A Planning Proposal is required where a landowner or proponent seeks to amend Council’s Local Environmental Plan (LEP). Land rezoning is an example of a process that requires a Planning Proposal.
A LEP is prepared by Council to guide planning decisions for the local government area and is principally made up of a written instrument and associated maps. Through zoning and development standards, it allows Council to manage the ways in which land is used.
A LEP is prepared in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act 1979), and Environmental Planning and Assessment Regulation 2021.
The first step in the process is to talk to a Planner in Council's Strategic Planning team. Staff will explain the process. It is strongly recommended that a pre-lodgement scoping proposal be prepared and submitted to Council.
The submission of a scoping proposal allows Council to provide early feedback about the strategic and site-specific merits of the proposal, and what justification and key supporting studies may be required to support the proposal. It also allows Council to facilitate early consultation with key authorities and government agencies. The aim is to resolve planning issues upfront and to streamline the LEP making process.
A planning proposal is a document that explains the intended effect of, and justification for, the proposed amendment. Planning Proposals are to be prepared in accordance with the following guideline:
A planning proposal must be formally considered at a Council meeting. Council officers will prepare a report on the merits of the proposal.
Council does not have to support applications for rezoning of land. Similarly, a Council resolution to prepare a planning proposal or an amendment to the LEP does not necessarily guarantee that the proposal or rezoning will proceed.
Planning Proposals are to be lodged with the City of Canada Bay via the NSW Planning Portal, provided by the Department of Planning, Industry and Environment.
Submission via the Planning Portal will require you to register as a user first.
A planning proposal application must be accompanied by a completed Council application form, information to support the proposal and the applicable fee.
Planning proposal applications will require external planning expertise on behalf of the applicant. It is recommended that a town planning consultant be engaged for the preparation of planning proposal applications, regardless of whether the proposal is of a minor or major nature. Other specialist consultants may also be needed to provide technical input to the proposal.
Scoping Proposal - $10,000
Basic LEP or DCP - $10,000
Major DCP - $30,000
Standard and Complex LEP - $100,000
Note: A Basic LEP generally refers to single allotment spot rezonings that seek to correct an administrative or obvious error, address consequential or transitional matters, list a local heritage item supported by an endorsed study, or that comprise a minor ‘housekeeping’ amendment. These rezoning are generally not complex or contentious.
A Standard LEP refers to LEP amendment applications that seek to alter the land use zone, principal development standards or classification for one or more allotments, including additional permissible uses, where the proposed changes are consistent with the objectives of the LEP, the District and Regional Strategic Plan and the Canada Bay LSPS.
A Complex LEP refers to LEP amendment applications that seek to alter the land use zone or principal development standards that would result in a significant increase in demand for supporting local or regional or State infrastructure, or that respond to a new State or local government policy or change in circumstances, or that are subject to the Aboriginal Land SEPP, or that are inconsistent with a District or Regional Plan or the Canada Bay LSPS.
Fees for Scoping Proposals, Basic, Standard or Complex LEP amendments are not refundable.
Further information about the process can be obtained from the NSW Department of Planning and Environment
Council's Strategic Planning team can be contacted on 9911 6555.
Draft amendments that have been placed on public exhibition will also be available to view on the NSW Planning Portal and our Planning Proposals page on Collaborate Canada Bay.
The status of a Planning Proposal can be followed on the NSW Planning Portal and our Planning Proposals page on Collaborate Canada Bay.