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Planning Proposals

Planning Proposals

Current and determined planning proposals

The following table contains links to planning proposals that are currently in progress or have been assessed and determined by the Department of Planning and Infrastructure.  Each link provides a summary of the proposal, resolutions of Council and an update of the current status.
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Comments
PP-10-2011
Planning Proposal to Amend Anomalies within the Auburn LEP 2010.
PP-1-2010
Proposal to rezone land at Amy, Smith and Mauder Streets Regents Park to R4 High Density Residential to allow construction of residential flat buildings
PP-2-2010
Proposal to rezone land and increase development standards at 1A/1B Queen Street, Auburn.
PP-3-2010
Increased floor space ratio for certain land zoned B4 Mixed Use and R4 in the Auburn local government area
PP-1-2011
Reclassification of Council owned land at Byrne, Belgium and Fraser Streets, Auburn.
PP-2-2011
Increase development standards in the Auburn and Lidcombe Town Centres to a maximum building height of 57 metres and a maximum floor space ratio of 8.8:1.

 What is a planning proposal?

A planning proposal is a document which explains and justifies an intended change to the Auburn Local Environmental Plan (LEP) 2010, such as rezoning of land or changes to principle development controls.  LEPs are legal planning instruments used to direct development in an area. An LEP sets out land use zones and specifies standards to control development such as maximum height of buildings, minimum lot sizes or density of new development. 

The planning proposal sets out exactly what the proposed change is (such as new zoning) as well as providing detailed reasoning and strategic justification to illustrate why the LEP needs to be amended.  Planning proposals to amend LEPs are a requirement of the new LEP making process introduced by the NSW Government in 2009.  

 Who can initiate a change to an LEP?

Changes to a LEP (via planning proposals) can only be initiated by the Council or the Minister for Planning.   Council must first agree with the merits of a planning proposal before agreeing to amend the LEP. If an individual or company wishes to propose a change to the LEP (for example a change to the zoning of a parcel of land) this must be done through Council. If Council determines that the planning proposal has merit, it will be formally supported and forwarded to the Department for assessment.  If Council resolves not to support the proposal, the process stops at this point.

Who assesses planning proposals?

Planning proposals are assessed by the NSW Department of Planning and Infrastructure (“the Department”), with the Minister (or delegate) making the final determination.  The Department's process of determining proposals is called the Gateway.  At the Gateway, the planning proposal may be approved, approved with conditions or refused.   Conditions of approval may require the completion of supporting technical studies, consultation with the community and key government agencies and resubmission of a revised planning proposal within a stipluted timeframe.
 
Prior to the planning proposal being forwarded to the Department for formal assessment under the Gateway, the proposal is assessed by Council officers.  This assessment, along with the planning proposal and additonal studies etc, is reported to Council for a decision on whether or not the proposal will be supported.

What must planning proposals contain?

Guidelines on planning proposals

The Department has published detailed guidelines for planning proposals and the LEP making gateway process.  These guidelines, entitled “Guide to preparing Local Environmental Plans” and “Guide to preparing Planning Proposals”, are available on the Department’s website via the link below:
 

Structure of the planning proposal

The main parts of a planning proposal are:
 
Part 1 - Objectives or intended outcomes
Part 2 - Explanation of provisions
Part 3 - Justification, which includes:
  • The need for the planning proposal - Net community benefit test
  • Relationship to strategic framework - Consistent with regional and subregional strategies, legislation and Council policies
  • Economic, social and environmental impact
  • State and Commonwealth interests
Part 4 - Community consultation

What justification is required to substantiate a planning proposal?

Net community benefit

Responses to the Net Community Benefit Test from the Draft Centres Policy – Planning for Retail and Commercial Development (NSW Department of Planning, Consultation Draft April, 2009) should be provided and substantiated.
  • If any question within the Net Community Benefit Test is not considered relevant, the reason why the question is not relevant must be briefly explained.

  • Proponents should contact Council for information on other proposals and approvals in the locality so that discussion on the cumulative effects of proximate development can be discussed in the planning proposal.

  • Employment lands are described in the West Central Subregion Draft Subregional Strategy.  In 2008, Council commissioned an Employment Lands Study (ELS) to inform preparation of the Auburn LEP 2010.  These are the primary reference documents for all industrial zoned land in the Auburn local government area (LGA).   For commercial and retail development in the Auburn Town Centre, and within the Auburn LGA, the Auburn Town Centre Planning Controls and Development Feasibility Study (AES, 2008) is the most current study undertaken. Contact Council's Strategy Unit for access to these studies. 

Relationship to strategic framework

Regional and subregional plans, and Council plans and policies must form part of the justification for the planning proposal.
  • The planning proposal must demonstrate consistency with Council’s strategic planning for the area. Any recent studies, planning analysis or council resolutions which affect the future of the subject land should be taken into consideration. Contact Council for specific studies that may be relevant.

  • Justification for compatibility with strategic direction in the area must be made against current State, regional, subregional and Auburn City Council plans and policies, not merely on design merit or a solely localised perspective. 

  • The Metropolitan Plan for Sydney 2036 supersedes the Metropolitan ‘City of Cities’ Strategy.

  • The West Central Subregion Draft Subregional Strategy remains the current subregional strategy applying to the Auburn LGA.

  • Consistency with State Environmental Planning Policies (SEPPs or SREPs/deemed SEPPs) that are relevant to the planning proposal must be identified and the relationship of the planning proposal with those SEPPs must be discussed. Each planning proposal must identify which Section 117 Directions are relevant to the proposal, and whether the proposal is consistent with the Direction. 

  • Inserting the word “consistent” when responding to SEPPs and s.117 Directions is not adequate. A brief statement that describes the consistency must be provided. Where the planning proposal is inconsistent with SEPPs or relevant Directions, those inconsistencies must be specifically justified in the planning proposal.

  • Employment lands are described in the West Central Subregion Draft Subregional Strategy.  In 2008, Council commissioned the Draft Final Employment Lands Study (ELS) to inform preparation of the Auburn LEP 2010. 
  • Justification for the planning proposal should include discussion on how the proposal aligns with the consultation outcomes that influenced the development of the Auburn City Community Strategic Plan (CSP). Contact Council's Strategy Unit for specific information about the CSP's consultation outcomes. 

Environmental, Social and Economic Impact

  • Generally, technical studies or investigations are not carried out prior to the planning proposal being supported by Council or by the Department. Instead, the issues giving rise to the need for these studies or investigations should be identified in the planning proposal. The initial gateway determination will then confirm the studies or investigations required and the process for continuing the assessment of the proposal, including whether it will need to be resubmitted following completion of the studies or investigations.

  • In the instance where technical studies or investigations are carried out prior to submitting the planning proposal, the findings and consequences must be described under the relevant heading in the justification. The complete study or investigation is submitted separately with the planning proposal and made available during community consultation and consultation with public authorities.

  • Environmental and social impact includes effects on items or places of European or aboriginal cultural heritage not addressed elsewhere in the proposal.  Contact Council for detailed heritage assessment sheets of specific heritage items listed in Schedule 5 of the Auburn Local Environmental Plan 2010.  

What consultation must be undertaken?

The proponent must contact Council for specific consultation and exhibition requirements for each planning proposal.

State and Commonwealth public authorities

Refer to page 9 of the Department’s "Guide to preparing Local Environmental Plans". Consultation with public authorities is typically completed after receiving gateway determination to proceed.  The gateway determination will identify the State and Commonwealth Public Authorities to be consulted.

Auburn City Council’s additional requirement for consultation and notification

On page 13 of the Department’s "Guide to preparing Local Environmental Plans" there is a flow chart to illustrate the process involving the relevant local authority (Council) and the Department.  Auburn City Council has added an additional step to this process by requiring a round of preliminary community consultation and notification to be undertaken immediately after the planning proposal is submitted to Council. 

Planning proposals submitted to Council will be required to be publicly notified and exhibited on Council‘s website, similar to procedures applying to development applications. Consultation and notification will be undertaken according to the relative impact of the proposed development, as determined by Council planning officers. A planning proposal will be categorised as one of three (3) types:
  • Minimal impact – exhibited for minimum 14 days;
  • Moderate impact – exhibited for minimum 28 days; or
  • Significant impact – exhibited for minimum 28 days
The planning proposal is required to be notified immediately after being submitted to Council. The range of consultation and notification a planning proposal may be required to undertake will include some or all of the following, depending on its relative impact (minimal; moderate; significant):
  • The planning proposal and all supporting documentation made publicly available on Council‘s website. 
  • Notification to owners of land immediately adjacent to land affected by planning proposal, or in a localised area surrounding the affected land or in a broad catchment area as determined by Council planning officers.
  • Public exhibition of the planning proposal for a minimum of 14 or 28 days.
  • Public notice(s) in the Auburn Pictorial Review.
  • Councillor workshop/presentation.
  • Information session at discretion of Council.
  • Other as required by Council.
A planning proposal will only be recommended for presentation to Council (for a decision on whether to proceed to the gateway) after preliminary notification and communication requirements have been met.
 
This requirement was introduced via a resolution of Council made in September, 2011.
Refer to Item 246/11 of the Business Paper and Minutes for the Council Meeting held September 21, 2011. 

What else must planning proposals include or consider?

Supporting technical studies, concept diagrams and preliminary plans

All supporting technical studies for the preliminary and revised version(s) of the planning proposal must be publicly exhibited with the planning proposal.  As per the Department’s guidelines, some technical studies may be undertaken after receipt of the gateway determination and are not required at the time the planning proposal is submitted to Council.
 

All concept diagrams, “artist impression” illustrations or site plans included with the planning proposal must be shown to scale. This is to ensure responsible and transparent communication of the proposal to the public, and correctly informed decision making.

Fees and charges

Refer to the Auburn City Council Schedule of Fees and Charges 2011/2012  (page 19 for Strategy).
 

The current fee for preparation of a draft LEP (planning proposals) is $17,732 (inc. GST). The fee is non-refundable and payable on submission of the planning proposal to Council. 

There is a fee of $12, 584 (inc. GST) for preparation of a Development Control Plan to support the LEP amendment.

Additonal fees may apply for notification of proposals, technical advice provided by Council officers or other.  Applicants will be advised of required fees prior to lodgement. 

Forms

The following forms must be correctly completed, signed and submitted with the Planning Proposal.
 
Application Form - Planning Proposal
Checklist - Planning Proposal

Who can I contact for more information?

Please contact Council’s Strategy Unit on 9735 1222.  All proponents are encouraged to liaise with Council on the planning proposal as soon as possible in the concept and preliminary design phase.
 
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