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LEP amendments and planning proposals

Council is mindful of the need to properly consider requests for rezoning and the expense that applicants can be put to in preparing such requests without a guaranteed outcome. In order to address these issues, Council has implemented a process for considering requests for rezoning that will minimise costs for applicants at the initial stage, and will allow Council to consider such requests in accordance with the Department of Planning’s requirements and provide a clear indication of the likelihood of the request for rezoning proceeding.

The preparation of extensive supporting documentation by development proponents runs the risk that the various studies will not be used. Where a proposed rezoning does receive written authorisation to proceed there is a strong likelihood that additional information, studies or independent review will be required.

Development proponents sometimes prepare detailed studies in order to justify a particular rezoning proposal and convince council that the concept is worthy of support. Over time these studies have become more comprehensive.

The decision to rezone land and the amount of information required to make this decision is a matter for Council. However, it is not appropriate that detailed local environmental study style rezoning applications be expected before Council has agreed to proceed with a rezoning. As such Council will not be asking for excessive amounts of detail before a proposal is considered by Council and the Department of Planning. This will minimise costs to proponents at the initial stages and allow more certainty before proceeding with more detailed studies as required.

It is important to note that the requirements for Section 54 notification, referral to the Department of Planning & LEP Review Panel, Section 65 certification and public exhibition are legislative requirements that must be complied with regardless of Council’s process.

Council’s process will ensure that before a proponent commissions detailed and what can be expensive studies for a rezoning proposal, an “in principle” approval is given by Council and the Department of Planning subject to conditions, thus reducing any unnecessary costs to the proponent.

The main steps in the process are outlined as follows:

Lodgement

A 'request for rezoning' is lodged with Council accompanied by the following:

• Details of the proponent including a nominated name and address as the contact, and details of the land concerned (i.e. Lots and deposited plan numbers)
• The preliminary review fee adopted in Council’s fees and charges
• A brief description of the locality of the proposal, including its character, the existing and previous land use, the existing zoning of the land and its surrounds
• Mapping information and photographs (including aerial photographs where appropriate) to describe the land, its locality and the relationship with adjoining land uses
• A concise but adequate outline of the proposal, including the changes required to the existing zoning or plan
• Compelling reasons for the proposed rezoning, including:
• policy and strategic context in terms of consistency with State policy/Council strategy, public interest reasons and existing studies
• compatibility with the surrounding zoning and land use patterns
• implications of not proceeding with the proposal
• where relevant, a supply and demand analysis to demonstrate the need for the proposal
• Justification of the proposal in terms of the relevant LEP Panel pro-forma criteria (available from the Department of Planning website)
• An identification of the key environmental issues of the land as understood at the time, including:
• soils and geological capability
• biophysical environment, including natural vegetation and threatened species
• the water cycle on the land and in the locality
• natural hazards that may exist on the land
• cultural environment, including information on Aboriginal or European heritage
• social or community issues, including housing, employment and economic environments
• Information to highlight for discussion any broader issues that may need attention or resolution.

It is not the purpose of a rezoning justification to go into a detailed description of a proposal and its environmental implications. This material needs to be developed as part of formal studies or local environmental study. As a guide it is expected the above issues could be addressed in a concise document of 6–10 pages which identifies the opportunities and constraints relevant to the proposed rezoning.

Council consideration

Once submitted the request will be considered by planning staff to determine the appropriateness of the proposed rezoning and adequacy of the documentation provided. Additional information may be requested by planning staff to support the proposed request.

Once the required documentation is considered complete, a report will be prepared for consideration by Council, which will detail the main issues surrounding the proposed rezoning. This will include details of studies that would be required for the rezoning to proceed and other matters that may need to be addressed in more detail. Alternatively, Council will provide reasons why the proposed rezoning will not proceed.

Section 54 notification

In the event that Council resolves that the request for rezoning is appropriate and should proceed, Council will forward the notification required under Section 54 of the Environmental Planning and Assessment Act 1979 to the Department of Planning for their consideration and referral to their LEP Review Panel.

The Department of Planning and LEP Review Panel will consider the proposal and if it recommends that the proposed rezoning process should proceed, will advise of any further issues that need to be addressed and studies (including Local Environmental Studies) that would need to be submitted in support of the proposed rezoning.

Letter to proponent

At any point where the rezoning is not supported by Council or the Department of Planning, the proponent will be advised in writing. If the rezoning is supported, Council will then forward a letter to the proponent advising of the requirements that would need to be fulfilled and supporting studies required for the proposed rezoning to be further considered.

Submission of supporting studies

The proponent will then decide whether to proceed with commissioning the supporting studies. If the supporting studies are prepared, they would need to be submitted to Council and accompanied by the assessment fee adopted within Council’s adopted fees and charges.

Report to council

The supporting studies will be reviewed by planning staff, and a report prepared for consideration by Council recommending adoption of the proposed rezoning into a proposed LEP amendment.

Section 65 certificate

Once Council has resolved to adopt the rezoning into a draft LEP amendment, the draft amendment and supporting maps and studies will be referred to the Department of Planning to obtain a certificate to allow public exhibition of the proposed rezoning as required by Section 65 of the Environmental Planning and Assessment Act 1979.

Exhibition

Once the Department of Planning has issued a Section 65 certificate, Council will arrange for public exhibition of the proposed rezoning to allow for public comment and submissions. Upon completion of the exhibition period, any submissions will be reviewed, and a report prepared for Council’s consideration.

Gazettal

Once Council has resolved to adopt the proposed rezoning as an amendment to the LEP, the necessary documentation will be forwarded to the Department of Planning for further consideration, Ministerial Review and gazettal.

Summary

Council will not consider requests for rezoning that do not follow the process above, in order to ensure that legislative obligations under the Environmental Planning and Assessment Act 1979 are met.

It is strongly recommended that proponents for requests for rezoning contact Muswellbrook Shire Council at an early stage to arrange a meeting with planning staff to discuss their proposal prior to lodgement, to assist in the preparation of appropriate documentation and discuss relevant issues for consideration.

Council is unable to guarantee the rezoning of land will occur until the Minister for Planning has signed off on the proposal, however, it is the purpose of this process to ensure that rezoning proposals with limited prospects for success at the local level are identified at an early stage in the process at minimal cost to all parties.






This page last updated 16 February, 2012 12:10 PM