Planning Proposals

A Planning Proposal is the process to change the zoning of a site or sites, and/or the range of activities permissible on a site within a Local Environmental Plan (LEP). 

To rezone land in Fairfield City, a Planning Proposal (PP) must be prepared. The Planning Proposal must be justified and be consistent with State, Metropolitan, Subregional and Local Strategic Plans.

Pre lodgement meetings for Planning Proposals are encouraged to allow:

  • proponents to communicate intentions for sites supported (where applicable) by studies, concept plans and drawings;
  • Council to provide the context of current planning work or developments that are occurring in the area and may impact upon a Planning Proposal.

You can start the process by speaking with Council's Customer Service Team on 9725 0222.

How the process works

Step 1 - Planning Proposal overview

Fairfield City Council (Council) is the local Principal Planning Authority (PPA).

The making and amending of Local Environmental Plans (LEPs) starts with a planning proposal. The planning proposal describes the outcome and justification for a proposed change to a LEP and is the key part of the LEP making process as set out under Division 3.4 of the Environmental Planning & Assessment Act 1979. It is supported by the NSW Department of Planning and Environment (the Department) Local Environmental Plan Making Guideline, August 2023.

Step 2 -The applicant and supporting information

A landowner, developer or an individual seeking to amend the zoning or development standards that apply to land they own or have an interest in may initiate a planning proposal. The applicant is responsible for supplying all the necessary information to justify the basis of the proposal. The information required to support the proposal is prepared by or on behalf of the landowner with the assistance of specialist consultants. As each planning proposal is different, the information and technical reports outlined will vary depending on the nature, scale and complexity of the proposal and characteristics of the land to which the planning proposal relates.

Step 3 -Scoping proposal

Scoping Proposal is usually prepared before a planning proposal is formally submitted for assessment. After a Scoping Proposal is received and considered, Council planning staff will arrange a pre-lodgement meeting with the proponent and issue written advice including planning proposal requirements. The purpose of this advice is to confirm whether the proposal has strategic and site-specific merit to progress to a planning proposal and identify necessary supporting information required for assessment.

An Authority & Government Agency Prelodgement framework for when Council should engage with authorities and government agencies at the pre-lodgement stage guides what study and information may be needed to underpin a planning proposal. This type of early consultation is helpful to confirm relevant agency and authority expectations

Step 4 - Submitting a planning proposal 

The Planning Proposal is submitted through the NSW Government’s Planning Portal for consideration and assessment. Council (in the majority of cases) is responsible for the preparation of a planning proposal, which explains the effect of, and justification for, the proposal. Once a proposal is submitted to Council via the NSW Planning Portal, Council staff consider the information provided. 

A report is prepared for the consideration of Council’s Outcomes Committee which is made publicly accessible before the meeting. Applicants are invited to the Committee meeting to support their Planning Proposal if they wish. The Committee will determine if the proposal should be submitted to the Department for a Gateway determination (see Step 5). 

Planning proposals are reviewed by the Department through the Gateway process and, if supported, may be publicly exhibited (see Step 6). The Gateway ensures effort is invested at appropriate stages of the process and that authority and government agency and community consultation is informed and effective. 

After public exhibition is complete, the planning proposal is ultimately assessed by the local plan-making authority and determined (in most cases Council depending on the type of LEP amendment). If the planning proposal is supported, the LEP is then made and notified, at which time the changes become effective.

Non-mandatory benchmark timeframes for completion of planning proposals are set by the Department as follows:

  • Basic Proposal - 46 weeks;
  • Standard Proposal – 70 weeks; and
  • Complex Proposal or principal LEP - 80 weeks

Step 5 - Gateway

If Council supports the Planning Proposal, it is sent to the NSW Government for review. This ‘Gateway’ process allows a Planning Proposal to be reviewed for a decision if it will proceed. A community consultation process is also determined at this time. The NSW Department of Planning and Environment website provides detailed information about the Planning Proposal and Gateway Process.

Step 6 - Community consultation

The proposal is publicly exhibited (generally low impact proposals for 14 days, all others for 28 days). Planning Certificates will provide information about the public exhibition as well as any proposed land use zone. A person making a submission may also request a public hearing be held. A further report is prepared for Council’s consideration at the conclusion of the exhibition period. All persons who have made a submission are invited to speak at the Outcomes Committee meeting.

Step 7 - Assessment 

Council considers public submissions and a decision is made, with proposals varied as deemed necessary. Parliamentary Counsel then prepare a draft local environmental plan known as an amendment with its own identifying number — the legal instrument.

Step 8 - Finalisation

The Minister (or delegate) approves the plan and it becomes law, being published on the NSW legislation website.

Application Fees

Local Environmental Plan (LEP) Amendment Fees

Minor Amendments (Spot rezoning of a single site, matter does not create a significant precedent or require a policy review)

Prelodgement Meeting with Scoping Document Review Fee 2022/23: $306.50

Planning Proposal Application Fee 2022/23: $16,832.00

Please note: Additional fees may also apply such as the preparation of an Economic Impact Statement, Urban Design Study, and a peer review of supporting information which will be at the applicant's cost.

Major Amendment (Large number of lots, matter creates a significant precedent or requires a major policy review)

Prelodgement Meeting with Scoping Document Review Fee 2022/23: $1,785.20

Planning Proposal Application Fee 2022/23: $56,106.00

Please note: Additional fees may also apply such as the preparation of an Economic Impact Statement, Urban Design Study, and a peer review of supporting information which will be at the applicant's cost.

Amendments to Development Control Plans

Proposals may also require amendments to associated Council policies such as Development Control Plans.

  • Minor related Development Control Plan (DCP) Amendment
    2022/23 fee: $2,041.00 (This fee is refundable if the amendment does not proceed)

  • Major related Development Control Plan Amendment/creation of Development Control Plan or amendment to site specific Development Control Plan
    2022/23 fee: $11,222.00 

  • Minor or major related Section 7.1 Development Contribution Plan Amendment
    2022/23 fee: No charge 

Local Environmental Plan Tracking System

The Department of Planning and Environment's online tracking system is available for any person to follow the process of a Planning Proposal once it has been submitted by Council to the Department.

Strategic Planning and Investigations

The Western City District Plan provides a 20-year plan to manage growth and achieve the 40-year vision, while enhancing Greater Sydney’s liveability, productivity and sustainability into the future. It is a guide for implementing A Metropolis of Three Cities - the Greater Sydney Region Plan at a District level and is a bridge between regional and local planning.

Western Sydney Freight Line corridor identification - Transport for NSW in 2018 consulted on a recommended corridor of land for the Western Sydney Freight Line between M7 Motorway and the planned Outer Sydney Orbital’s freight rail corridor near Luddenham. The corridor passes through the suburbs of Villawood, Fairfield East, Yennora, Smithfield, Wetherill Park and Horsley Park. Find out more, including a map of affected areas, through Transport for NSW.

Western Sydney International (Nancy-Bird Walton) Airport is on track to begin operations in 2026. Planning controls will reduce the impact of aircraft noise by restricting the types of buildings that can be constructed near the airport, as well as flight path design. Find out more , including the Managing aircraft noise fact sheet and the Environmental Impact Statement, through Western Sydney Airport.

Fairfield Rural Lands Urban Investigation Area has been the subject of an Urban Capability Assessment and Draft Structure Plan Options for the Fairfield Rural Lands Urban Investigation Area, covering the suburbs of Horsley Park and Cecil Park.