The Planning Scheme may be amended by changing the written content (such as the local policy framework or schedules to zones, overlays or other provisions) or amending the mapping to change the zones and overlays applied to land. These changes may required for a variety of reasons such as correcting errors or anomalies, giving effect to a new policy or strategy adopted by Council, or to reflect a change in direction or new circumstances.
Council, as the planning authority, usually undertakes the amendment although it may also be done by another government authority. The process for amending the Planning Scheme is set out in the Planning and Environment Act 1987.
- Anyone can request Council to prepare an amendment.
- The amendment must be adequately justified for Council to determine to prepare the amendment. The onus will be on the party requesting the amendment to provide this justification.
- The decision to prepare the amendment will be made by Council at an Ordinary Council Meeting.
The amendment will then be submitted to the Minister for Planning seeking authorisation to prepare and exhibit the amendment. If the Minister agrees to authorise the amendment, it may include changes to the amendment or specific directions for exhibition. The Council must adhere to these requirements.
Exhibition of the amendment usually occurs via letters to affected parties, notices in the Government Gazette, the local newspaper and on Council’s website. Submissions can be made to Council on the amendment within the prescribed time period. All submissions must be considered by Council.
Council will then decide at an Ordinary Council Meeting, once considering any submissions, whether to abandon the amendment or adopt it with or without changes. Where submissions cannot be resolved, Council must first refer those submissions to an independent Panel. The Panel will then consider the submissions and make recommendations to Council before it adopts the amendment.
Once Council adopts the amendment it must be submitted to the Minister for Planning for approval. Notice of Approval will be published in the Government Gazette at which point it becomes part of the Planning Scheme. Council will also give notice of the approval in the local newspaper and on its website.
For details of any recently approved amendments, please refer to Current Planning Scheme Amendments.
Requesting an amendment
If you wish to request an amendment to the Wyndham Planning Scheme, your request must be made in writing and submitted electronically to firstname.lastname@example.org.
The following information will also be required in order to consider your request:
- Payment of the prescribed fee (Fee Schedule and Credit Card Payment Form)
- A copy of the Certificate of Title for the property
- The draft amendment documents including an Explanatory Report, amended Ordinances and mapping changes (templates are available for download here and must be in Word format and tracked-changes marked, for current planning scheme templates refer here).
- Any supporting information, such as technical reports.
An application must be lodged electronically to email@example.com.
If you require any further information or assistance, please contact the Urban Transformation Team on 1300 023 411.