What is Land Rezoning?
Land rezoning is a formal process that amends the planning controls relating to a parcel(s) of land. Rezoning land can result in an increase or decrease to the range of permissible uses on the subject land or change the development controls that are applicable. Land can only be rezoned through a formal amendment to the Wollondilly Local Environmental Plan (LEP) 2011.
A planning proposal is the first step in the process to rezoning land. A planning proposal, is a formal application, submitted to Council that proposes to rezone land outlines:
- The statement of the objectives or intended outcomes of the proposal.
- An explanation of the Provisions that are to be included in the proposal.
- The justification for those objectives, outcomes and provisions; and the process for their implementation.
- Maps containing the appropriate details including proposed zones, environmental constraints, heritage and flooding where relevant.
- Details of the community consultation that is to be undertaken.
A Planning Proposal must be prepared in accordance with Section 55 of the Environmental Planning & Assessment Act 1979 and relevant Department of Planning guidelines including A Guide to Preparing Local Environmental Plans and A Guide to Preparing Planning Proposals.
Prior to preparing a planning proposal it is recommended that you make an appointment with Council's Strategic Planning division. Staff can explain the process and provide advice specific to the proposal.
All Planning Proposals must be in accordance with Council's adopted Planning Proposal Policy. Please search "Planning Proposal Policy" or "CP0038" within the Policy Register.
Planning Proposal Fee
In accordance with the current Management Plan a planning proposal must be accompanied with the required application fee. Please refer to Council's Current Fees & Charges for further information.
If Council resolves to support the planning proposal and prepare a Draft Local Environmental Plan (LEP), and providing that the Department of Planning allow the proposal at the 'Gateway Determination' stage, the applicant is required to pay full costs of preparation of the draft LEP and any Local Environmental Studies deemed necessary by either the Council or the Department of Planning (plus Council's 35% LEP Project Management Fee).
A planning proposal must be formally considered at an Ordinary Meeting of Council. If Council wishes to proceed with the proposal to rezone the land, Council must resolve to support the planning proposal and to forward it to the Minister for Planning for a 'Gateway Determination'.
The Gateway Determination is a checkpoint for planning proposals before significant resources are committed to carrying out technical studies and investigations. It enables planning proposals that are not credible or well founded or not in the public interest to be stopped early in the process before resources are committed to detailed studies and investigations, and before State Commonwealth Public Authorities are asked to commit their own resources to carrying out assessments.
At the Gateway Determination, the Minister will decide:
- Whether the proposal is justified on planning grounds.
- Whether the planning proposal should proceed (with or without variation).
- Whether the planning proposal should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal).
- The community consultation required.
- Any consultation required with State or Commonwealth Public Authorities.
- Whether a public hearing by the Panel Assessment Commission or other specified person or body is required.
- The timeframes for the various stages of the procedure to make the draft amendment.
- Whether the function of making the LEP is exercised by the Minister for Planning or delegated to Council.
Public Exhibition and Finalisation
If the Gateway Determination recommends that the planning proposal has merit and should proceed, the proposal will be publically exhibited to obtain the views of the community and referred to State or Commonwealth Public Authorities (as specified by the Gateway Determination). All submissions received during the public exhibition shall be reported to Council.
Under the new plan making procedures, the planning proposal and supporting studies are placed on public exhibition. The written Draft Local Environmental Plan Amendment (the Draft LEP) is prepared by the Parliamentary Counsel when the planning proposal is finalised, immediately before it is made by the Minister or delegate. The LEP take effect when it is published on the NSW Legislation website.
Council's Strategic Planning Team on 4677 1100 or firstname.lastname@example.org