beside No 1 Morella Road	Morella Road (south) Steps to Clifton Gardens	Local
Morella Road	5	Lot 3 DP 8543	House and garden	State
Morella Road	11	Lot 12 DP 9674	House	Local
Morella Road	17	Lot 1 DP 302384	House	Local
Morella Road and David Street	18 (Morella Road) and 2–12 (David Street)	Lots 333–37 Sec 3 DP 6294, lot 1 DP 304682, lot 39 DP 651524, and lots 40–42 Sec 3 DP 6294	Stone walling to front boundary, historic associations with 6 David Street	Local
Morella Road	26	Lot 2 DP 583753	‘Cara Mia’, House	Local
Morella Road	30A	Lot 3 DP 583799	‘Vino del Mar’, House	Local
Moruben Road		Road Reserve	Moruben Road, Divided road	Local
Moruben Road, corner Mandolong Road	2	Lot 1 DP 540317 Lot 2 DP 45675	‘Tower House’, House and stone fence	Local
Moruben Road	6	Lot B DP 311227	House	Local
Moruben Road, corner Awaba Road	47	Lot 23 DP 4021 Lot 24 DP 4021	‘Cora Lynn’, House	Local
Mosman Street		Road Reserve	Mosman Street, Divided road	Local
Mosman Street/Mosman Wharf			Mosman Street Steps to Mosman Wharf	Local
Mosman Street			Walkway to No 13 Mosman Street	Local
Mosman Street	9 & 13	SP 5539 Lot 1 DP 900128	House on No 13, Stone front walls to Nos 9 & 13	Local
Mosman Street	35	Lot 3 DP 977101	House	Local
Mosman Street	37 & 39	Lot 2 DP 61223 Lot 1 DP 61223	Terrace-type pair of houses	Local
Moss Lane (off Pearl Bay Avenue)		Road Reserve	Moss Lane	Local
Musgrave Street		Road Reserve	Musgrave Street, Divided road	Local
Musgrave Street/Raglan Street			Herron Walk Steps	Local
Musgrave Street/Raglan Street, unformed part of McLeod Street			McLeod Street, Unformed road section	Local
Musgrave Street	9A, 9B & 11	Lot 2 DP 534080 Lot 1 DP 534080 Lot 1 DP 926798	Group of 2 houses (3 dwellings)	Local
Musgrave Street	16	Lot B DP 327998	‘Rutledge Lodge’, House	Local
Musgrave Street	24	Lot 3A DP 449492	House	Local
Musgrave Street	28	Lot 2 DP 32915	Historic site	Local
Musgrave Street	39	Lot A DP 313281	House	Local
Musgrave Street		Lot 1 DP 326448 (between 52A & 54)	Electricity Substation No 380 and front fence	Local
Muston Street	2 & 4–6	Lot 2 DP 3396 SP 5085	Front fence (stone wall)	Local
Muston Street, corner Almora Street	81	Lot 21 DP 3953	House	Local
Muston Street	97	Lot 29 DP 3953	House	Local
Muston Street	102	Lot 111 DP 774079	House	Local
Myahgah Road, Civic Square		Closed portion of Myahgah Road, outside Mosman Council offices	Leahy Memorial	Local
Myahgah Road, Civic Square		Closed portion of Myahgah Road	The Antico Fountain	Local
Myahgah Road, corner Short Street	25A	Lot 13 DP 2717 Lot 14 DP 2717	Mosman Community Centre	Local
Myahgah Road and The Crescent		Lot 1 DP 919853	Mosman Park— oval and park	Local
Myahgah Road, corner The Crescent			War Memorial and Steps	Local
New Lane		Road Reserve	New Lane	Local
Noble Street (Rear 84 Avenue Road)	1A	Lot 1 DP 115997	Electrical Substation No 207	Local
Nock Lane		Road Reserve	Nock Lane	Local
Orlando Avenue		South end Orlando Avenue	McCauley Outlook— Unformed road	Local
Orlando Avenue	24	Lot 28 Sec A DP 2365	‘Talarah’, House	Local
Orlando Avenue	30	Lot D DP 409287 Lot E DP 409287	House	Local
Oswald Street/Park Avenue		From Oswald/Reginald Streets through to Park Avenue	Oswald Street/Park Avenue Steps	Local
Oswald Street	2	Lot 26 Sec C DP 2509	House and garden	Local
Ourimbah Road, corner Heydon Street		Lot 67 DP 3994 Lot 68 DP 3994	St Luke’s Anglican Church Group	Local
Ourimbah Road, corner Brady Street	8–34	Lot 1 DP 225539 Lot 2 DP 225539 Lot 91 DP 877997 Lot 92 DP 877997 Lot 81 DP 586004 Lot 82 DP 586004 Lot 12 DP 584804 Lot 11 DP 584804 Lot A DP 393858 Lot B DP 393858 Lot A DP 447934 Lot B DP 447934 Lot 1 DP 576982 Lot 2 DP 576982	Group of 7 pairs of semi-detached cottages	Local
Ourimbah Road, corner Rosebery Street	60	SP 12208	Shops and Flats	Local
Park Avenue		Road Reserve	Park Avenue, Divided road	Local
Park Avenue/Avenue Road			Park Avenue/Avenue Road Steps	Local
Park Avenue	36A	SP 8031	Flats	Local
Parriwi Park		Lot 263 DP 752067	Parriwi Park	Local
Parriwi Road/Kiora Avenue		Between 17 & 19 Parriwi Road (through to Kiora Avenue)	Barney Kearns Steps	Local
Parriwi Road			Burkes Steps	Local
Parriwi Road			Bus shelter	Local
Parriwi Road			Middle Harbour Sewerage Syphon	Local
Parriwi Road	46	Lot 3 DP 17697 Lot 4 DP 17697	House and Garden	Local
Parriwi Road	53B & 53	Lot 1 DP 800420 Lot 2 DP 800420	Rosherville Lighthouse	Local
Parriwi Road	65	Lot 17, DP 71366	House	State
Pearl Bay Avenue/Delecta Avenue (Marsala Street)			Pearl Bay Avenue/Delecta Avenue (Marsala Street) Steps	Local
Pearl Bay, Middle Harbour			Houseboat No 3	Local
Pearl Bay Avenue	10	Lot 26 DP 8492	House	Local
Pearl Bay Avenue, corner Moss Lane	16	Lot 29 DP 8492	‘Atherton’, House	Local
Pretoria Avenue			Pretoria Avenue Steps	Local
Prince Albert Street		Road Reserve	Prince Albert Street, Divided road	Local
Prince Albert Street	3	Lot 2 DP 601067	House	Local
Prince Albert Street	5 & 7	Lot 1 DP 601067 Lot 1 DP 902590	Pair of houses	Local
Prince Albert Street	13	Lot 1 DP 932354	‘Candida’, House	Local
Prince Albert Street	19	Lot A DP 389110	‘Ardagh’, House	State
Prince Albert Street	21 & 23	Lot 1 DP 901720 Lot D DP 435443	Pair of houses	Local
Prince Albert Street	24	Lot 11 DP 8397	‘Araluen Heights’, House	Local
Prince Albert Street	27	Lot 2 DP 105546	House	Local
Prince Albert Street, corner Union Street	37	Lot 1 DP 983943	House	Local
Prince Albert Street	45	Lot 1 DP 900685	‘Ravenstan’, House	State
Prince Albert Street	70	SP 14335	‘Alameda’ Flats	Local
Prince Albert Street, corner Queen Street	74	Lot 2 DP 208058	House	Local
Prince Albert Street	98	Lot 11 DP 455964 Lot 12 DP 976424	House	Local
Prince Albert Street, corner Raglan Street	120–122	SP 22664	Group of shops with dwellings above	State
Prince Lane		Road Reserve	Prince Lane	Local
Prince Street	49 and 49A	Lots 1 and 2, DP 590014	House (divided into 2 dwellings)	Local
Prince Street	46, 48 & 50	Lot 1 DP 100298 Lot 1 DP 922508 Lot 1 DP 925077	Group of 3 houses	Local
Prince Street	66B	SP 9101	‘Clumba Court’, Flats	Local
Pulpit Lane			Pulpit Lane Steps to Beauty Point Foreshores Walk	Local
Punch Street	4	Lot 1 DP 918187	‘Hendon’, House	Local
Quakers Road			Quakers Road steps	Local
Queen Street, corner Milton Avenue	2	Lot 5–8 DP 3627 Lot 1 DP 212571 Lot 1 DP 205962	Blessed Sacrament School	Local
Queen Street	6	Lot 1 DP 791997	Queenwood School for Girls	Local
Queen Street, corner Clanalpine Street	16A	Lot 1 DP 981534	Group of 5 dwellings	Local
	18–20, 22–24	Lot 4 DP 522939 Lot 3 DP 522939 Lot 2 DP 504566 Lot 1 DP 504566
Raglan Street		Road Reserve	Raglan Street, Divided road	Local
Raglan Street/Botanic Road			O’Neil Walk	Local
Raglan Street			Raglan Street Steps and Pedestrian Walkway	Local
Raglan Street	3	SP 45081	‘The Castle’, Flats	Local
Raglan Street	5, 7, 9 & 11	Lot 1 DP 104765 Lot 1 DP 540158 Lot 2 DP 540158 Lot 1 DP 922602	Group of 4 houses	Local
Raglan Street	10	SP 1450	Flats	Local
Raglan Street	15	Lot Y DP 420568	‘Ythanbank’, House (formerly known as ‘Boxmoor Flats’)	Local
Raglan Street	22	Lot 1 DP 919852	‘Bareena’, House	Local
Raglan Street	24	Lot 1 DP 919407	‘Abington’, House	Local
Raglan Street	35A	Lot B DP 386795	House	Local
Raglan Street	55	Lot 4 Sec A DP 975490	House	Local
Raglan Street	60	Lot 1 DP 372612
	60A, 60C	Lot 2 DP 372612 SP 4485	Group of 4 blocks of flats	Local
	60B	Lot 3 DP 372612
Raglan Street, corner Mosman Street	72	Lot 1 DP 115014	House	State
Raglan Street	81 & 83	Lot 1 DP 741186 Lot 1 DP 197870	Pair of houses	Local
Raglan Street, corner Queen Street	109	SP 42325	House (divided into 2 dwellings)	Local
Raglan Street, corner Queen Street	111	Lot 2 DP 214008	House	Local
Raglan Street	127	Lot 1 DP 917951	‘Jesmond’, House	Local
Raglan Street	130	SP 16281	House, divided into 4 flats	Local
Raglan Street	131	Lot 1 DP 78583	House	Local
Raglan Street, corner Canrobert Street	144		St Clement’s Anglican Church and Rectory	Local
Raglan Street, corner Muston Street	145	SP 16768	House	Local
Raglan Street	156 & 158	Lot 1 DP 101878 Lot 23 DP 928094	Group of 2 houses	Local
Raglan Street	161	Lots 1, 8 & 9, DP 285582	‘Tregoyd’, House and garden	State
Raglan Street	189	Lot 1 DP 970473	House	Local
Raglan Street, corner Redan Street	200 (also known as 200A)	Lot 1 DP 917840	‘Boondabah’, House	Local
Raglan Street	200B	Lot B DP 322321	House	Local
Raglan Street	218	Lot 1 DP 925220	House	Local
Raglan Street	243	SP12621	Flats	Local
Rangers Avenue		Road Reserve	Rangers Avenue, Divided road	Local
Rangers Avenue			Stone culvert	Local
Rangers Avenue	69	Lot 2 DP 527924	House	State
Rangers Avenue	101A	Lot 1 DP 315777 (Between 59 Spofforth Street & 101 Rangers Avenue)	Electrical Substation No 208	Local
Redan Street		Road Reserve	Redan Street, Divided road	Local
Redan Street	5 & 7	SP 31955 SP 14519	Group of 2 blocks of flats	Local
Redan Street	9, 11 & 11A	Lot 4 DP 8684 Lot 5 DP 8684 Lot 6 DP 8684	Group of 3 houses	Local
Redan Street	12	Lot 1 DP 455989 DP 913559	House	Local
Redan Street	18	Lot 1 DP 115715	House	Local
Redan Street	28	Lot 21 DP 1350 Lot 22 DP 1350	House	Local
Redan Street, corner Balmoral Avenue	29	Lot 11 DP 4251	House	Local
Redan Street	36–38	Lot B DP 438077 Lot A DP 438077	Pair of semi-detached houses	State
Redan Street	37A	Lot 1 DP 321248 (Fronting 37 Redan Street)	Electrical Substation No 205	Local
Reginald Street	31–33	Lot 2 DP 511641 Lot 1 DP 511641	Pair of semi-detached houses	Local
Rose Crescent		Road Reserve	Rose Crescent, Divided road	Local
Rosebery Street		Road Reserve	Rosebery Street, Divided road	Local
Rosherville Reserve			Rosherville Reserve	Local
Royalist Road		Road Reserve	Royalist Road, Divided road	Local
Ruby Street		Road Reserve	Ruby Street, Divided road	Local
Ruby Street	6	Lot A DP 378291	House	Local
Ryan Avenue/Balmoral Avenue			Ryan Avenue Steps	Local
St Elmo Street	10	Lot 1 DP 934578 and Lot 20 DP 3828	House	Local
Sadlier Walk (between Awaba Street and Dalton Road)			Sadlier Walk Pedestrian Way	Local
Shadforth Street	11 & 13	Lot A DP 436554 Lot B DP 436554	Pair of houses	Local
Shadforth Street, corner Crux Street	24	Lot 56 DP 34076	House	Local
Shadforth Street	34	Lot 1 DP 198499	‘Winter-garden’, House	Local
Shadforth Street	36–38 & 40–42	Lot 1 DP 785875 Lot 1 DP 641761 Lot 1 DP 589154 Lot 2 DP 589154	Group of 2 semi-detached pairs	Local
Shadforth Street	53	Lot 3A DP 378615	‘Motfield’, House	Local
Shadforth Street	70 & 72	Lot B DP 158943 Lot A DP 158943	House, divided into 2 occupancies	Local
Shadforth Street	71		Mosman Church of England Preparatory School Group	Local
Shadforth Street	85–87	Lot 11 DP 76778 Lot 12 DP 974982	Pair of houses	Local
Shadforth Street	99–101	Lot 12 DP 806116 Lot 11 DP 806116	Semi-detached pair of houses	Local
Shadforth Street, corner Hamlet Lane	107	Lot 1 DP 539812	‘Hamlet House’, House	State
Silex Road	11A	SP 13603	Flats	Local
Silex Road	13	Lot A DP 367843	House	Local
Sirius Cove Road, at Sirius Avenue			Footbridge over Sirius Cove Road	Local
Sirius Cove Road			Sirius Cove Seawall	Local
Sirius Cove Road	1A	Lot 1 DP 86329 Lot 2 DP 86329	House	Local
Sirius Park		(Between Sirius Cove Road and Curlew Camp Road)	Divided road through Sirius Park	Local
Spencer Road		Road Reserve	Divided road and Street Trees	Local
Spencer Road	64	Lot 1 DP 945643	House	Local
Spit Road/Parriwi Road		(Between 191 and 193 Spit Road, 30 & 32 Parriwi Road)	Quarry Steps	Local
Spit Road			Spit Bridge	State
Spit Road	42–44	Lot 29 DP 3994	Mosman Masonic Centre	Local
Spit Road	51	SP 30300	‘Jerpoint’, Flats	Local
Spit Road (Rear—on Punch Lane)	61	Lot 2 DP 229664	Electrical Substation No 204	Local
Spit Road, corner Ourimbah Road	68	SP14513	Former House, now flats	Local
Spit Road	153–157	Lot 1 DP 436033	‘Phillip Morton Place’, Flats	Local
Spit Road	201	Lot 121 DP 875504	House	Local
Spit Road, corner Central Avenue	210	Pt Lots 1–3 DP 4000	St Therese Parish House for Beauty Pt Catholic Church	Local
Spit Road	230	Lot 1 DP 430423	House	State
Spofforth Street	27	SP 11907	Flats	Local
Spofforth Street	37	Lot 2 Sec B DP 2365	Group of Shops	Local
Spofforth Street, corner Reginald Street	39	SP 30507	Flats	Local
Spofforth Street	41	SP15699	Shops	Local
Spofforth Street	45, 45A, 47 & 47A	Lot A DP 421219 Lot B DP 421219 Lot C DP 421219 Lot D DP 421219	Shops	Local
Stanley Avenue	17	Lot B1 DP 341868	‘Merriwa’, House divided into 3 flats	Local
Stanton Road			Balmoral Lookout	Local
Stanton Road/The Grove			Stanton Road/The Grove Steps	Local
Stanton Road	27	Lot 1 DP 552645	House	Local
Superba Parade		Road Reserve	Superba Parade, Divided road and Steps	Local
Sverge Street			Sverge Street Steps	Local
Sydney Harbour National Park, Bradleys Head Road			Ashton Park	State
Sydney Harbour National Park, Bradleys Head Road			Athol Gardens Dance Hall and Wharf Remains	Local
Sydney Harbour National Park Bradleys Head Road,			Bradleys Head Fortification Complexes (2), Ashton Park	State
Sydney Harbour National Park, Bradleys Head Road			Bradleys Head Lighthouse, Bradleys Head	State
Sydney Harbour National Park, Bradleys Head Road			Sandstone Pillar, Bradleys Head	Local
Sydney Harbour National Park, Chowder Bay Road		Lot 1 DP 604478	Georges Head Fortifications Complex	State
Sydney Harbour National Park, Chowder Bay Road			Obelisk Point Fortifications Complex	State
Sydney Harbour National Park, Chowder Bay Road			Pair of Navigational Obelisks	Local
Sydney Harbour National Park, Chowder Bay Road			Rock Casemate	State
Sydney Harbour National Park, Chowder Bay Road			Semi-Underground Armoured Casemate Battery	State
Sydney Harbour National Park, Old Fort Road			Middle Head Fort Complex	State
Thompson Street	4	SP12375	Flats	State
Thompson Street, corner Silex Road	7	Lot 2 DP 324874	‘Rothesay’, House	Local
Thompson Street, corner St Elmo Street (also known as 4 St Elmo)	12	Lot 2 DP 962380	House, divided into 2 occupancies	Local
Tivoli Street	2	Lot 1 DP 946855	‘Corrielyn’, House	Local
Tivoli Street	5–7	Lot 2 DP 316033 Lot 1 DP 316033	Semi-detached pair	Local
Tivoli Street	14	Lot B DP 390148	House	Local
Upper Avenue Road		Road Reserve	Upper Avenue Road, Divided road	Local
Upper Avenue Road/Crux Street (unformed)		Road Reserve	Upper Avenue Road/Crux Street (unformed), unformed Road	Local
Upper Fairfax Road		Road Reserve	Upper Fairfax Road, Divided road	Local
Upper Spit Road/Parriwi Road			Upper Spit Road/Parriwi Road Steps	Local
Upper Spit Road	1	Lot A DP 339624	Flats	Local
Upper Spit Road, Mosman	7	Lot 100 DP 583214 Lot 101 DP 583214	‘Easterly’, House	Local
Upper Spit Road, Mosman	13	Lot 1 DP 216853	‘Sessiagh’, House	Local
Warringah Lane		Road Reserve	Warringah Lane	Local
Warringah Road		Road Reserve	Warringah Road, Divided road	Local
Water Lane			Water Lane Pathway	Local
Whiting Beach Road, corner Prince Albert Street	9	Lot 6 DP 8400	House	Local
Wolger Road	9	Lot B DP 331985	House	Local
Wolseley Road		Road Reserve	Wolseley Road, Divided road	Local
Wolseley Road	34	Lot G DP 918077	‘Yattendon’, House	Local
Wudgong Walk			Wudgong Walk Pathway	Local
Wunda Road		Road Reserve	Wunda Road, Divided road	Local
Wunda Road	25	Lot 1 DP 934781	House	Local
Wyargine Street/The Esplanade			Wyargine Street/The Esplanade Steps	Local
Wyargine Street	6–8	SP 4856	‘Stancliff’, Flats	State
Wyong Road			Wyong Road, Divided road	Local
Wyong Road/Shellbank Avenue			Wyong Road—Steps to Shellbank Avenue	Local
Wyong Road	73	Lot 5 DP 16492 Lot 6 DP 16492 Lot 7 DP 16492 Lot 8 DP 16492	‘Shellbank’, House	Local

sch 2: Subst 23.2.2001. Am 28.9.2001; 27.9.2002; 14.11.2003; 2005 (432), Sch 1 [8]–[10].

Schedule 2A Heritage conservation areas

(Schedule 1)

Note—

The extent of all heritage conservation areas can be seen on the Heritage Conservation Map.

Number	Name of Heritage Conservation Area
1	Bradleys Head Road Conservation Area
2	The Crescent Conservation Area
3	Holt Estate Conservation Area
4	Keston Avenue Conservation Area
5	Killarney Estate Conservation Area
6	Lang Street Conservation Area
7	Military Road Conservation Area
8	Orlando Conservation Area
9	Raglan Street Conservation Area
10	Shadforth Street Conservation Area
11	Upper Avenue Road Conservation Area

sch 2A: Ins 23.2.2001.

Schedule 3 Archaeological sites

(Schedule 1)

Column 1	Column 2	Column 3	Column 4	Column 5
Street	Street No	Property description	Name of item	Level of significance
Avenue Road		Road Reserve at end of Avenue Road	Former Tram Terminus, including enclosing sandstone walls	Local
Avenue Road	65A–69A	Excavated indentation on eastern side of Avenue Road	Former Stone Quarry	Local
Athol Wharf Road		Road reserve adjacent to Taronga Zoo Ferry Wharf	Former Athol Wharf Tram Terminus, including escarpment and retaining walls	Local
Athol Wharf Road		Taronga Zoo Ferry Wharf	Site of first wharf serving Taronga Zoo	Local
Centenary Drive, Mosman Bay		Sandstone seawall around Quarry Point between Mosman Rowers Club and Mosman Amateur Sailing Club	Former Quarry Wharf	Local
The Esplanade		From end Mulbring Street to Plunkett Road through public reserve	Abandoned tramway cutting	Local
Harnett Avenue and Royalist Road		Steep escarpment between Harnett Avenue and Royalist Road from end of Calliope Street to waterfront	Site of former Harnett’s Quarry	Local
Sydney Harbour National Park		National park at Middle Head, Georges Heights, Taylors Head and Bradleys Head	Sydney Harbour National Park	State
Middle Head Road HMAS Penguin Naval Depot			Ventilation stack and former original septic tank, now a swimming pool	Local
Musgrave Street		At end of Musgrave Street	Site of original 1870s Musgrave Street wharf	Local
Parriwi Road			Remains of Grant’s Wharf	Local
Pearl Bay Avenue			Site of former Pearl Bay Pleasure Grounds	Local
Public land			Aboriginal sites listed in Mosman Municipality Study of Aboriginal Sites 1991, available at the office of the Council
Sirius Cove Road		Bushland between Little Sirius Cove and Whiting Beach	Sites of Curlew and Mia Mia Camps	Local
Spit Road			Site of former Explosives Wharf	Local
Spit Road			Remains of former bridge and seawall	Local
Upper Spit Road		Parriwi Park, end of Upper Spit Road	Site of former road to the Spit	Local

sch 3: Subst 23.2.2001.

Schedule 4 Original estate roads

(Clause 36)

Road Reserve	Estate or other description
Avenue Road	Mosman Bay Township
Bradleys Head Road	Mosman Bay Township
Cross Street	Silex Estate
Crux Street	Mosman Bay Township
Fairfax Road	Park Gate Estate
Government Road	Park Gate Estate
Grecia Lane (M6)	Park Gate Estate
Hamlet Lane (M58)	Mosman Bay Township
King Max Street	Silex Estate
Lane M1 (Bay Street to Water Street)	Park Gate Estate
Lane M3 (Ida Avenue to Pearl Bay Avenue)	Park Gate Estate
Barney Kearns Steps (Parriwi Road to Kiora Avenue)	Park Gate Estate
Lane M50	Silex Estate
Marsala Street	Park Gate Estate
Military Road (from Spofforth Street to Middle Head Road)	Historic Road Alignment
Mitchell Road	Park Gate Estate
Prince Albert Street	Silex Estate
Quakers Road	Park Gate Estate
Queen Street	Silex Estate
Raglan Street	Mosman Bay Township
Rosherville Road	Park Gate Estate
Shadforth Street	Mosman Bay Township
Spit and Parriwi Roads (from Spit Junction to James Street)	Historic Road Alignment
Union Street	Silex Estate
Upper Fairfax Road	Park Gate Estate
Water Lane (M53)	Silex Estate

Schedule 4A Significant interiors (heritage items of State significance only)

(Clause 38A)

sch 4A: Ins 23.2.2001.

Schedule 5 Classification and reclassification of public land

(Clause 39)

Schedule 6 Exceptions

(Clause 40 (1))

Property	Development
748–752 Military Road (Lot 921 DP 807617)	Development for the purpose of professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling), if: (a) the gross floor area of the premises does not exceed 430 square metres, and (b) the height of the building does not exceed 12.6 metres, and (c) the landscaped area is not less than 484 square metres.
Balmoral Bathers Pavilion, 4 The Esplanade	Development for the purpose of a restaurant.
Balmoral Baths Pavilion, 2A The Esplanade	Development for the purpose of a restaurant.
744 Military Road (Lot 10, DP 771687)	Development for the purpose of commercial premises or a shop, if: (a) the commercial premises or shop occupies an area not greater than 86 square metres, is confined to the ground floor of the building and occupies the part of the building having direct pedestrian access to Military Road, and (b) the remainder of the building is to be used solely for the purpose of a single dwelling, and (c) the original fabric of the building is conserved, and (d) the residential amenity and character of the garden setting of the building is retained.
The section of Stanton Road, Mosman, fronting 22B Burran Avenue, Mosman (Lot 5, DP 539344).	Development for the purpose of vehicular access to 22B Burran Avenue, Mosman.
Mosman Bowling Club (Lot 12 in DP 1008638, 15 Belmont Road)	Development for the purpose of a bowling club and ancillary uses
Unformed section of Amaroo Crescent, Mosman, zoned 7 (a) Environment Protection (Bushland), fronting 3 Windward Avenue, Mosman (Part Lot 1, DP 12611), as shown on Engineering Drawing titled “Proposed property access and turning path”, Drawing Number C01 Issue 02, prepared by Jeff Moulsdale & Associates and dated November 2002, approved by the Council on 12 November 2002 and deposited in the office of the Council.	Development for the purpose of vehicular access to the rear of 3 Windward Avenue, Mosman
647 and 653 Military Road (Lot 15, DP 663532 and Lot 16, Section 1, DP 3513)	Development for the purposes of commercial premises or a shop (other than a shop used principally for the preparation and sale of food by retail), if: (a) development for such a purpose is carried out on the ground floor only, and (b) the maximum floorspace ratio for that part of the development as is development for such a purpose does not exceed 0.3:1, and (c) the maximum floorspace ratio of all development on the site does not exceed 1:1, and (d) the facade elements and landscaped setting of the building at No 653 Military Road are maintained and integrated into the development, and (e) the residential and commercial development of Nos 647 and 653 Military Road is undertaken concurrently, and (f) any existing use rights enjoyed by No 653 Military Road are surrendered pursuant to a condition of the Council’s consent to the development. Despite paragraph (c) of this item, additional floorspace may be created in the roof space of a building with a pitched roof, but not so as to increase the floorspace ratio of the building beyond 1.3:1 or to add to the height or bulk of the building.
Warringah Bowling Club site, 72–82 Bradleys Head Road	Development for the purpose of a child care centre.

sch 6: Am 22.2.2002; 24.1.2003; 31.1.2003; 2005 (161), Sch 1; 2006 (723), cl 4.

Schedule 7 Exceptions

(Clause 40 (3))

Property	Prohibition or restriction
20 Clifford Street (Lot 1, DP 848673)	Shops, restaurants, service stations and motor showrooms are prohibited.

Schedule 8 Light industries

(Clause 16)

Dry cleaning
Bakeries
Shoe repairers
Jewellery manufacturing
Furniture manufacturing
Any other light industrial uses compatible with the business centres that would not adversely affect the amenity of the locality.

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Mosman Local Environmental Plan 1998

2 (a1) Residential, 2 (a2) Residential and 2 (a3) Residential Zones
1 Objectives of zones	• Retain the single dwelling character of the environmentally sensitive residential areas of Mosman • Maintain the general dominance of landscape over built form, particularly on harbour foreshores • Maintain the existing subdivision pattern • Ensure that sites are of sufficient size to provide for buildings, vehicular and pedestrian access, landscaping and retention of natural topographical features • Ensure that development is of a height and scale which complements existing buildings and streetscapes • Allow for some non-residential uses that would not adversely affect the living environment of the area • Encourage residential development which has regard to local amenity and, in particular, public and private views
2 Development allowed without development consent	Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: bed and breakfast establishments child care centres (allowed in the 2 (a1) Residential and 2 (a3) Residential zones only) drainage dwelling houses home businesses open space places of public worship roads semi-detached dwellings utility installations (other than gas holders or generating works) Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

2 (b) Residential, 2 (c) Residential, 2 (d) Residential and 2 (e) Residential Zones
1 Objectives of zones	• Ensure a variety of housing types in Mosman • Maintain and enhance landscaping as a major element in the residential environment • Provide for housing which is compatible with surrounding development in terms of bulk, height and scale • Allow for some non-residential uses that would not adversely affect the living environment of the area • Provide for some flexibility in development standards in the 2 (e) Residential zone to provide more housing opportunities • Ensure that development includes adaptable and accessible housing • Encourage residential development which has regard to local amenity and, in particular, public and private views • Maintain the natural character of the harbour foreshore by ensuring that landscape dominates over built form
2 Development allowed without development consent	Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: bed and breakfast establishments boarding houses child care centres drainage dwelling houses educational establishments home businesses multiple dwellings open space places of public worship roads semi-detached dwellings utility installations (other than gas holders or generating works) Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

Zone	Minimum lot size
2 (a1) Residential	700 m²
2 (a2) Residential	930 m²
2 (a3) Residential	450 m² (except for erection of a semi-detached dwelling) 230 m² for erection of a semi-detached dwelling
2 (b), 2 (c), 2 (d), 2 (e) Residential	300 m² for erection of a dwelling house or semi-detached dwelling 700 m² for erection of all other residential buildings

Zone	Maximum building height	Maximum wall height
2 (a1), 2 (a2), 2 (a3), 2 (b), 2 (c), 2 (d) Residential	8.5 metres	7.2 metres
2 (e) Residential	11 metres	N/A

Zone	Maximum floorspace ratio
2 (a1), 2 (a2), 2 (a3) Residential	0.5:1 for that part of the site area ≤ 700 m² and 0.4:1 for that part of the site area > 700 m²
2 (b) Residential	0.55:1
2 (c) Residential	0.6:1
2 (d) Residential	0.7:1
2 (e) Residential	1:1

Development resulting in one dwelling per lot or a non-residential building
Site Area	Minimum landscaped area as a percentage of gross floor area
< 500 m²	60%
500 m² or more	(Site area in square metres × 0.125)%
Development resulting in more than one dwelling per lot
Zone	Minimum percentage of site to be landscaped area
2 (b) Residential	50%
2 (c) Residential	50%
2 (d) Residential	40%
2 (e) Residential	40%

	3 (a1) Spit Junction Town Centre Zone	3 (a2) Cremorne Business Zone	3 (a3) Mosman Junction Town Centre Zone
1 Objectives of zone	• Encourage office development in order to increase employment opportunities on public transport routes	• Allow a diverse range of retail, commercial and entertainment opportunities as part of Cremorne Junction Centre	• Maintain shopfronts at street level with a predominance of retail use in the centre
	• Allow a range of retail, business and entertainment opportunities which meet the needs and expectations of the local community and enhance the viability and vitality of the centre	• Encourage residential development as part of the use of sites within the zone	• Maintain and enhance the heritage streetscape
	• Encourage redevelopment for business purposes on sites outside the heritage conservation area	• Improve, by civic design and landscape proposals, the amenity of this business zone	• Maintain Military Road streetscape by allowing buildings of two storeys in height
	• Improve pedestrian and functional links between Bridgepoint and businesses on Spit and Military Roads	• Ensure that development has regard to the relevant objectives and controls in the adjoining North Sydney area	• Allow residential development as part of the use of sites at Mosman Junction
	• Encourage residential development as part of the use of sites at Spit Junction	• Allow a range of light industrial type uses which meet the needs of the local community and would not adversely affect the amenity of the area	• Encourage reinstatement of facades on altered buildings to match height and features of the heritage conservation area
	• Buildings to be of a height, bulk and form that is compatible and complementary to the existing streetscape		• Allow a limited range of light industrial type uses which meet the needs of the local community and would not adversely affect the amenity of the area
	• Allow a limited range of light industrial type uses which meet the needs of the local community and would not adversely affect the amenity of the area
2 Development allowed without development consent	Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: advertisements boarding houses brothels car repair stations carparking facilities child care centres clubs commercial premises community centres drainage dwelling houses educational establishments home businesses hospitals hotels light industries in Schedule 8 motels motor showrooms multiple dwellings open space places of assembly places of public worship public utility undertakings recreation facilities restaurants roads semi-detached buildings service stations shops utility installations Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

3 (b) Commercial/Residential Zone
1 Objectives of zone	• Encourage redevelopment for mixed residential/business uses which do not include shops • Ensure that the retail strip along Military Road is not extended • Ensure a reasonable level of residential amenity within sites in terms of noise, air quality and outdoor landscaped open space
2 Development allowed without development consent	Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: advertisements boarding houses child care centres commercial premises community centres drainage dwelling houses educational establishments home businesses multiple dwellings open space places of assembly places of public worship public utility undertakings recreation facilities roads semi-detached dwellings utility installations Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

3 (c) Local Business Zone
1 Objectives of zone	• Allow business and services which primarily meet the day to day needs of the local community • Allow residential development as part of the use of sites in local business areas • Maintain shop uses on street level • Minimise the effect of business development on adjacent residential areas, having regard to the carparking capacity of the roads in those areas • Allow buildings of two storeys in height
2 Development allowed without development consent	Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: advertisements boarding houses child care centres commercial premises community centres drainage dwelling houses educational establishments home businesses light industries in Schedule 8 multiple dwellings open space places of assembly places of public worship public utility undertakings recreation facilities restaurants roads semi-detached dwellings service stations shops utility installations Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

3 (d) The Spit Waterside Business Zone
1 Objectives of zone	• Maintain The Spit as a prime recreational boating resource and working marine area with associated commercial activities • Allow development which is unlikely to generate additional traffic and demand for additional parking • Maintain and improve the scenic quality of The Spit by ensuring the external appearance of buildings is of suitable materials and colours and of a height and scale which is unlikely to affect the environment adversely
2 Development allowed without development consent	Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: boating industry facilities carparking facilities coastal patrol administration and operations drainage marinas marine sales and service centres open space restaurants roads utility installations (other than gas holders or generating works) water based clubs and activities
4 Development which is prohibited	Development not included in item 2 or 3

Zone	Maximum floorspace ratio
3 (a1) Spit Junction Town Centre	2:1
3 (a2) Cremorne Business	2:1
3 (a3) Mosman Junction Town Centre	2:1
3 (b) Commercial/Residential	2:1
3 (c) Local Business	1.3:1
3 (d) The Spit Waterside Business	1:1

5 (a) Community Uses Zone
1 Objectives of zone	• Identify land for the provision of community services and facilities • Allow land to be used for a limited range of community uses in addition to the specific land use for which it is zoned • Contribute to the scenic quality of Mosman and the harbour
2 Development allowed without development consent	Exempt development Structures solely for the purposes of exhibition, conservation and care of animals on land zoned Community Uses 5 (a)—Zoo
3 Development allowed only with development consent	Demolition Development for the purpose of: the particular land use indicated on the zoning map child care centres drainage open space recycling drop-off centres roads utility installations (other than gas holders or generating works) Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

6 (a) Public Recreation Zone
1 Objectives of zone	• Provide a viable open space system which supports a diversity of leisure and educational opportunities • Maintain and provide open space links to a diversity of public and private spaces and facilities as an integral part of the open space system • Ensure that open space is managed on a sustainable basis including the maintenance of ecological processes, genetic diversity and geo-diversity • Ensure conservation and proper management of cultural values within the open space system • Ensure that open space contributes to the aesthetic quality, experience and image of the community
2 Development allowed without development consent	Development for the purpose of park furniture (including seats, bins, picnic tables and similar items) and lighting (other than lighting to be used in connection with active recreation, such as sporting activities, or active recreation facilities) Exempt development Works for the purpose of gardening, landscaping and bushfire hazard reduction
3 Development allowed only with development consent	Demolition Development for the purpose of: beach and foreshore protection works buildings associated with landscaping, gardening or bushfire hazard reduction and vehicular access to those buildings carparking ancillary to another permissible use child care centres drainage kiosks recreation areas recreation facilities recreation, sporting and cultural activities roads utility installations Subdivision
4 Development which is prohibited	Development on reserved or dedicated Crown land that does not comply with the public purpose notified under the Crown Lands Act 1989 or does not comply with acceptable uses identified in an adopted Plan of Management for the reserve, under the Crown Lands Act 1989 Other development not included in item 2 or 3

6 (b) Private Recreation Zone
1 Objectives of zone	• Identify private land which is set aside for recreational purposes
2 Development allowed without development consent	Development for the purpose of landscaping and gardening Exempt development
3 Development allowed only with development consent	Demolition Development for the purpose of: carparking ancillary to another permissible use clubs recreation areas recreation facilities utility installations Subdivision
4 Development which is prohibited	Development not included in item 2 or 3

7 (a) Environment Protection (Bushland) Zone
1 Objectives of zone	• Retain and manage bushland areas for their scenic and environmental values • Conserve native plant and animal species through the maintenance of suitable habitats • Contribute to the scenic quality of Mosman and the harbour
2 Development allowed without development consent	Development for the purpose of bushland regeneration or bushfire hazard reduction Drainage works that are: (a) carried out by or on behalf of the Council and involve the maintenance of existing drainage lines, or (b) carried out by or on behalf of the Council and involve the installation of pollution control devices on so much of the land within the zone as is coloured brown and diagonally hatched on the map marked “Mosman Local Environmental Plan 1998 (Amendment No 8)”
3 Development allowed only with development consent	Drainage works (other than drainage works referred to in item 2) Works to enable pedestrian access to facilitate recreational use of the bushland
4 Development which is prohibited	Development not included in item 2 or 3

8 (a) National Parks Zone
1 Objectives of zone	• Identify land dedicated or reserved as a national park under the National Parks and Wildlife Act 1974 • Conserve areas of natural ecological, scenic, educational, scientific, cultural or historical importance
2 Development allowed without development consent	Any development authorised by or under the National Parks and Wildlife Act 1974 and any development incidental or ancillary to that development
3 Development allowed only with development consent	Nil
4 Development which is prohibited	Development not included in item 2

8 (b) National Parks (Proposed) Zone
1 Objectives of zone	• Identify land which is to be reserved or dedicated under the National Parks and Wildlife Act 1974 • Protect the values of that land for the use for which it is proposed to be so reserved or dedicated
2 Development allowed without development consent	Nil
3 Development allowed only with development consent	Any development authorised by or under the National Parks and Wildlife Act 1974 and development incidental or ancillary to that development
4 Development which is prohibited	Development not included in item 3