A Planning Proposal (also known as a rezoning application) is a document that explains proposed changes to land use planning controls that are found in a Local Environmental Plan (LEP).
A Planning Proposal details how the controls are proposed to change, for example, by changing zoning to allow different development in particular areas. It also sets out the justification for why changes are suitable for the site and an assessment of the potential impacts of the proposal.
A planning Proposal can be prepared by anyone, but usually it is either a landowner, developer, or the local Council.
A Local Environmental Plan (LEP) is a legal document that guides planning decisions by local governments. It is prepared by Council and approved by the State Government. The LEP is an important planning tool that helps shape the future of our area and ensures development is done appropriately. Controls in an LEP include land use zones, building heights, floor space ratios, flood risk management controls and also heritage protections, amongst others.
A “Planning Agreement” is a legal document that is created under the Environmental Planning & Assessment Act 1979 between developers and government agencies (including councils) for the provision of funds or works by the developer for infrastructure, services, or other public amenities.
A Planning Agreement enables the opportunity for Councils to negotiate much needed community facilities and infrastructure which could not be obtained through a development contributions plan*. Planning Agreements are a more flexible mechanism to fund or deliver infrastructure to an area and can be tailored to the specific needs of where redevelopment is proposed.
* Development Contribution Plans enable Councils to charge fees on new development in order to help fund new and upgraded infrastructure which will be required as a result of additional demand coming from more residents, workers and visitors.
The draft Planning Agreement will provide the following public benefits in accordance with the base development scenario that forms part of the Planning Proposal:
- Construction of a shared footpath along Pennant Hills Road, specifically between Gollan Avenue and Glencoe Avenue; or
- A monetary contribution paid by the Applicant to deliver this upgrade.
The subject site is located within a Heritage Conservation Area (HCA), denoted as ‘Burnside Homes’, pursuant to Schedule 5, Part 2 of the PLEP 2023. The site does not contain a Local or State Heritage Item. The Planning Proposal does not seek to alter any heritage provisions applying to the site. Any future Development Application (DA) for the site will be assessed against the applicable planning controls including Parramatta DCP 2023, and be accompanied by suitable justification (e.g. a Statement of Heritage Impact) to ensure any future development is respectful of the Burnside Homes Conservation Area. Environmental heritage and archaeology controls can be found HERE
The loss of land zoned SP2 Infrastructure (Educational Establishment) is not expected to impact upon the provision of schools in the area noting that the site (that is privately owned) has not been used as a school since prior to its sale in 2019. There are several existing educational establishments in the area, including the adjoining college to the west.
Further, based upon the indicative subdivision plan, the existing buildings could be retained and used as an educational establishment into the future noting that an educational establishment is permitted with consent in the R2 Low Density Residential zone pursuant to the State Environmental Planning Policy (Transport and Infrastructure) 2021.
It is noted that the northern portion of the site is currently zoned SP2 Infrastructure (Classified Road), and is identified on the Land Reservation Acquisition Map. This Planning Proposal seeks to retain the land zoned SP2 Infrastructure (Classified Road). Any future land acquisition for road widening will be subject to a separate project.
