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 proposed amendment to the Wollondilly Local Environment Plan is known as a Planning Proposal.
A Planning Proposal, is a formal application, submitted to Council that proposes to change the Wollondilly Local Environment Plan including proposals to rezone land.
A planning proposal outlines:
A Planning Proposal must be prepared in accordance with clause 3.13 of the Environmental Planning & Assessment Act 1979 and relevant Department of Planning guidelines including Preparing Local Environmental Plans and Preparing Planning Proposals.
All Planning Proposals must be in accordance with Council's adopted Planning Proposal Policy.
Prior to preparing a Planning Proposal it is recommended that you book a pre-lodgement meeting with Council's Strategic Planning division. Staff can explain the process and provide advice specific to the proposal. This is a formal service and a fee is be payable prior to your meeting. This fee will depend on the scope of your proposal and is in accordance with Council’s adopted fees & charges.
For more information on booking a pre-lodgement meeting please contact Council's Strategic Planning Team on (02) 4677 1100 or council@wollondilly.nsw.gov.au.
Any new Planning Proposal will require that an application fee is paid on the day of lodgement. Other fees are also required as a planning proposal progresses and fees for mapping are also applicable.
Please refer to Council's Current fees & charges.
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:
If the Gateway Determination recommends that the planning proposal has merit and should proceed, the proposal will be publicly 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.
The NSW Government Department of Planning & Environment has an online Local Environment Plan Tracking System where you can find information on Planning Proposals once they have been submitted to the Department.
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