Planning proposal and amending planning controls checklist
1. Planning proposals
1.1. Identify the need
- Determine if your development project doesn’t comply with existing planning controls in SEPPs, LEPs, or DCPs.
1.2. Engage with the local council
- Initiate discussions with your local Council to explore potential planning changes.
1.3. Planning proposal consideration
- If required, consider submitting a formal “planning proposal” for changes, either as a private proponent or through the Council.
1.4. Understand relevant authority
- Know the authority responsible for processing planning proposals, including the local Council, the Planning Secretary, or a planning panel.
1.5. Hybrid state and local process
- Recognize that planning proposals involve both state and local government processes due to legal requirements.
1.6. Collaborate with council
- Work closely with your local Council, which may have specific procedures for planning proposals.
1.7. Council-initiated proposals
- Be aware that Councils themselves may initiate planning proposals for various reasons.
1.8. Formal application submission
- Submit a formal planning proposal application to the relevant authority, usually including an application fee and specific information requirements.
1.9. Key information inclusion
- Ensure your planning proposal includes:
- Objectives or intended outcomes.
- Explanation of proposed changes.
- Justification for changes and alignment with local planning strategies.
- Relevant maps, if applicable.
- Details of planned community consultations.
1.10. Responsibility for proposal
- Depending on the situation, you or the Council may prepare the required information for the proposal.
1.11. Gateway determination
- Understand that a planning proposal proceeds to a “gateway determination” stage after preparation.
1.12. Community consultation
- Prepare for a community consultation period. Usually at least 28 days, but can vary.
1.13. Adjust proposal based on feedback
- Be prepared to modify your proposal based on feedback from community consultation or other reasons.
1.14. Revised gateway determination
- Further community consultation may be required if directed by the Minister under a revised gateway determination.
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2. Amending a development control plan (DCP)
2.1. Assess the need for DCP amendments
- Consider amending a DCP if your project requires specific and detailed controls not typically found in environmental planning instruments.
2.2. Collaborate with council for DCP changes
- Discuss the proposed DCP amendments with the local Council, which often has the authority to amend DCPs.
2.3. Formal application for DCP amendments
- If the Council accepts your proposal, they may request a formal application for DCP amendments.
2.4. Council review and adoption
- The Council will review the proposed DCP amendments and resolve to formally adopt them, with or without them.
2.5. Public notification period
- Be aware that there is typically a mandated 28-day public notification period for DCP amendments under the EP&A Act.
2.6. Alternative approach with “concept development application”
- You can also amend a DCP by lodging a “concept development application.”
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3. Site compatibility certificates
3.1. Recognize the role of site compatibility certificates
- Understand that site compatibility certificates allow specific developments not permitted under zoning with consent, subject to obtaining a certificate from the Department of Planning, Industry and Environment.
3.2. Follow SEPP-specific processes
- Note that the process for obtaining site compatibility certificates is outlined in SEPPs and may vary between them.
3.3. Lodge application
- Prepare and lodge an application with the Department of Planning, Industry and Environment, following the specified forms, required documents, and application fee.
3.4. Council consultation
- The Department may notify the local Council and seek their comments on your application.
3.5. Certificate issuance
- Understand that the certificate does not guarantee approval of a Development Application but provides an alternative route for certain developments.
3.6. Rare but practical
- Acknowledge that applications for site compatibility certificates are relatively rare but can be practical, particularly for specific developments, such as Seniors SEPP developments on rural land adjoining urban areas.
