Changes to the Council’s controls can be initiated by the Council, NSW Government or by a proponent lodging a request. The proposed changes are documented in a planning proposal and may include a draft development control plan that is reported to Council for endorsement.

In most instances, this process involves the consideration of the Local Planning Panel before the proposal is reported to a full Council meeting for a decision whether to proceed.

It is important to note that any proposed changes must give effect to strategic plans such as the South District Plan and Canterbury Bankstown’s Connective City 2036 Local Strategic Planning Statement.

An LEP provides the legislative framework for land use and development in the Canterbury Bankstown Local Government Area (LGA) through land use zones and development standards. An LEP consists of a written planning instrument and a series of maps.

As an applicant, you would be required to lodge a planning proposal when you are seeking to create the following changes to an LEP:

• The maximum permissible building height
• Lot size requirements
• Floor Space Ratio (FSR)
• Land Use Zoning
• Permitted uses
• Reclassification of land
• Listing or delisting a heritage item or heritage conservation area

Anyone wishing to propose an amendment to an LEP within Canterbury Bankstown LGA should contact Council's Strategic Assessments Team prior to lodging an application to discuss the process by calling (02) 9707 9000 or sending an email to strategic.assessments@cbcity.nsw.gov.au.

Council is in the process of preparing a planning proposal guide for proponents and the community. The guide will be made available on this page by the end of July 2024.

1. Talk to Council – Canterbury Bankstown Council encourages proponents to discuss any changes you wish to make to planning controls prior to submitting a planning proposal. We can provide you with advice about the proposed changes and what reports or studies may be required with your lodgement.
2. Prepare an application - Review the NSW Planning and Environment’s Local Environmental Plan Making Guideline to understand what is required within a planning proposal or alternatively follow the process described below under the “What is the Planning Proposal Process” dropdown. If you require further clarification in relation to the required information, please contact Council.
3. Lodge your application – a planning proposal must be lodged online through the NSW Planning Portal. Once lodged, contact the Strategic Assessments team at Council to confirm receipt, payment and next steps.

Stage 1 – Prior to lodgement of a planning proposal requests

Before you lodge a planning proposal, Council encourages you to discuss any potential changes you may wish to make to Council’s planning instruments. This will allow Council the opportunity to provide advice about the proposed changes and what reports or studies you may require with your lodgement.

The proponent will then be required to lodge a scoping study with Council. The scoping study is required to provide a high-level overview of the proposal and the intent of changes being made to the LEP.

Stage 2 – Council reviews the scoping Study

Once a scoping study has been submitted, Council will then review the content of the study and seek comment from State Agencies.

Stage 3 – Council provides advice to proponent

Council then issues consolidated advice from both Council and State Agencies and advises whether the planning proposal should proceed to a formal planning proposal lodgement.

Stage 4 – Lodgement of the Planning Proposal and Assessment

If council advises that the planning proposal should proceed, you can submit a formal lodgement of the planning proposal.

Stage 5 – Council assesses Planning Proposal

Once you have lodged you planning proposal request, Council’s planners will assess the merit of the request including whether the proposed changes should be made. If Council believes the request has merit, Council may begin preparation of a planning proposal for the consideration of Council and the Local Planning Panel.

Stage 6 - Gateway Determination

If Council and the Local Planning Panel agree to support the Planning Proposal, then Council will request a Gateway Determination from the Department of Planning, Housing and Infrastructure (The Department) to allow public consultation to commence.

A gateway determination from the Department will outline the conditions for the planning proposal, including the consultation period and the government agencies Council should consult. Additional conditions, such as modifications to the planning proposal, may also be specified.

Stage 7 – Exhibition of Planning Proposal and Community Engagement

A community consultation period generally lasts for 20 working days for standard planning proposals. However, for more complex proposals, the gateway determination may require extended periods of community engagement to ensure the community has time to understand the proposal and talk to Council’s planners and provide their feedback.

During community engagement, Council will focus its consultation with the community to focus on the particular communities we believe may be most affected by the proposal. This engagement is undertaken in accordance with Council’s Community Participation Plan.

Stage 8 - Community Feedback

At the end of the community engagement phase, the proponent is required to consider all submissions and feedback received. Any changes made to the planning proposal are required to be made and reported to Council and the Local Planning Panel.

Stage 9 – Final decision to Proceed

At this stage, Council and Local Planning Panel will review the decision and decide whether a change to the planning controls is justified.

Stage 10 – Making and Implementing new planning controls

This is the technical plan-making stage of the process, where amendments to our planning controls are legally drafted and finalised. This work is primarily done in collaboration with Parliamentary Counsel, the legal drafting division of the NSW Government.

Amendments will then be made to the Canterbury-Bankstown Local Environmental Plan 2023 and then published on the legislation website. Once the new changes to planning controls are in effect and development applications may be lodged to redevelop the land.

For more information about the planning proposal process, please visit the Department of Planning’s Website or Council’s Planning Proposal guide.

Council may progress planning proposals that comply with the following:

• The proposal is consistent with the Department of Planning & Environment’ s Strategic Merit Test, as outlined in the Department’ s publication A Guide to Preparing Local Environmental Plans;
• The proposal supports the strategic intent of Canterbury Bankstown Council’s CBCity 2028 Community Strategic Plan;
• The proposal is consistent with the objectives, directions and aspirations of Canterbury Bankstown’s Connective City 2036 Local Strategic Planning Statement;
• The proposal is consistent with the established character of the surrounding residential zone, and enables the impacts to be managed appropriately;
• The proposal integrates effectively with the topography of the site and fully responds to any flood risks, land contamination, acid sulfate soils, bush fire risks, ecologically endangered communities, or other environmental constraints that affect the site;
• There is appropriate access and infrastructure (and associated funding mechanism) to accommodate the proposal.

It is unlikely that Council will progress planning proposals that do not comply with the above criteria. Should Council decide to progress a planning proposal, refer to Council’s Fees and Charges for the relevant lodgement fees.

For any enquiries, please contact Council on 9707 9000.

Council recommends proponents of potential applications to attend a formal pre–lodgement meeting to identify relevant issues.

This meeting is for proponents who intend to lodge a planning proposal application and would like advice and assistance in the early stages of the proposal. This meeting is an effective way to discuss issues and requirements to ensure proponents are on the ‘right track’. The intended outcome is to identify whether the proposal demonstrates strategic merit, and to discuss key planning issues that may need to be considered to determine whether the proposal is likely to proceed. This meeting does not intend to investigate every detail which is covered through the formal assessment process.

Senior Council officers and relevant technical staff will be present at the meeting to discuss key issues and policy positions. The level of detail provided by Council, will be dependent on the information submitted prior to the meeting. Written advice will be provided by Council within 10 days following the meeting. The written advice would typically summarise the discussions and key issues identified at the meeting. No indication will be offered by Council officers, as to the likely level of support or otherwise that may be given for the proposal.

To arrange a meeting, proponents must submit a request form together with any supporting information. Following receipt of the request form, Council will contact proponents to confirm the meeting details. Meetings are generally held within two weeks of receiving the application, depending on the size and complexity of the proposal.

The cost of planning proposal requests is broken down into the following planning proposal types:

• Minor Proposals – administrative changes or corrections to amend a mapping or drafting error/anomaly, adding / removing a heritage item or adding an additional permitted use on a small site, or adding an additional permitted use that does not require complex assessment and is consistent with all of Council's strategies.
• Standard Proposals – a standard planning proposal that involves minor site-specific changes to planning controls.
• Major/Complex Proposals – a major or complex planning proposal that requires complex assessment, consideration of significant planning matters and/or involves multiple lots

For more information about the specific costs involved with each planning proposal type, head to our Fees and Charges page.

The status of planning proposals submitted to the Department of Planning, Housing and Infrastructure can be viewed on the Department's Planning Portal website.

Planning proposals that are currently on exhibition can be viewed at Council’s Have Your Say website.