Planning proposals

LEP making guideline

On 15 December 2021 the Department of Planning, Industry and Environment released a new LEP Making Guideline. The new Guideline replaces A Guide to Preparing Planning Proposals and A Guide to Preparing Local Environmental Plans. The new Guideline applies to all planning proposals that have not yet been issued a Gateway Determination. 

Planning proposal

A planning proposal must be submitted to Council if you wish to make any changes to statutory documents.

Ku-ring-gai Council's current statutory plan is the Ku-ring-gai Local Environmental Plan 2015.

A planning proposal requires a legal town planning process which may result in an amendment to Local Environmental Plan. The amendment could change the zoning and standards of a site or sites, and/or activities permissible on a site.  

View Council's planning proposal process flowchart(PDF, 63KB)

Planning proposal tracker 

The Planning Proposal Tracker provides a summary table of all current and historical planning proposals considered by Council.

Planning Proposal Tracker

Pre-planning proposal meeting application

Consultation with Council through a pre-planning proposal meeting must be undertaken at the start of the application process. At this meeting, staff will discuss your proposal, identify key issues and the extent of evidence required to justify your proposal. Written feedback will be provided.

To apply for a pre-planning proposal meeting, complete the application form in full. 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:

Application form to request a pre-planning proposal meeting(PDF, 166KB)

Application costs - pre-planning proposal meeting

The fees for a pre-planning proposal meeting cover the costs for Council staff, advice on your planning proposal and preparation of meeting minutes confirming that advice. Refer to the table below for charges. Check with Council staff if you are unsure which fees should apply. (The fees for Complex planning proposals will be same as Standard Amendments - Major.)

Pre-planning proposal meeting category

Fee

Complex

Pre-Planning Proposal meeting Application seeking amendment/s to an LEP involving:

  • To change in the land use zone and/or the principal development standards of the LEP, which would result in significant increase in demand for supporting local regional or State infrastructure and would require infrastructure funding.
  • To respond to a new policy eg. local character or new provision not in the standard instrument template.
  • That is inconsistent with a District/Regional Plan or council’s endorsed LSPS.
  • Responding to a change in circumstances, such as the investment in new infrastructure or changing demographic trends.
  • That is progressed under the Aboriginal Land SEPP.
  • Any other amendment or amendments that are not categorised as a principal LEP, standard or basic planning proposal.

Mandatory first meeting

$5,000

Second and subsequent meetings

$2,000

Standard Amendments – Major 

Pre- Planning Proposal meeting Application seeking amendment/s to an LEP involving sites over 5000sqm in area, or sites with significant planning issues, with any one or more of the following proposed LEP amendment types:

  • To change the land use zone where the proposal is consistent with the objectives identified in the LEP for that proposed zone.
  • That relates to altering the principal development standards of the LEP.
  • That relates to the addition of a permissible land use or uses and/or any conditional arrangements under Schedule 1 Additional Permitted Uses of the LEP.
  • That is consistent with an endorsed District/Regional Strategic Plan and/or LSPS.
  • Relating to the classification or reclassification of public land through the LEP.

Mandatory first meeting

$4,500

 

Second and subsequent meetings

$2,000

 

Standard Amendments – Minor
Pre-Planning Proposal meeting Application seeking amendment/s to an LEP involving sites less than 5000sqm in area, with any one or more of the following proposed LEP amendment types:

  • To change the land use zone where the proposal is consistent with the objectives identified in the LEP for that proposed zone.
  • That relates to altering the principal development standards of the LEP.
  • That relates to the addition of a permissible land use or uses and/or any conditional arrangements under Schedule 1 Additional Permitted Uses of the LEP.
  • That is consistent with an endorsed District/Regional Strategic Plan and/or LSPS.
  • Relating to the classification or reclassification of public land through the LEP.
 Mandatory first meeting  $2,500
 Second and subsequent meetings

 

 $1,200

 

Basic Amendment 

Pre-Planning Proposal meeting Application with any one or more of the following proposed LEP amendment types:

  • To correct an administrative error.
  • For a few minor ‘housekeeping’ amendments.
  • To add or remove a local heritage item, that is supported by a heritage assessment or conservation management plan in accordance with NSW Heritage Council and Heritage NSW guidelines.
  • To reclassify land where the Governor’s approval is not required.
  • That is consistent with a Department endorsed/approved local strategy such as a Local Housing Strategy.
  • That is consistent with section 3.22 Expedited amendments of environmental planning instruments of the EP&A Act.

Mandatory first meeting

$1,500

Applying for a planning proposal

A planning proposal must include detailed information. Council strongly recommends you employ a qualified town planner to prepare your proposal. They can advise you about the specialist advice necessary to support your case.

To submit a planning proposal, complete the application form in full. Fees are payable once Council has notified the applicant by letter that their application package is complete.

Below are links to the application form and other documents you will need to refer to:

Application costs - planning proposal

The fees cover assessment, reporting, community notifications, state agency consultation, documentation for the Department of Planning Industry and Environment, review of submissions and progression of the planning proposal to finalisation. Refer to the table below for charges. Check with Council staff if you are unsure of which fees would apply. (The fees for Complex planning proposals will be same as Standard Amendments - Major.)

Fees will be requested by Council in a letter acknowledging that the planning proposal application has included all documentation required. The fee submission form must accompany the fee payment:

Fee submission form(PDF, 159KB)

Advertising fees are to be paid separately and will be requested if a Gateway Determination enables the exhibition of the planning proposal.

Planning proposal applications

Fee

Complex

Planning Proposal Application seeking amendment/s to an LEP involving:

  • To change in the land use zone and/or the principal development standards of the LEP, which would result in significant increase in demand for supporting local regional or State infrastructure and would require infrastructure funding.
  • To respond to a new policy eg. local character or new provision not in the standard instrument template.
  • That is inconsistent with a District/Regional Plan or council’s endorsed LSPS.
  • Responding to a change in circumstances, such as the investment in new infrastructure or changing demographic trends.
  • That is progressed under the Aboriginal Land SEPP.
  • Any other amendment or amendments that are not categorised as a principal LEP, standard or basic planning proposal.

$80,000 plus advertising costs plus public hearing costs (if required)

Standard Amendment - Major

Planning Proposal Application seeking amendment/s to an LEP involving sites over 5000sqm in area, or sites with significant planning issues, with any one or more of the following proposed LEP amendment types:

  • To change the land use zone where the proposal is consistent with the objectives identified in the LEP for that proposed zone.
  • That relates to altering the principal development standards of the LEP.
  • That relates to the addition of a permissible land use or uses and/or any conditional arrangements under Schedule 1 Additional Permitted Uses of the LEP.
  • That is consistent with an endorsed District/Regional Strategic Plan and/or LSPS.
  • Relating to the classification or reclassification of public land through the LEP.

$65,000 plus advertising costs plus public hearing costs (if required)

 

Standard Amendment - Minor

Planning Proposal Application seeking amendment/s to an LEP involving sites less than 5000sqm in area, with any one or more of the following proposed LEP amendment types:

  • To change the land use zone where the proposal is consistent with the objectives identified in the LEP for that proposed zone.
  • That relates to altering the principal development standards of the LEP.
  • That relates to the addition of a permissible land use or uses and/or any conditional arrangements under Schedule 1 Additional Permitted Uses of the LEP.
  • That is consistent with an endorsed District/Regional Strategic Plan and/or LSPS.
  • Relating to the classification or reclassification of public land through the LEP.
$35,000 plus advertising costs public hearing costs (if required)

 

 

 

 

Voluntary Planning Agreement

Planning Agreements (VPAs) under Environmental Planning and Assessment Act 1979

Full costs including Council's legals borne by the proponent
 

Basic amendments:

Planning Proposal Application with any one or more of the following proposed LEP amendment types:

  • To correct an administrative error.
  • For a few minor ‘housekeeping’ amendments.
  • To add or remove a local heritage item, that is supported by an office of Environment and Heritage endorsed study.
  • To reclassify land where the Governor’s approval is not required.
  • That is consistent with a Department endorsed/approved local strategy such as a Local Housing Strategy.
  • That is consistent with section 3.22 Expedited amendments of environmental planning instruments of the EP&A Act.
 

$14,000 plus advertising costs

 

Reclassification of public land

$20,000 plus Public Hearing and advertising costs

All planning proposal applications are subject to advertising costs payable upon Gateway Determination approval.

 

 

$3,958

 

Where an application results in additional assessment or review of the planning proposal at any stage of the process, an hourly rate will be charged for extra work undertaken by council staff.  $212 per hour

 

Reviews of decisions

In the interests of fairness and accountability, there are two review mechanisms for the Gateway process.

  1. Rezoning reviews may be requested by an applicant (proponent) before a planning proposal has been submitted to the Department for a Gateway Determination, if a Council has not supported a planning proposal; or failed to indicate support 90 days after the proponent submitted a request; or has failed to submit a planning proposal for a Gateway Determination within a reasonable time after indicating its support. These reviews are carried out independently by a planning panel.
  2. Gateway reviews may be requested by a Council or applicant following a Gateway Determination. These reviews are advised by the Greater Sydney Commission for proposals that relate to land within the Greater Sydney Region.

Refer to Department of Planning and Environment’s website for Gateway review information.