Understanding planning proposals

• What is the objective of this planning proposal?

• The objective of this planning proposal is to introduce a number of key land use changes and reclassify land owned by the Council to support better use of land within the local government area (LGA). These changes are being sought to assist Council officers in improving the management of land within Canterbury-Bankstown.

• What is a planning proposal?

• A planning proposal is a request to the NSW Department of Planning, Housing and Infrastructure (DPHI) to amend a Local Environmental Plan (LEP). LEPs provide the local statutory framework that guides development and land use decisions throughout NSW.

• What is a Local Environmental Plan (LEP)?

• An LEP is an environmental planning instrument (EPI) and statutory plan that sets out zoning and development standards that provide a framework for the way land can be used and developed. LEPs must follow a consistent structure, as outlined in the Standard Instrument (Local Environmental Plans) Order 2006. Learn more here.

• What is the planning proposal process?
• 1. Stage 1: Prelodgement – Before any formal submission is made, the idea to amend an LEP (whether from a council or a private proponent) is scoped out. This involves gathering basic information, checking alignment with broader strategies and consulting early with relevant authorities.
  2. Stage 2: Preparing a planning proposal – A detailed document is prepared to explain what changes are being proposed and why. The planning proposal is then lodged (usually via the NSW Planning Portal) and assessed by the relevant council (or planning authority), which decides if it should move forward.
  3. Stage 3: Gateway Determination - DPHI reviews the proposal’s merit. Conditions may be imposed (like extra studies or agency consultation) upon approval (“gets through the Gateway”), before it can proceed.
  4. Stage 4: Actioning Gateway Determination conditions - The proponent (often council) fulfills any condition required by the Gateway Determination (for example, further technical assessments) to ensure everything is in order before exhibiting the proposal to the public.
  5. We are here. Stage 5: Public exhibition and Assessment – The proposal is publicly exhibited so the community can read it and make submissions. Feedback is then considered and any necessary changes are made.
  6. Stage 6: Finalisation – All final checks are done, and if everything is in order, the LEP amendment is “made,” meaning it becomes an official legal document. The changes then appear on the NSW legislation website and the new or updated planning controls take effect.

  For more information, visit the LEP Making Guideline here as published by DPHI.

Understanding public land

• What is Public Land?

• Public land is defined in the NSW Local Government Act 1993 as any land (including a public reserve) vested in, or under Council control.

  Exceptions include a public road, land to which the Crown Lands Act 1989 applies, a common, land subject to the Trustees of Schools of Arts Enabling Act 1902 or a regional park under the National Parks and Wildlife Act 1974.

• How is public land classified?

• Public land is managed under the Local Government Act (LG Act) based on its classification. All public land must be classified as either community land or operational land (LG Act, Sections 25 and 26).

  • 1.Community land – is land council makes available for use by the general public, for example, parks, reserves or sports grounds.
  • 2.Operational land – is land which facilitates the functions of council, and may not be open to the general public, for example, a works depot or council garage
• Why is public land classified?

• Classification clearly distinguishes between land made available for use by the general public (community) and land that is not available for use by the general public (operational).

  Public land classification determines council dealings in public land, including its sale, leasing or licensing. It also provides for transparency in council’s strategic asset management or disposal of public land.

  Community land must not be sold, exchanged or otherwise disposed of by a council. It can be leased with specific restrictions on granting leases and licences as well as usage. Council adopts a Plan of Management (PoM), which outlines specific uses and management of all community land.

  Operational land does not require any restrictions on council powers to manage, develop, dispose, or change its nature and usage.

• What is a land reclassification and how is it undertaken?

• A reclassification of public land occurs when its classification is changed from community to operational, or from operational to community.

  This is undertaken by either:

  1. Council resolution under ss.31, 32, or 33 (through LG Act s.27(2)), or
  2. An LEP under the Environmental Planning and Assessment Act (through LG Act s.27(1)). Councils are encouraged to classify or reclassify land by council resolution where suitable.

  In this case, council has a resolution to proceed with the reclassification and is progressing it through an amendment of the LEP.

• What is a Council resolution and how is it related to this reclassification process?

• A council resolution is a formal decision or directive passed by a local council’s governing body. It typically results from a vote during a council meeting, where members officially confirm their stance on a particular issue or action to be taken. Once adopted, the resolution becomes an official part of the council’s records and guides future actions and policies.

Rezoning and reclassifying land at Marco Avenue, Revesby

• Why is Council reclassifying the land at 75A–75C Marco Avenue?

• Council at its Ordinary Meeting on 24 February 2009 determined that 75A, 75B and 75C Marco Avenue, Revesby should be rezoned from Public Recreation (RE1) to High-Density Residential (R4) and reclassified from “Community” land to “Operational” land to support residential development. This decision follows previous decisions of Council to rezone and reclassify the land to enable it to be sold in the future.

• Who currently owns the land at 75A-C Marco Avenue, Revesby?

• The site is owned by Council and is currently occupied by the NSW Scouts Association under a long-term lease agreement.

  The site was originally acquired in 1937 for public purposes; it has never been used as an open recreational area. In the past, it provided housing support for people with disabilities—managed by organisations including the Intellectually and Physically Handicapped Children’s Association and the Department of Ageing, Disability and Home Care—but it is currently vacant and fenced off with the exception of the NSW Scouts Association use of the building on the western end of the site.

• Why is Council rezoning/reclassifying the land at 75A-C Marco Avenue, Revesby?

• At Council‘s 24 February 2009 Ordinary Meeting, it decided to rezone 75A, 75B and 75C Marco Avenue, Revesby from Public Recreation (RE1) to High-Density Residential (R4) and reclassify the properties from “Community” land to “Operational” land.

  This reclassification aligns with local and state planning strategies, such as Council’s Connective City 2036, by developing more housing that is closer to infrastructure. It also allows Council to fund local facility upgrades.

  The aim of the proposal is to enable Council to consider development opportunities or future sale of the land.

• Why are multiple sites being reclassified?

• Council identified three neighbouring properties (75A, 75B and 75C Marco Avenue, Revesby) that are no longer needed as open space. At its 24 February 2009 Meeting, Council decided these sites could be sold, with the proceeds reinvested in the Revesby area.

  Because the properties adjoin each other, reclassifying and selling them together makes redevelopment more practical and increases their potential sale value. This helps ensure the sites attract buyers interested in fully utilising the properties to provide maximum benefit for the local community.

• Is Council planning to sell the land, if so, will Council profit from the sale?

• Council is considering the potential sale of three Council-owned properties at 75A, 75B and 75C Marco Avenue, Revesby, as they have been identified as no longer needed for open space. While previous Council resolutions (in 2009 and reaffirmed in 2023) have supported this direction, no final decision will be made until community feedback is considered and the reclassification process, including a public hearing, is complete. If the land is ultimately reclassified, proceeds will be held in a dedicated fund to pay for future community infrastructure upgrades in the Revesby area.

How will Council make its decision?

• What is a Council resolution?

• A formal decision made during a Council Meeting. In this case, Council resolved (in both 2009 and again in 2023) to reclassify and rezone the properties located at Marco Avenue.

• What is a public hearing?

• A public hearing is a formal meeting organised by a government authority (like Council) to give the community an opportunity to voice their opinions and concerns about significant planning proposals or decisions, such as changes to land use or zoning.

  During a public hearing:

  • The community is invited to speak or provide written submissions.
  • An independent person or panel listens to feedback without bias.
  • Feedback gathered is formally recorded and considered in the final decision-making process.

  Public hearings help ensure transparency, community involvement, and fairness when important decisions about local areas are being made.

• Why is Council holding a public hearing and when will it be held?

• Reclassifying the land from Community to Operational is a requirement for allowing future development, as Community land is legally restricted from being sold or developed for non-public uses.

  Under the LG Act, reclassifying land from Community to Operational requires a public hearing. This ensures transparency and allows the community to voice their opinions before final decisions are made.

  Currently, we intend to hold the public hearing around July 2025. The date and location will be shared closer to the date, once the details are confirmed. This information will be available on this webpage, to be notified, please click the ‘Follow’ button at the top of this page.

• What happens after the planning proposal is exhibited?

• In line with the NSW Government’s guidelines and planning processes (LEP Making Guideline and LEP Practice Note 16-001),

  • Council will carefully review all feedback received from the community, key authorities, and government agencies.
  • Council will announce a public hearing, which will be publicly advertised for at least 21 days. This ensures the community has enough time to prepare, provide written submissions, and attend the hearing.
  • The independent person chairing the public hearing will also have time to review all written comments to the Planning Proposal.
  • After the public hearing, Council will carefully consider feedback gathered before completing its final assessment of the Planning Proposal.
  • If the Planning Proposal is approved, Council will then prepare the final LEP. Once this LEP is officially finalised, it will become a legal planning instrument, publicly notified, and come into effect.
• How can I stay informed?

• You can stay informed by completing our formal submission form below and opting to be notified when this project is being discussed at an upcoming Council meeting.

  You can also click the ‘Follow’ button at the top of this page to get updates on the project.