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Planning Proposals

Planning Proposals

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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.

 

 Current and determined planning proposals

  
Comments
PP-2-2016
Application for a Planning Proposal for land appling to 2 Bachell Avenue, Lidcombe
PP-1-2016
Planning Proposal application to permit additional uses at 67-73 St Hilliers Road, Auburn.
PP-5-2015
 300 Manchester Road, Auburn Planning Proposal
PP-4-2015
Application for a Planning Proposal for land applying to 41 Auburn Road, Auburn. 
PP-1-2015
Planning Proposal to Reclassify Land at Lot 22 Eric Crescent, Lidcombe  
PP-4-2012
Planning Proposal  to rezone land, amend principal develpment standards and inclusion of open space for land located north of Simpson Street, Auburn.
 
PP-4-2014
Planning Proposal to rezone certain land and amend principal development controls applying to Berala Village, Berala.
PP-1-2014
Revised Proposal to amend the zoning, land uses, floor space ratio and building heights permitted on land bound by Parramatta Road, Rawson Street, Highgate Street and Hampstead Road Auburn.
Planning Proposals with the Joint Regional Planning Panel (JRPP)
  
Comments
PP-2-2010
Proposal to rezone land and increase development standards at 1A/1B Queen Street, Auburn.
PP-1-2013
JRPP - Planning Proposal to rezone land at Amy Street from R2 Low Density Residential to R4 High Density Residential and RE1 Public Recreation

Made planning proposals

  
Comments
PP-5-2014
MADE as Auburn LEP 2010 Amendment No 15 on 5 December 2014 – Planning Proposal for land at Alice, Queen and Mary Streets and Park Road, Auburn, to rectify a mapping anomaly of Auburn LEP 2010.
PP-4-2013
MADE as Auburn LEP 2010 Amendment No 12 on 1 August 2014 - Proposal to rezone land and increase development standards for land at Main Avenue, Lidcombe (Lot 4 DP 270668) -  Botanica
PP-3-2010
MADE as Auburn LEP 2010 Amendment No 8 on 11 April 2014 -Increased floor space ratio for certain land zoned B4 Mixed Use and R4 in the Auburn local government area
PP-3-2012
MADE as Auburn LEP 2010 Amendment No 10 on 29 November 2013 - Application for a Planning Proposal at Main Avenue (Lot 802 DP 1150164), Botanica in Lidcombe
PP-1-2012
MADE as Auburn LEP 2010 Amendment No 9 on 26 August 2013 - Planning Proposal to Amend Auburn LEP 2010, clause 6.6 and clause 4.1(4) relating to Strata and Community Title Subdivision.
PP-9-2011
MADE as Auburn LEP 2010 Amendment No 5 on 22 March 2013 - Planning Proposal to rezone land at  33- 43 Cumberland Road, Auburn from RE1 Public Recreation zone to R2 Low Density Residential zone
PP-10-2011
MADE as Auburn LEP 2010 Amendment No 4 on 22 February 2013 - Planning Proposal to Amend Anomalies within the Auburn LEP 2010.
PP-1-2011
MADE as Auburn LEP 2010 Amendment No 3 on 3 August 2012 - Reclassification of Council owned land at Byrne, Belgium and Fraser Streets, Auburn.
PP-2-2014
MADE as Auburn LEP 2010 Amendment No.19 on 3 July 2015 -Planning Proposal Application for 265 Parramatta Road Auburn (Homemaker Megamall)
PP-3-2014
Made-Marsden Street Precinct - Planning Proposal to rezone land and amend planning controls for certain land bounded by Railway, East, James and Mark Streets, Lidcombe

Closed and withdrawn planning proposals

  
Comments
PP-2-2011
FILE CLOSED - 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.
PP-1-2010
FILE CLOSED - 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-5-2012
Closed as Auburn LEP 2010 Amendment No 7 on 17 May 2013 - Planning proposal (Council initiated) applying to land at Jenkins St and Park Rd Regents Park
PP-5-2011
File Closed - Planning proposal to rezone and increase the density of land at Auburn Road and Susan Street Auburn
PP-2-2013
Replaced by PP-8/2013. Planning Proposal to amend zoning, floor space ratio and height controls applying to land at 2-10 Jenkins Street & 344-362 Park Road, Regents Park.
PP-5-2013
FILE CLOSED: Planning Proposal Application to rezone land at 1-17 Grey Street and 32-48 Silverwater Road, Silverwater from B6 Enterprise Corridor zone to B4 Mixed Use zone.

PP-7-2013
Closed Planning Proposal to rezone land at 21-23 James Street and 15 Raphael Street, Lidcombe from IN2 Industrial to R4 High Density Residential and to amend the Height of Building and Floor Space Ratio Controls
PP-8-2013
Closed - Planning Proposal application to rezone land at 2-10 Jenkins Street and 344-362 Park Road, Regents Park from IN2 Light Industrial to R4 High Density Residential.
PP-3-2013
Closed: Planning Proposal to rezone land at Auburn Road and Susan Street (between Beatrice and Helena Street), Auburn.
PP-6-2014
Closed Lidcombe Bowling Club Planning Proposal
PP-2-2012
Closed. Application for a planning proposal at Jenkins Street and Park Road, Regents Park.
PP-3-2015
WITHDRAWN - Planning Proposal relating to land at 1-17 Grey Street and 32-48 Silverwater Road, Silverwater.

 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 of Planning and Environment ("the department") for assessment.  If Council resolves not to support the proposal, the process stops at that point.

Who assesses planning proposals?

Planning proposals are assessed by the NSW Department of Planning and Environment (“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 stipulated 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 are entitled "A guide to preparing local environmental plans" and "A guide to preparing planning proposals".

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 is preferred
  • 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 - Mapping , which includes indicative 'current' and 'proposed' maps showing land zoning, height of buildings, floor space ratio for land affected by the planning proposal.
 
Part 5 - Community consultation
 
Refer section 2 of " A guide to preparing planning proposals" for more information.
 

What justification is required to substantiate a planning proposal?

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 "A Plan for Growing Sydney" supersedes the Metropolitan Plan for Sydney 2036.
  • The West Central Subregion Draft Subregional Strategy remains the current subregional strategy applying to the Auburn LGA.

  • Consistency with State Environmental Planning Policies (SEPPs) and State Regional Environmental Plans (deemed SEPPs/ SREPs) that are relevant to the planning proposal must be identified and the consistency  of the planning proposal with those SEPPs and deemed SEPPs must be discussed with reasons where applicable. 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 2015, Council endorsed the commissioned Auburn Employment Lands Strategy 2015 (ELS) to inform future LEP reviews.  
  • 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. 

For Centres: 

  • 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.

 

Refer page 12, section B of the "A guide to preparing planning proposals" for more information.

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.  

 

Refer page 14, section C of the "A guide to preparing planning proposals" for more information.

 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 section D, page 15 of the department’s "A guide to preparing planning proposals". 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. However, any preliminary views of any State or Commonwealth agency obtained by the Proponent in relation to the planning proposal prior to its submission to Council should be included if necessary.

Auburn City Council’s additional requirement for consultation and notification

On page 30 of the Department’s "A 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 Cumberland Council's Schedule of Fees & Charges 2016/2017.
 
The current fee for assessment of a planning proposal application is:
  • $11,592 (inc. GST)  Minor planning proposal request.

 As determined by Council - generally uncomplicated involving a site less than 1,000m2 and adopting same or adjoining zones; and minor change to controls.

  • $22,286 (inc.GST) Standard planning proposal request.

As determined by Council - generally low complexity involving: a site between 1,000m2 and 5,000m2, and change within the same zone type; and relatively minor change to controls.

  • $44,608 (inc. GST) Major planning proposal request. 

As determined by Council - all other planning proposal requests that are not determined to be 'minor', 'standard' or 'major significant'.

  • $92,736.00 (inc. GST) Major Significant planning proposal request.

As determined by Council - generally high complexity involving; a site over 1 Ha; and change from one zone type to another - e.g. industrial to residential or very major change to controls.


The current fee for the lodgement of revised or amended applicant initiated planning proposal is a maximum of 60% of original planning proposal assessment fee, or charges as determined by Manager Strategy*.
 
*Executive Manager Planning or Manager Strategy have discretion to charge a reduced fee if amendments are determined as minor.

The fee is non-refundable and payable on submission of the application to Council. The fee pays for Council’s thorough assessment of the application and community consultation in accordance with Council’s Communication Plan for Planning Proposals.
 
There is a fee of $14,400 (inc. GST) for preparation of a site specific Development Control Plan to support the planning proposal, if required.
 
Additional fees may apply for pre-lodgement consultation/s, Post-gateway advertising and processing, technical advice provided by Council officers or other matters. Applicants are advised to refer to the Schedule of Fees & Charges 16/17
 
The following forms must be correctly completed, signed and submitted with the Planning Proposal.
 

 Who can I contact for more information?

Please contact Council’s Strategy Unit on 9735 1222 with regards to preparing a planning proposal or to have a pre-lodgement meeting. All proponents are strongly encouraged to liaise with Council on the planning proposal as soon as possible in the concept and preliminary design phase for a pre-lodgement meeting with Council's Strategy Unit prior to formally lodging a Planning Proposal with Council. 
 
Benefits of a pre-lodgement meeting with Council
 
A pre-lodgement meeting with Council enables the Proponent to:
 
  • Discuss and resolve any critical issues pertaining to the planning proposal;
  • Clarify matters which may not be clear to the Proponent in relation to a planning proposal’s content such as the intent and objectives, justification, mapping and community consultation requirements; and
  • Determine any supporting studies that may require for the planning proposal in relation to traffic and transport, economic, heritage, urban design or/and flooding.