Planning Proposals (Rezonings or LEP Amendments)
- Important information regarding Planning Proposals
As Council staff are currently preparing Pittwater's Standard Instrument Local Environmental Plan (LEP), Council resolved on 17 October 2011 to hold off on processing any future Planning Proposals until such time as Pittwater's Standard Instrument LEP is made.
Accordingly, any Planning Proposals submitted after 17 October 2011 will be reported directly to Council with a recommendation to hold the application in abeyance until such time as Pittwater's Standard Instrument LEP has been made. Notwithstanding this, it would remain open to Council to lift the moratorium in exceptional circumstances – demonstrated public benefit, demonstrated hardship or demonstrated environmental preservation, and in the circumstance that the Warriewood Valley Strategic Review requires a review of zonings in the release area.
Once Pittwater's Standard Instrument LEP is formally adopted, consideration will then be given to any outstanding/undetermined Planning Proposals.
Planning Proposals are an action under the Environmental Planning and Assessment Act 1979, and must be carried out in accordance with that Act. A Planning Proposal is a formal planning process which, when complete, alters the range of activities permissible on a site. This may increase or decrease the range of permissible uses for the property.
To apply for a Planning Proposal
Applications may be made in writing and accompanied by the appropriate fee.
The following charges apply:
- Minor Rezoning - $20,000.00 + $200.00 per hour after initial 40 hour assessment and
- Major Rezonings - $30,000.00 + $200.00 per hour after initial 80 hour assessment
- Advertising costs (both minor and major) - $2,750.00
Presently there is no right of appeal against Council's decision on the merits of a Planning Proposal and there is no refund of fees for an unsuccessful application. A partial refund may be available if the application is withdrawn before Council makes a decision on it or if Council resolves not to exhibit the Planning Proposal.
The key steps in considering a Planning Proposal are:
- Planning Proposal (PP) prepared by proponent or Relevant Planning Authority (RPA)
- Preliminary non-statutory notification of rezoning
- RPA formally considered PP
- RPA resolves to forward PP to Minister for Department of Planning (DOP)
- PP assessed by DOP
- LEP Panel considers PP & recommendations of DOP
- Gateway Determination
- Consultation with State/Commonwealth Public Authorities
- Director General approves PP for community consultation
- Community Consultation
- Conduct public hearing if required
- RPA considers community and agency submissions
- Final PP assessed by DOP
- DOP arrange legal instrument in consultation with RPA
- Plan is made
If the Council resolves to exhibit the Planning Proposal, the public has an opportunity to view the plan and make comments. Apart from placing an advertisement in the newspaper advising the community of the exhibition, Council will notify in writing those residents and property owners it feels may be affected by the draft plan.
Council considers the following matters when it determines your Planning Proposal application:
- The Objects of the Environmental Planning and Assessment Act 1979;
- Any relevant State or regional environmental policies, circulars or Ministerial directions;
- The relevant visions, aims and outcomes contained in Pittwater Local Environmental Plan 1993;
- The objective of any relevant Development Control Plan;
- Any relevant non-statutory planning document adopted or exhibited by Council (eg strategic plans, Codes, concept plans and the like);
- Whether site contamination may restrict rezoning of the property;
- Any cumulative impact that may result within the local government area as a result of the application being followed by other applications;
- Any relevant experience with similar proposals or circumstances applying to other LGA's.
Updated: 15 Nov 2012