About the MLPP
The NSW Government has made local planning panels mandatory for all councils in Greater Sydney.
The Mosman Local Planning Panel (MLPP) replaced the Mosman Development Assessment Panel (MDAP) on 1 March 2018.
The establishment of the MLPP means that development applications will be determined by either the MLPP, the Sydney North Planning Panel or by Council officers under delegation.
Ministerial directions issued under the Environmental Planning and Assessment Act 1979 outline the referral criteria for development applications to be determined by a local planning panel. The directions also require that certain planning proposals are to be referred to the local planning panel for advice.
You can view the referral criteria, code of conduct and operational procedures on the Department of Planning, Industry and Environment website.
The Panel consists of four members being:
- The Chair – with expertise in law,
- Two professionals with expertise in urban design, planning or other related field, and
- One community representative from the Local Government Area
The Mosman Local Planning Panel members include:
- Paul Stein
- Peter Wells – Alternate
- Lesley Finn – Alternate
- Brian McDonald
- Susan Hobley
- Melanie Howden – Alternate
- Sue Francis – Alternate
- Brian Kirk – Alternate
- Ann Messenger
- Graham Levido
- Nicholas Mumby
MLPP meetings are normally held on the third Wednesday of the month at 10.30am.
MLPP agendas are publically available fourteen days prior to the meeting.
MLPP meetings are currently being held by videoconference.
MLPP meetings are conducted in accordance with the MLPP Guidelines which can be viewed within the agenda document for each meeting.
A person may only address the MLPP after having registered to do so in advance. Registrations to speak and any late correspondence relating to an application before the MLPP must be submitted to Council no later than 2:00pm on the Thursday prior to the MLPP meeting.
At the meeting speakers are heard in the following order:
- any objectors or other persons who wish to make submissions or representations; and
- the applicant, or the applicant's representative.
Following the public hearing the MLPP will ordinarily go into closed session for the express purpose of deciding upon its findings, conclusions, and decisions.
Minutes of the MLPP are made publicly available on the MLPP Agendas and Minutes page by 9.00am on the day immediately following the meeting.
Code of conduct
All members of the panel are bound by the Code of Conduct for Local Planning Panel Members.
The referral criteria, code of conduct and operational procedures on the Department of Planning, Industry and Environment website.
Applications will be referred to the Mosman Local Planning Panel for determination where they meet the criteria outlined below:
a. The application involves a development application:
i. with unresolved objections from three or more properties; or
ii. with continuing unresolved objections relating to view loss of the Harbour or scenic landmarks (i.e. the Heads, Opera House or Harbour Bridge); or
iii. with at least one objection from a property owner that shares a side boundary and there is non-compliance with the minimum side setback requirement of the DCP and/or the development would extend beyond the rear alignment of that same adjoining neighbour’s building.
b. The application relates to a review of determination pursuant to S.8.2(1)(a) or S.8.2(1)(b) of the Environmental Planning and Assessment Act 1979.
c. The application relates to a modification of development consent under S.4.55(2) or S.4.56(1) of the Environmental Planning and Assessment Act 1979 where the terms of a. (i), (ii) and (iii) apply.
d. The General Manager, Director Environment and Planning or Manager Development Services considers the application should be brought before the Panel.
e. The application involves public land, Crown land where Mosman Council is the reserve trust manager, or an unmade road zoned RE1 or C2 under Mosman LEP2012, or land owned by a public authority as defined in the Local Government Act 1993 and the application is a determination of application for Development Consent under the Environmental Planning and Assessment Act 1979.
Applications will be referred to the Mosman Local Planning Panel for determination if:
f. The application is a development application or a modification of development consent under S.4.55(2) or S.4.56(1) of the Environmental Planning and Assessment Act 1979 and the applicant or land owner is the Council, a councillor, a staff member of Mosman Council who is involved in the Council’s functions under the Environmental Planning and Assessment Act 1979, a member of parliament or a relative of any such a person, where the development is other than internal alterations and additions to any building that is not a heritage item, advertising signage, maintenance and restoration of a heritage item or a minor building structure/s projecting from the building facade over public land.
g. The application is a development application or a modification of development consent under S.4.55(2) or S.4.56(1) of the Environmental Planning and Assessment Act 1979 and the application is the subject of 10 or more unique submissions by way of objection.
h. The application contravenes a development standard imposed by an environmental planning instrument by more than 10% or a non-numerical development standard.
i. The application is a development application that involves designated development, development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies, demolition of a heritage item (either wholly or partially), new licenced premises (requiring a club licence, a hotel (general bar) licence or a on-premises licence for public entertainment), sex services premises, restricted premises or where the applicant has offered to enter into a planning agreement.
j. The application is a modification of development consent granted by the MLPP under S.4.55(2) of the Environmental Planning and Assessment Act 1979 and the application (i) proposes amendments to a condition of development consent recommended in the council assessment report but which was amended by the panel, or (ii) proposes amendments to a condition of development consent that was not included in the council assessment report but which was added by the panel.
The Chair of the Mosman Local Planning Panel has provided the following delegations to the General Manager or his delegate pursuant to Section 2.20(8) of the Environmental Planning and Assessment Act 1979:
- The Chair’s functions in respect of Clause 3.1.5 of the Minister’s Local Planning Panel Direction – Operational Procedures.
- The functions of the Mosman Local Planning Panel in respect to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979 irrespective of the number of objections.
- The functions of the Mosman Local Planning Panel in respect to Section 8.15(4) of the Environmental Planning and Assessment Act 1979.
Planning proposals are referred to the Panel for advice, unless Council’s General Manager determines the planning proposal relates to:
- the correction of an obvious error in a local environmental plan,
- matters that are of consequential, transitional, machinery or other minor nature, or
- matters that will not have any significant adverse impact on the environment or adjoining land.
The Panel must have given its advice on the proposal before Council considers whether or not to forward it to the Minister or the Greater Sydney Commission under Section 3.34 of the Environmental Planning and Assessment Act 1979.