Planning proposal for 42-58 Old South Head Road, Vaucluse


The objective of the planning proposal was to allow redevelopment of the site for medium density residential development, including residential flat buildings, to a maximum height of 10.5 metres (3 storeys) and a maximum floor space ratio (FSR) of 1:1.

To enable this objective the planning proposal sought to amend Woollahra Local Environmental Plan 2014, in the following manner:

  • amend the zoning of the site from R2 Low Density Residential to R3 Medium Density Residential;
  • increase the maximum building height control of the site from 9.5m to 10.5m; and
  • apply an FSR control of 1:1 to the site (no FSR control currently applies).

Initial Assessment

Council's initial assessment of the planning proposal was reported to the Urban Planning Committee (UPC) and subsequently Council resolved to publicly exhibit the proposal.

Public Exhibition Material

Public exhibition of the planning proposal was held from Wednesday 18 October to Friday 17 November 2017. The key exhibition documents (PDFs) are provided below:


On 12 February 2018, Urban Planning Committee (UPC) considered the post-exhibition report(PDF, 19MB) including annexures(PDF, 11MB).

On 26 February 2018, the Council considered the recommendation of the UPC and resolved(PDF, 666KB) to defer to a future meeting of the Urban Planning Committee.

A supplementary report on the planning proposal, addressing potential view impacts, was then considered by Council’s Environmental Planning Committee (EPC) on Monday 2 July, 2018.

On 16 July 2018, the Council considered the recommendation of the EPC and resolved:

  • A. THAT Council note the Visual Sharing Assessment prepared by Richard Lamb and Associates, at Annexure 2 of the report to the Environmental Planning Committee of 02 July 2018 and numerous submissions of residents.
  • B. THAT Council resolve to take no further action in relation to the planning proposal for 42-58 Old South Head Road, Vaucluse for the following reasons:
    • i. The proposal will result in significant impacts on adjoining and neighbouring properties including:
      Bulk and scale.
    • ii. The proposal fails to achieve view sharing in accordance with the Tenacity Principles set out in the Land and Environment Court judgement for Tenacity Consulting v Warrigah Council.
    • iii. The proposal will result in severe view loss from properties at 21, 23 and 29B Captain Pipers Road, Vaucluse.
    • iv. The proposal will make a wholly negative impact on the streetscape and local neighbourhood character.
    • v. The future desired character of this precinct does not envisage the intensity of development represented by the proposal.
    • vi. The provision of essential infrastructure in the precinct including sewage, parking , traffic and roads, public transport and schools is currently insufficient to deal with the increased residential population which will result from the proposal.
    • vii. The proposal will result in the overdevelopment of the amalgamated site and the precinct as a whole.
    • viii. The proposal is not in the public interest and will undermine the applicable LEP and DCP, zoning and controls, adopted by Council and endorsed by the community as recently as 2014-2015.
    • ix. The zoning to R3 represents a significant departure from the predominant and defined R2 zoning east of Fernleigh Avenue extending through Rose Bay, Vaucluse and into Watsons Bay.
  • C. THAT in accordance with section 3.35(4) of the Environmental Planning and Assessment Act 1979, the Council request the Minister or the Greater Sydney Commission to determine that the matter not proceed.

On 19 July 2018, Council forwarded a request to the Minister to determine that the planning proposal not proceed.

On 7 March 2019, the Minister’s delegate acknowledged Council’s request. Therefore, the planning proposal will not proceed and is now finalised.


For more information contact Council’s Strategic Planners on 02 9391 7087.