Planning Proposals

What is a planning proposal?

To make any changes to a Local Environmental Plan (LEP) or the Ku-ring-gai Planning Scheme Ordinance (KPSO), a Planning Proposal must first be submitted to Council.

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

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

 Click here to identify which statutory document applies to your site.

Consultation with Council's Urban Planning and Heritage Department through a Pre-Planning Proposal Meeting should 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 the merits of the proposal and identify any aspects that do not comply. Written feedback will be given.

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 whether other specialist advice may be necessary.

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 CD 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. 87KB)

    2.    A Guide to Preparing Planning Proposals  - Department of Planning and Environment

    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 CD of all documentation are required.  Additional copies of the above information may be required if the Planning Proposal needs to be referred to many government authorities.  Fees are requested once Council has notified the Applicant 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. 143KB) (this form gives instructions for preparation of a Planning Proposal)
  2. Fee submission form  (pdf. 112KB)
  3. Political Donations and Gifts Disclosure Statement  (pdf. 98KB)
  4. A Guide to Preparing Planning Proposals – Department of Planning and Environment
  5. 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 costs for a Pre-Planning Proposal Meeting Application include fees 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 Application Fee 

Major Amendments or Non Minor Amendments: Pre-Planning Proposal Meeting Application to discuss proposals seeking amendment/s to an LEP involving sites over 5000sqm in area, or sites with complex planning issues.

$1,000.00 

Minor Amendments: Pre-Planning Proposal Meeting Application to discuss proposals seeking amendment/s 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.

$500.00 

 Note:

  1. A follow up Pre-Planning Proposal Meeting will incur a fee of 30% of the original Pre Planning Proposal Meeting application fee.
  2. The above charges are for 2015/16. For the latest charges view Council’s website www.kmc.nsw.gov.au.

Planning Proposal Application

The cost for a Planning Proposal Application includes fees for advertising, community notification, preparation of any necessary Development Control Plan preparation of documents for the Department of Planning and Environment exhibition and 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.

There is no refund of fees for an unsuccessful Planning Proposal. A partial refund may be available if the application is withdrawn before Council makes a decision on whether to proceed with the proposal prior to any progress towards a Gateway Determination, or if Council decides against sending the proposal to the Department of Planning and Environment.

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.

$55,000.00 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.

$10,000.00 plus advertising costs

All Planning Proposal Applications are subject to advertising costs payable upon Gateway Determination approval.

$3,500.00 

Where an Application results in additional assessment or review of the Planning Proposal, an hourly rate will be charged for extra work undertaken.

 

$165.00 per hour

Note:

  1. For the above fees if the amendment or rezoning does not proceed past the Gateway Determination (Section 56 EPA Act) a refund up to 30% may apply on request by applicant.
  2. The above charges are for 2015/16. For the latest charges view Council’s website www.kmc.nsw.gov.au.

Key steps and information

The key steps for a Planning Proposal are as follows:

  1. A Pre-Planning Proposal Meeting can 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 Application Form to request a Pre-Planning Proposal Meeting, and includes the Information Checklist sheet from the Department of Planning and Environment’s "A Guide to Preparing Planning Proposals".
  2. The Planning Proposal must be prepared to comply with the Department of Planning's and Environment's "A Guide to Preparing Planning Proposals".
  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. 56(1) 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 resolves to exhibit a draft Planning Proposal where the public has an opportunity to view the Planning Proposal 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 considers may be affected by the proposal.
  9. Additional studies are 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. 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 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 by the Department of Planning and Environment in relation to the gateway process. These mechanisms allow an independent body to review some decisions by Councils and the Department. In particular:

  1. Pre-Gateway reviews: which 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: which may be requested by a Council or 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).

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