Planning Proposal Procedure
Objective
To establish Wyong Council’s procedure for processing planning proposals (formerly known as spot
rezonings).
Application
This procedure shall be used for all planning proposals lodged with Council.
Requirements
Receipt of a Planning Proposal
Applicants are strongly encouraged to discuss a planning proposal with Council staff before preparing
and submitting a proposal. On receipt of a planning proposal, Council staff may:
1. Refuse to accept a planning proposal (over the counter or at a meeting).
Reason: A planning proposal may be premature, inappropriate or not a priority for Council.
There is no statutory requirement for Council to accept a planning proposal.
2. Return a planning proposal to the applicant, without any work being undertaken on it (including
the
refunding
of
any
fees
paid
–
less
a
10%
Administration
Fee).
Reason: Applicants may not accept preliminary advice from Council or not contact Council prior
to submitting a planning proposal. Once received, a planning proposal may be deemed to be
premature, inappropriate or not a priority. An Administration Fee is retained by Council to cover
receipting, recording and return of the request by staff).
3. Receive and undertake a desktop assessment but determine, upon undertaking an initial review
of the information received, to return the planning proposal and advise that the proposal will not
be processed further (fees will be refunded, less administration and staff time costs).
Reason: Initial review of the information reveals that the planning proposal does not comply
with Council’s adopted procedure or the standing advice and requirements of the Department of
Planning.
4. Receive the planning proposal and process it in accordance with Council’s adopted procedure,
including legal agreement and fee structure. In accordance with s58(4) of the Environmental
Planning and Assessment Act, 1979, Council can, at any time, request the Minister to determine
that the planning proposal not proceed.
Timing
The planning proposal will be allocated to an appropriate staff member within the Land Use Planning
Section according to the current work program. Within Council, there are three phases for processing
planning proposals. Upon receipt of an acceptable planning proposal (as per No. 3 or 4 above), phase
1 of the process will be undertaken as staff are available. Planning proposals will progress to phase 2
provided that phase 1 has been completed and the fees are paid for phase 2 prior to commencing that
phase; these requirements also apply when progressing a proposal from phase 2 to phase 3 of the
process.
Prioritisation of Issues
Council gives higher priority (from a staff resourcing point of view) to planning proposals which
provide:
 Significant ongoing permanent employment (eg. This would normally involve 10 or more full
time direct equivalent positions);
 Retail (in accordance with Council’s adopted Retail Strategy); or
 Significant education, medical or community facilities/services,
A higher priority is provided to these proposals over those for residential development (outside of
Council’s adopted Residential Development Strategy) or other proposals.
Planning Proposal Phasing
Council gives no undertaking to an applicant that the processing of the planning proposal will be
successful (i.e. accepted by Council or the Minister) or of the timing and duration that the process will
take. The process may stop and/or be extinguished at any stage by either Council, the Minister or the
applicant. The following are the three phases of the planning proposal process.
Phase One – Receipt and Desktop Assessment
Phase 1 commences when an applicant submits a planning proposal along with the phase 1 fee to
Council. This phase involves undertaking a desktop review of the information provided by the
applicant to determine the planning merit and feasibility of the proposal.
Tasks for phase 1 include:
Review of the submitted information.
Records research and investigation of subject land and/or subject proposal.
Review of strategic context for proposal.
Site inspection.
Preliminary consultation with relevant Council staff, (e.g. Traffic Engineer, Landscape Architect,
Ecologist)
 Identification of outstanding information required for the proposal.
 Report to the Development Management Panel (DMP) meeting, which resolves to either:
1. Refuse the proposal (applicant is notified).
2. Support the proposal and recommend that it be referred to the Department of Planning for
gateway determination.
 Report to the Ordinary Meeting of Council (OMC) with DMP recommendations to ascertain initial
support (or otherwise) prior to proceeding to gateway determination.
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Phase Two – Legal Agreement, Planning Proposal, and Additional Information
Phase 2 commences when the applicant has paid the phase 2 fee, and submitted any additional
information required under phase 1 to support the proposal. Phase 2 tasks include:
 Preparation and execution of Legal Agreement by the applicant and Council for fees and charges
to be paid (“initial fee “ and “pay in advance”), including an agreement to pay for additional
studies or other consultancies needed to assess or prepare the planning proposal.
 Preparation of a planning proposal in accordance with s55 of the Environmental Planning and
Assessment Act, 1979 (‘the Act’). Planning proposal preparation must be undertaken in
accordance with the Department of Planning guidelines ‘A Guide to Preparing Planning
Proposals’. This document sets out a 4 part process to determine the validity of the planning
proposal. Matters to be addressed include:
o Objectives or Intended Outcomes
o Explanation of provisions
o Justification for the proposal
o Community Consultation to be undertaken
The planning proposal is the first step in preparing a Local Environmental Plan and may be
subject to change during the gateway determination process.
 Council report regarding the planning proposal presented to Council for resolution.
 Planning proposal with Council recommendations/justification forwarded to the Department of
Planning (Regional Office) for Gateway Determination in accordance with s56(1) of the Act.
 Supply of additional investigations, consultancies, or studies, where necessary and as requested
by the Department of Planning during Gateway Determination (the applicant is notified of the
applicable fees and any additional information requested). Additional information can either be
obtained within Council or by external consultants.
Phase Three – Public Exhibition, Submissions and Finalisation
This phase commences when the applicant has paid the phase 3 fee, and a Gateway Determination has
been made under s56(2) of the Act. Tasks include:
 Undertake consultation with relevant State/Commonwealth Public Authorities as stipulated
under the Gateway Determination.
 Arrange community consultation in accordance with the requirements stipulated by the
Department of Planning under the Gateway Determination. This will generally involve:
o Advertisement.
o Exhibition material.
o Customer Service briefing.
o Public/Precinct meetings/consultation as required.
o Councillor briefing as required.
o Public hearing as required.
o Consideration of submissions.
o Other tasks as required.
 Where significant submissions are received during community consultation, a report detailing
the community feedback will be prepared and presented to Council for resolution.
 Where no significant submissions are received or where these have been addressed, Council
makes a request to the Gateway that a Local Environmental Plan in respect of the planning
proposal be made in accordance with s59 of the Act.
 Local Environmental Plan is Gazetted.
 Council notified of Gazettal and notifies applicant/owners.
Fee Structure
Fees are charged to applicants for receipt and processing of planning proposals based on the
following fee structure:
 Phase 1: Appraisal and Prioritisation – Lodgement fee amount.
 Phase 2: Further Assessment and Planning Proposal Preparation – actual Cost Basis (Initial fee
amount plus “pay in advance” where costs exceed the initial fee amount).
 Phase 3: Public Exhibition, Submissions and Finalisation – actual Cost Basis (Initial fee amount
plus “pay in advance” where costs exceed the initial fee amount).
In addition to staff costs, the applicant will pay for any studies, specialist advice, or consultancies as
required during the LEP amendment process. This may also involve redoing technical studies provided
by the applicant if they have been improperly conducted. Commencement of each phase is contingent
on full payment of all fees in the previous phase, and any associated studies, advice or consultant
engagement.
The initial fee of each phase of the process plus an agreed amount (“pay in advance”) will be paid by
the applicant prior to the next phase commencing. Staff will provide the applicant with a time
allocation record on a quarterly basis. The applicant may need to provide additional “pay in advance”
amounts throughout phases 2 and 3 for more complex planning proposals. Council staff will keep
records of all hours worked and charges and costs associated with the planning proposal for
accounting purposes. Applicants will be required to pay invoices for any payments (“pay in advance” or
studies) within 14 days of receipt to avoid significant delays and ensure continuation of the process.
Should the applicant not pay in accordance with this procedure and the terms of the legal agreement
(including payments for studies, consultancies, etc), staff will notify the applicant that no further work
will be undertaken until the outstanding amount is paid with the timeframe for completing an LEP
stipulated in a Gateway determination.
Fees are adopted by Council annually as part of the fees and charges of Council’s Annual Plan. Please
refer to Council’s current Annual Plan for applicable fees.
This fee structure does not apply to:
 Precinct releases within the Residential Development Strategy. A separate processing procedure
will be negotiated with affected land owners.
 Council initiated planning proposals, except where land owners have agreed in writing in
advance to progress a planning proposal and to pay/share the costs associated with the
planning proposal.
Terminology
 Gateway Determination: A State Government review process whereby the intention and
justification of a planning proposal, including technical studies, is assessed and a determination
on the validity of the planning proposal, including any requirements is made.
 Legal Agreement: In terms of this procedure a legal agreement is a document which is signed
by Council and landowner(s)/applicants setting out terms where the landowner(s)/applicants will
pay for Council’s cost involved in the planning proposal, including any studies/consultancies and
the like necessary for the preparation of the planning proposal or where required by the
Gateway.
 “Pay in Advance”: In terms of this procedure it is an amount of money paid by a applicant(s) to
Council to provide funds for staff resources to work on the planning proposal. It may include,
subject to agreement by the applicant and Council, pre-payment of monies for studies/research
necessary for the planning proposal.
 Planning Proposal: A document that explains the intended effect of a proposed Local
Environmental Plan and sets out the justification for making that plan.
Local Environmental Plan Amendment Process
KEY:
Applicant lodges Planning
Proposal (PP) application
Legislative Requirements
Administered by DoP
PHASE 1
Internal referral, site inspection,
Desktop Assessment
Development Management Panel
(DMP) Report
Council Report
REFUSAL
REFUSAL
End of Process
End of Process
Previously s54(1)
PHASE 2
Prepare PP
Section 55 EP & A Act
Forward PP to GATEWAY
Section 56(1) EP & A Act
Previously s54(4)
Revise PP
GATEWAY determination
Section 56(2) EP & A Act
REFUSAL
End of Process
Previously s62
Consultation with Public
Authorities
Consultation with Community
Section 57 EP & A Act
Determined at s56(2)
Previously s66
Public Hearing s57(5) EP & A Act
determined at s56(2)
(if required)
PHASE 3
Previously s65(1)
Previously s68(1)
Council Report
Drafting of LEP
Section 59(1)
Making of Plan
Section 59(2)
REFUSAL
Advise of Additional
Procedures
Previously
s68(4)/69(1)/s70(1)
LEP Published on website
Note:
This procedure is to be undertaken in conjunction with Council’s adopted Spot Rezoning Request Procedure (to be updated to reflect legislative amendments effective 1 July 2009), including the payment of any fees
and associated funding agreements.