Rezoning

Lake Macquarie Local Environmental Plan 2014 (LEP) provides the framework for land use planning in Lake Macquarie. It identifies land use zones and other planning provisions, such as building heights and minimum lot sizes.

Any change to a land use zone or other planning provision requires an LEP amendment. This is a statutory process involving the Department of Planning and Environment, State agencies and service authorities, and public exhibition. It is a lengthy process that takes 12 to 18+ months and costs upwards of $30,000 plus the cost of undertaking relevant studies.

Please read our rezoning request fact sheet and contact us on 02 4921 0333 to discuss your proposal. Further information about the LEP making process is available on the NSW Department of Planning and Environment website.

Process

Step 1.Discuss your proposal with Council staff

This will help to identify if the proposal demonstrates one or more of the following:

  • an error or anomaly in the LEP
  • the land cannot reasonably be developed or used for a permitted use under the existing zone
  • the rezoning would provide considerable community benefit
  • the land is currently zoned RU6 Transition Zone

All proposals need to be consistent with the Hunter Regional Plan, the Greater Newcastle Metropolitan Plan and the Local Strategic Planning Statement.

Step 2.Prepare and lodge a rezoning pre-lodgement application

A rezoning pre-lodgement application must include a scoping proposal. Information required in a scoping proposal will vary depending on the site and the extent of the changes proposed. Information about preparing a scoping proposal is available on the Department of Planning and Environment website. It is strongly recommended that you engage someone with experience and expertise, such as a qualified town planning consultant to prepare the rezoning pre-lodgement application.

Once you have all the required documentation, you can lodge your request for rezoning pre-lodgement advice. You will need to upload electronic versions of the required documents to complete your application.

 Lodge a rezoning pre-lodgement application

Pay

Fees are payable for this service in accordance with Councils published fees and charges. An invoice for payment of the applicable phase one pre-lodgement fee will be issued as soon as possible after lodgement. Assessment of the scoping proposal will commence upon payment of the fee.

Step 3.Prepare and lodge a planning proposal

A planning proposal can only be submitted on the NSW Planning Portal after all the steps above have been completed and any required studies have been prepared to Council’s satisfaction. The planning proposal must address all requirements of the LEP Making Guideline and as set out by Council.

Pay

Fees are payable for this service in accordance with Councils published fees and charges. An invoice for payment of the applicable phase two fee will be issued as soon as possible after lodgement. Assessment of the planning proposal will commence upon payment of the fee.