Planning Proposals

What is a Planning Proposal?

A Planning Proposal must be submitted to Council if you wish to make any changes to the statutory documents.

Ku-ring-gai Council's current statutory documents include the:

A Planning Proposal enables a legal town planning process which, when complete, may result in an amendment to the LEP or KPSO changing the zoning and standards of a site or sites, and/or the range of activities permissible on a site.  

Consultation with Council's Urban Planning and Heritage Department through a Pre-Planning Proposal Meeting must be undertaken at the start of the application process to ensure there is no duplication and to enable early advice on your Planning Proposal. At this meeting staff will discuss your proposal and identify key issues for your site and the extent of evidence required to justify your proposal. Written feedback will be provided.

How do I apply?

A Planning Proposal needs to include some very detailed information. To ensure your application is comprehensive Council strongly recommends you employ a qualified town planner to prepare your proposal. Your town planner can advise you about the specialist advice necessary to support your case.

Pre-Planning Proposal Meeting Application

To apply for a Pre-Planning Proposal Meeting, fill in the application form and provide all details and documents stated on that form. Two hard copies and one USB of all documentation are required. The fee is required to be paid on the lodgement of the application.

Below are links to the Application Form and other documents you will need to refer to:

    1.    Application Form to Request a Pre-Planning Proposal Meeting (pdf. 177KB)

    2.    A Guide to Preparing Planning Proposals  - Department of Planning and Environment (pdf. 2MB)

    3.    Checklist Sheet from Department of Planning and Environment.  ‘A Guide to Preparing Planning Proposals’ (pdf. 46KB)

Planning Proposal Application

To submit a Planning Proposal, fill in the application form and provide all details and documents stated on that form. Two hard copies and one USB of all documentation are required.  Additional copies of the above information may be requested if the Planning Proposal needs to be referred to many government authorities. Fees are payable once Council has notified the Applicant by letter that their Application Package is complete.

Below are links to the Application Form and other documents you will need to refer to:

  1. Application Form for a Planning Proposal (pdf. 247KB) (this form gives instructions for preparation of a Planning Proposal)    
  2. Political Donations and Gifts Disclosure Statement (pdf. 540KB)
  3. A Guide to Preparing Planning Proposals – Department of Planning and Environment (pdf. 2MB)
  4. Checklist Sheet from Department of Planning and Environment.  ‘A Guide to Preparing Planning Proposals’ (pdf. 46KB)

How much does it cost?

Pre-Planning Proposal Meeting Application

The fees for a Pre-Planning Proposal Meeting Application covers costs for Council staff advice on your Planning Proposal, and preparation of meeting minutes confirming that advice. Refer to the chart below for charges. Check with Council staff if you are unsure of which fees would apply.

Pre-Planning Proposal Meeting Category

Fee

Major Amendments
Planning Proposal Application seeking amendment/s to an LEP involving sites over 5000sqm in area, or sites with complex planning issues

Mandatory first meeting

$1,200.00

Second and subsequent meetings

$850.00

Non Minor Amendments
Planning Proposal Application seeking amendment/s to an LEP involving sites less than 5000sqm in area or multiple lots, or mapping changes

Mandatory first meeting

$1,200.00

Second and subsequent meetings

$850.00

Minor Amendments
Pre-Planning Proposal Meeting Application seeking amendment/s to an LEP including adding/removing a heritage item, or changing the wording of a clause, or adding/removing a use to a zoning table that does not require complex assessment or mapping changes

Mandatory first meeting

$525.00

 Note: The above charges are for 2018/19. Click here to view the latest charges on Council’s website.

 

Planning Proposal Application

The fees for a Planning Proposal Application covers assessment, reporting, community notifications, State Agency consultation, documentation for the Department of Planning and Environment, review of submissions and progression of the Planning Proposal to finalisation. Refer to the chart below for charges. Check with Council staff if you are unsure of which fees would apply.

Fees for a Planning Proposal application will be requested by Council in a letter acknowledging that the Planning Proposal application has included all documentation required for formal assessment to commence. The Fee Submission Form is to be submitted with fee payment:

Fee Submission Form (pdf. 175KB)

Advertising fees are to be paid separately and will be requested if Gateway Determination enables the exhibition of the Planning Proposal.

 

Planning Proposal Applications  Fee

Major Amendments: Planning Proposal Application seeking amendment/s to an LEP involving sites

over 5000sqm in area, or sites with complex planning issues. 

$59,000.00 plus advertising costs

Non Minor Amendments: Planning Proposal Application seeking amendment/s to an LEP involving

sites less than 5000sqm in area or multiple lots, or mapping changes. 

$28,000.00 plus advertising costs 

Minor Amendments: Planning Proposal Application seeking amendment to an LEP involving

amendment/s including adding or removing a heritage item, or changing the wording of a clause,

or adding or removing a use to a zoning table that does not require complex assessment or mapping changes. 

$12,000.00 plus advertising costs

 

Reclassification of public land  $20,000.00 plus Public Hearing and advertising costs 
All Planning Proposal Applications are subject to advertising costs payable upon Gateway Determination approval.  $3,755.00
Where an Application results in additional assessment or review of the Planning Proposal at any stage of the process, an hourly rate will be charged for extra work undertaken by council staff.  $200.00 per hour
Note: The above charges are for 2018/19. Click here to view the latest charges on Council's website.

Key steps and information

The key steps for a Planning Proposal are as follows:

  1. A Pre-Planning Proposal Meeting is to be requested with Council Staff to discuss the proposal prior to its preparation. Documents required with your application for a meeting are outlined on the Pre-Planning Proposal Meeting Application Form. The Information Checklist sheet from the Department of Planning and Environment’s "A guide to preparing planning proposal's" must be included with the application documents.
  2. The Planning Proposal must be prepared to comply with the Department of Planning's and Environment's "A guide to preparing planning proposal's".
  3. The Planning Proposal Application is to be submitted to the Relevant Planning Authority (RPA). The RPA will usually be Council for matters under the KPSO (Local Centres) 2012 and the KLEP 2015.
  4. The RPA considers whether to proceed with the Planning Proposal. The RPA is responsible for the Planning Proposal and must be satisfied and prepared to forward it to the Minister, Department of Planning and Environment for the Gateway process (refer to s.3.34) of the Environmental Planning and Assessment Act 1979).
  5. If forwarded, the Planning Proposal is assessed by the Department of Planning and Environment.
  6. A Gateway Determination is issued by the Minister for Planning (or delegate), deciding whether the Planning Proposal is to proceed and, if so, in what circumstances.
  7. If approved, the Director General of the Department of Planning and Environment approves the Planning Proposal for community consultation.
  8. Following Gateway Determination Council will exhibit the draft Planning Proposal. The public has an opportunity to view the Planning Proposal and comment on its content. Council will place an advertisement in the newspaper advising the community of the exhibition and notify in writing those residents and property owners it considers may be affected by the proposal.
  9. Additional studies may be carried out as required by the Gateway Determination.
  10. Consultation with State/Commonwealth Public Authorities is carried out as required by the Gateway Determination.
  11. Public exhibition of the Planning Proposal for a period in accordance with the Gateway Determination is carried out.
  12. A Public Hearing is conducted if required.
  13. Following exhibition, the RPA considers community and agency submissions. If adopted, the RPA prepares a final Planning Proposal to forward to Department of Planning and Environment. If the RPA seeks major changes to the Planning Proposal, an application for another Gateway may need to be made.  The RPA can at this stage decide against proceeding with the Planning Proposal Application
  14. The final Planning Proposal is assessed by the Department of Planning and Environment and, if approved, arranges the legal instrument in consultation with RPA. In some cases the RPA may be given delegated authority to process the Planning Proposal.
  15. A Local Environmental Plan is made by the Department of Planning and Environment, incorporating the requirements of the Planning Proposal.

Reviews of decisions

In the interests of fairness and accountability, two review mechanisms were introduced in October 2012, and revised in August 2016, by the Department of Planning and Environment in relation to the Gateway process. These mechanisms allow an independent body to reconsider some decisions by Councils and the Department.

Reviews lodged prior to September 2016;

  1. Pre-Gateway reviews: may be requested by a proponent if a Council has not supported, or not made a decision within 90 days, on a Planning Proposal. These reviews are informed by advice from Joint Regional Planning Panels.
  2. Gateway reviews: may be requested by a Council or applicant (proponent) following a Gateway Determination by the Department, but before community consultation on the proposal has commenced. These reviews are informed by advice from the Planning Assessment Commission (PAC).

Reviews lodged from 1 September 2016;

  1. Rezoning reviews: may be requested by an applicant (proponent) before a Planning Proposal has been submitted to the Department for a Gateway Determination, if a Council has not supported a Planning Proposal; or failed to indicate support 90 days after the proponent submitted a request; or has failed to submit a Planning Proposal for a Gateway Determination within a reasonable time after indicating its support. These reviews are carried out independently by a Planning Panel.

  2. Gateway reviews: may be requested by a Council or applicant (proponent) following a Gateway Determination. These reviews are informed by advice from the Greater Sydney Commission for proposals that relate to land within the Greater Sydney Region.

Refer to the Department of Planning and Environment’s website for all Gateway review information