Statement of Environmental Effects – Waverley Council NSW

If you are lodging a development application with Waverley Council, you need a Statement of Environmental Effects (SEE) that addresses the Waverley Local Environmental Plan 2012 (LEP 2012), the Waverley Development Control Plan (December 2022), and the mandatory content requirements of Schedule 1, Part 1 of the Environmental Planning and Assessment Regulation 2021.

In this guide, you will learn:

• Which planning instruments apply to Waverley Council DAs
• How coastal cliff erosion and foreshore controls affect your SEE
• What the Bondi Junction centre controls require
• How heritage listings shape your development proposal
• When the Sydney Eastern City Planning Panel takes over from Council

What Planning Instruments Govern Waverley Council DAs?

Every Waverley DA must be assessed against the LEP 2012 and DCP December 2022 — two instruments that together set the standards for bulk, character, and environmental protection across the LGA.

Waverley Council's primary planning instruments are the Waverley Local Environmental Plan 2012 and the Waverley Development Control Plan (December 2022, which replaced the earlier DCP 2012). Together these documents set out permissibility, height and floor space ratio (FSR) controls, and detailed design standards for every land use in the LGA.

Your SEE must demonstrate compliance with both instruments or — if you are seeking a departure — explain why the variation is justified. The EP&A Regulation 2021 Schedule 1, Part 1 sets the mandatory content floor for every SEE lodged in NSW, regardless of council.

Figure 1: Key planning instruments and SEE content requirements for Waverley Council DAs.

Coastal Cliffs, Erosion, and Foreshore Controls

Waverley's coastline — from Bondi to Bronte and Clovelly — is subject to strict coastal erosion and foreshore scenic protection controls that must be addressed head-on in any SEE.

Waverley Council contains some of Sydney's most iconic coastline, including Bondi Beach, Bronte Beach, and Clovelly. Coastal hazard assessment is a central SEE obligation for properties close to the ocean.

The Coastal Management Act 2016 and SEPP (Resilience and Hazards) 2021 overlay the LEP controls with requirements for coastal vulnerability, erosion risk, and wave run-up. Your SEE must demonstrate that the proposal will not increase coastal hazard risk, will not obstruct coastal access, and is compatible with the foreshore scenic protection area (FSPA) controls under the LEP.

For developments within the FSPA, the DCP sets specific controls on building height, setbacks, materials, and colours to ensure new development does not visually dominate the foreshore. A SEE for a coastal property must include a view impact analysis, a coastal hazard risk assessment, and a materials and finishes schedule demonstrating foreshore compatibility.

Figure 2: Key site constraints that must be addressed in a Waverley Council SEE.

Bondi Junction — Height, FSR, and Centre Controls

Bondi Junction is Waverley's primary commercial centre, with its own LEP height limits, FSR controls, and active frontage requirements that require specific SEE treatment.

Bondi Junction is designated a regional commercial centre under the LEP. It has some of the highest permissible building heights in the LGA, along with FSR controls calibrated to support transit-oriented development near Bondi Junction station.

A SEE for a Bondi Junction site must address:

• Compliance with the applicable height of buildings map and FSR map controls
• Active street frontage requirements and ground-floor use provisions
• Wind impact on the public domain if the proposal is tall
• Pedestrian amenity, cycle access, and public transport connectivity
• Interface with the adjoining residential zones to the east and north

Heritage Conservation in Waverley

Waverley has a rich heritage fabric — from Federation-era terraces in Bondi to inter-war apartment buildings along the esplanade — and the LEP lists numerous heritage items and conservation areas.

The Waverley LEP 2012 identifies individual heritage items (Schedule 5) and heritage conservation areas (HCAs) across the LGA. Work to a heritage item or within an HCA requires heritage impact assessment as a core SEE component.

Your heritage assessment must follow the NSW Heritage Office guidelines and address:

• Significance assessment of the heritage item or HCA · Proposed works and materials description · Impact on heritage significance — fabric, setting, and views · Mitigation measures and sympathetic design treatment · Archival recording requirements if demolition of fabric is proposed

Common DA Types in Waverley

Alterations and additions to dwellings, residential flat buildings, and mixed-use developments in Bondi Junction are the most frequent DA types lodged with Waverley Council.

Waverley is a densely developed LGA with limited undeveloped land. The most common DA types include alterations and additions to dwellings, residential flat buildings (in zones permitting medium and high density), mixed-use development in the Bondi Junction centre, and coastal or foreshore-adjacent development.

Figure 3: Common development application types lodged with Waverley Council.

The DCP December 2022 contains detailed provisions for each development type, including solar access, privacy, parking, and landscaping standards.

When Does the Sydney Eastern City Planning Panel Decide?

Larger and regionally significant DAs in Waverley are determined by the Sydney Eastern City Planning Panel, not Waverley Council's assessment staff.

The Planning and Environment (Sydney Eastern City Planning Panel) Order 2018 requires certain development to be determined by the Sydney Eastern City Planning Panel (SECPP) rather than Council. SECPP jurisdiction applies to:

• Development with a capital investment value (CIV) above $30 million
• Development with a CIV of $5–30 million where Council is the applicant or landowner
• Certain Crown, sensitive, and designated development
• Development referred by the Secretary of the Department of Planning

For SECPP applications, the SEE must be supported by a comprehensive suite of technical reports and must meet the higher evidential standard expected by an independent panel.