Rezoning or more correctly amendment of Council's Local Environmental Plan, is an action under the Environmental Planning and Assessment Act, and must be carried out in accordance with that Act. A rezoning 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 an amendment to PLEP 1993

Applications may be made in writing and accompanied by the approriate fee.

The following charges apply:

• Minor Rezoning - $15,500.00 + $160.00 per hour after initial 40 hour assessment and
• Major Rezonings - $25,750.00 + $160.00 per hour after initial 80 hour assessment
• Advertising costs (both minor and major) - $1,085.00

Presently there is no right of appeal against Council's decision on the merits of rezoning and there is no refund of fees for an unsuccessful rezoning. A partial refund may be available if the application is withdrawn before Council makes a decision on it or if Council resolves not to exhibit a draft LEP for the rezoning/amendment.

The key steps in considering a rezoning application are:

• Analysis of any submissions and a Report to Council on the rezoning proposal.
• Decision by Council as to whether to proceed with the draft LEP.
• Referral to the State Government's LEP Review Panel
• Agreement of the Department of Planning for the preparation of a draft LEP.
• Refarral to public authorities.
• Public exhibition of draft LEP (28 days).
• Report back to Council regarding results of exhibition, submissions etc, for resolution on whether to proceed with rezoning.
• Report to Department of Planning requesting LEP be made.
• Signature of plan by Minister.
• Gazettal

If the Council resolves to exhibit a draft local environmental plan, the public has an opportunity to view the plan and comment on its content. 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 must take into consideration submissions from the public when it makes a decision whether or not to proceed with the rezoning.

Council considers the following matters when it determines your rezoning application:

• The Objects of the Environmental Planning and Assessment Act;
• Any relevant State or regional environmental policies, circulars or Ministerial directions;
• The relevant visions, mission statements, 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.