Building and Development 
 

Rezoning Land

A rezoning is a legal town planning process which, when complete, alters the range of activities permissible on a site. This may increase or decrease the range of permissible uses for the property. The costs for an application to rezone land can be found in the council's Fees and Charges document and include fees for advertising, resident notification and preparation of any necessary development control plan). You may also check with council staff if you are unsure which fees would apply.

Please check with staff for current fees as these are updated regularly.

The key steps in considering a  rezoning application (20KB) are:

• Preliminary exhibition of the proposal.       
• Analysis of any submissions and a Report to Council on the rezoning proposal.       
• Decision by Council as to whether to proceed with exhibition of draft LEP.       
• Public exhibition of draft LEP (28 days) and notification of relevant authorities.       
• Report back to Council regarding results of exhibition, submissions etc, for resolution on whether to proceed with rezoning.       
• Report to DUAP requesting LEP be made.       
• Signature of plan by Minister and Governor.       
• Gazettal

The NSW Department of Planning has recently issued a circular on  spot rezoning (42KB) for guidance.

Presently there is no right of appeal against Council's decision on the merits of rezoning and there is no refund of fees for an unsuccessful rezoning. A partial refund may be available if the application is withdrawn before Council makes a decision on it or if Council resolves not to exhibit a draft LEP for the rezoning/amendment.

The first thing when starting a rezoning application is to talk to a town planner in Council's Planning and Environment Department. These officers will advise whether your application is likely to be supported by staff when a recommendation is presented to the Councillors. (Staff are generally available during office hours, but for important or complex proposals it is better to make an appointment by ringing 9424 0000).

Your application to rezone a property must include six copies of the following information:

• The written consent of the owner of the property you wish to rezone.
• Details of the property (including address, lot and Deposited Plan number);
• A plan of the property drawn to scale;
• Details of any activities you wish to carry out on the property if it was rezoned;
• Details of the use of surrounding properties and how your rezoning proposal might affect these properties including issues such as traffic, noise, privacy etc);
• What impact, if any, the loss of existing use of the site will have on the Local Government Area;
• An analysis of how the rezoning would comply with any relevant aims and objectives contained in the Ku-ring-gai Planning Scheme Ordinance and any other relevant Development Control Plan (such as those for Residential Development, Car Parking etc) - these plans are available from Council;

OR

If rezoning would be inconsistent with the aims and objectives contained in these plans, why you believe the aims should be varied or why they are inadequate:

• Details of any substantial public benefit that would result from your proposal (examples of this might include a corner store in a residential area where these is no shopping centre for several kilometres or a private recreation complex such as swimming pools or tennis courts in an area where there are no such facilities);
• A concept plan showing how the site might be redeveloped if the zoning was successful (plan at a scale suited to the nature of the proposal).
• Details of whether the site was ever used for industrial, agricultural or defence purposes and whether the site may contain contamination.
• Related necessary information (for example in some instances traffic studies, commercial/retail viability analysis, ecological assessments for threatened species, noise analysis);
• The fee (this is subject to change annually and you should check with Council before you lodge your application);
• The completed application form;
• Additional copies of the above information may be required if rezoning needs to be referred to many government authorities.

Rezoning or more correctly amendment of Council's Planning Scheme Ordinance, is an action under the Environmental Planning and Assessment Act, and must be carried out in accordance with that Act. Council planners or your planning consultant will attend to these matters.

After receiving any rezoning application Council exhibits the proposal and advises affected residents. The community may make written submissions during this exhibition period. If the Council resolves to exhibit a draft local environmental plan, the public has another opportunity to view the plan 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 feels may be affected by the draft plan. Council must take into consideration submissions from the public when it makes a decision whether or not to proceed with the rezoning.

A rezoning application has "substantial public benefit" if:

• When compared to any of the range of activities presently permitted on the site, the proposal will result in an improved physical, social and economic environment not only for the subject site but for its surrounds and Ku-ring-gai as a whole: and
• the application satisfies Council's rezoning application assessment criteria (detailed below).

Council considers the following matters when it determines your rezoning application:

• the Objects of the Environmental Planning and Assessment Act;
• the relevant heads of consideration for development applications (as detailed under Section 79c of the EP& A Act;
• any relevant State or regional environmental policies, circulars or Ministerial directions;
• the relevant visions, mission statements, aims and outcomes contained in the Ku-ring-gai Planning Scheme Ordinance;
• the objective of any relevant Development Control Plan;
• any relevant non-statutory planning document adopted or exhibited by Council (eg strategic plans, Codes, concept plans and the like);
• whether site contamination may restrict rezoning of the property;
• any cumulative impact that may result across the city as a result of the application being followed by other applications;
• any relevant experience with similar proposals or circumstances applying to other LGA's.

Assessment of the application must also include an appraisal of any other alternative zoning for the site that may be appropriate (ie other than the current zone or the zone being proposed).

In determining the application, Council must take into consideration any submissions from the public, the response of any authority to which the matter was referred and the advice of other Divisions within Council.

The application must also demonstrate the substantial public benefit arising from the proposal.

A rezoning application 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. Town Planners are listed under "Town and Regional Planning" in the Yellow Pages. Your town planner will advise you whether other specialist advise may be necessary.

Council considers rezoning applications every month. If you intend to lodge an application it must be submitted (with all information) 1 ½ months before the first day of that month (this time is to permit staff to thoroughly consider and report on your application). A longer "lead time" may be required if it is considered necessary to advertise your proposal prior to presentation of a report to Council.