Learn more about LEPs
Learn more about DCPs
Learn more about SEPPs
View register of DAs determined with variations to development standards
Our LEPs and DCPs
Your property address determines which Local Environmental Plan (LEP) and Development Control Plan (DCP) apply.
1. To identify which LEP applies, either:
Online mapping tool LEP descriptions:
- 'KLEP - 2015' = Ku-ring-gai Local Environmental Plan 2015
- 'KLEP LC 2012' = Ku-ring-gai Local Environmental Plan (Local Centres) 2012
- 'KPSO' = Ku-ring-gai Planning Scheme Ordinance
2. Once you have identified the LEP, check which DCP applies in the table below:
A LEP is an environmental planning instrument prepared by a council, in consultation with their community and approved by the Minister for Planning (or their delegate). It includes development standards that aim to guide the future development of land and the management of environmental, social, economic, heritage and cultural resources for the benefit of present and future generations.
We currently have three LEPs that cover three different areas of Ku-ring-gai:
- Ku-ring-gai Local Environmental Plan 2015
- Ku-ring-gai Local Environmental Plan (Local Centres) 2012
- Ku-ring-gai Planning Scheme Ordinance
For professionals: the Ku-ring-gai Local Environmental Plan 2015 and Ku-ring-gai Local Environmental Plan (Local Centres) 2012 were prepared in accordance with the NSW Government's Standard Instrument (Local Environmental Plans) Order 2006 which means these LEPs use standardised colours for mapping, land use zone references, land use definitions and formatting. They are 'standard plans'. The Ku-ring-gai Planning Scheme Ordinance, which came into effect in 1971 and well before the Standard Instrument Order, uses different colours for mapping, land use zone references etc. The Ordinance is a 'non-standard plan'.
More information on preparing a LEP
What is a LEP?
A LEP consists of a written instrument and maps. The written instrument outlines:
- the aims and objectives of the LEP
- a list of the types of development that are permitted or prohibited by a property's zoning
- principal development standards to manage the subdivision, building height and floor space ratio of land
- provisions to regulate the size of a home business and other miscellaneous development
- the preservation of trees or vegetation
- the objectives for protecting heritage, waterways and areas of biodiversity significance
- a list of heritage items and heritage conservation areas
- a development dictionary
The maps accompanying the written instrument identify (but are not limited to):
- the zoning of land
- maximum building height
- maximum floor space ratio
- minimum lot size (subdivision)
- areas of biodiversity significance
- waterways (riparian land)
- heritage items and heritage conservation areas
Sometimes a clause in the written instrument will override the information on a map. For example, the maximum floor space ratio for properties zoned R2 Low Density Residential is listed in Part 4.4 Floor Space Ratio of the LEP written document.
You must therefore read the written instrument in conjunction with the maps to correctly interpret a LEP.
How does a LEP apply to my development proposal?
Your development application (DA) must comply with the development standards of a LEP.
Variations to LEP development standards
Development standards are a means to achieving an environmental planning objective and can be numerical or performance based. Some developments may achieve planning objectives despite not meeting the required development standards. The planning system provides flexibility to allow these objectives to still be met by varying development standards in exceptional cases.
If you wish to vary a LEP development standard, your DA is to be supported by a written request demonstrating that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard.
Note: even if a development standard is met, it does not guarantee that it will be approved. All DAs are assessed on a merits basis and as such may be refused despite development standards being met.
Ku-ring-gai LEP 2015 or LEP (Local Centres) 2012:
Refer to clause 4.6 of the LEP written document.
Ku-ring-gai Planning Scheme Ordinance:
Refer to State Environmental Planning Policy No. 1 - Development Standards
Guide to varying development standards (pdf. 172KB)
Register of DAs - variations to development standards
A DCP contains guidelines that compliment the development standards in a LEP. A DCP is prepared by a council, in consultation with their community and approved by a Meeting of Council. It contains a comprehensive set of design objectives and guidelines which 'fine tune' the design of development to achieve the aims and objectives of a LEP.
Examples of DCP design guidelines:
- building setbacks from property boundaries
- building design
- built upon area and soft landscaping
- solar access
- vehicle parking and access
- managing the removal of stormwater
How does a DCP apply to my development proposal?
A DCP contains design and environmental objectives and controls aimed at achieving a high quality built environment, landscape setting and community spaces. Your DA must comply with the controls and their objectives of a DCP.
The following provides an example of how a DCP applies to a development application (DA):
The objectives outline the outcomes that proposed developments are required to achieve. In order to gain approval, developments need to demonstrate that they have fulfilled the relevant objectives for each element of the development.
To ensure landscape development proposals provide useable outdoor recreation spaces as part of the overall design.
The controls demonstrate the preferred ways in which the objectives are to be achieved.
At least one area of useable private open space which has a minimum depth of 5m and a minimum area of 50m² is to be provided on each site.
Variations to DCP controls
While there is an expectation that DAs should comply with the controls in a DCP, some departures may be acceptable where it can be justified that the departure or non-compliance:
results in a development that on its merits still achieves the objectives of the control that is proposed to be varied; and
will not result in any greater amenity impacts on surrounding properties than a compliant development.
You must justify how the non-compliant elements of your DA will meet the objectives of the control that is proposed to be varied in your Statement of Environmental Effects. Variations to development controls will result in longer assessment times.
More information: DA assessment fact sheet
A pre-DA consultation with council staff enables us to assess and provide verbal and written feedback on those aspects of a development proposal which are non-compliant prior to formally lodging a DA. This may save you time, money and frustration.
About the pre-DA consultation (pdf. 697KB)
Apply for a pre-DA consultation
SEPPs deal with issues significant to the State and people of NSW. They are made by the Governor (Department of Planning and Environment) on the recommendation of the Minister for Planning.
There are over 30 SEPPs that regulate land use and development in NSW.
Which SEPP applies to my development proposal?
A Section 149(2) Planning Certificate will give you a list of SEPPs that apply to your property address.
Further information about each SEPP can be viewed on the Department of Planning and Environment website. One SEPP that most DAs are required to comply with is SEPP Building and Sustainability Index 2004 (BASIX). Visit the BASIX website for more information about this policy and how it may apply to your development proposal.
How does a SEPP apply to my development proposal
Development proposed in a development application will need to comply with the development standards of a SEPP.
Sometimes the development standards in a SEPP will override or simply compliment the development standards in a LEP. The relationship between a SEPP and LEP can be a complex one. We encourage you to obtain professional advice from a suitably qualified town planner who can accurately identify which specific development standards will apply to your development proposal.
View a list of development applications (DA) where a variation to a development standard has been determined under:
- SEPP 1 (Ku-ring-gai Planning Scheme Ordinance); or
- Clause 4.6 (Ku-ring-gai LEP 2015 or Ku-ring-gai LEP (Local Centres) 2012).
Register - variations to development standards (pdf. 166KB)