A recent planning circular issued by the Department of Planning (the Department) has shed some light on its current approach to spot rezoning.
Earlier this year, with the introduction of the LEP Review Panel (the Panel), the Department informally indicated that it would be clamping down on spot rezoning (as discussed in our March 2006 update read more...). All proposed draft LEPs are now subject to review by the Panel so the Department is able to exercise greater control of a Council’s LEP-making process and has clearly discouraged Councils from considering spot rezoning applications.
The issue of spot rezoning has become particularly significant in light of the recent changes made to existing use rights and the moratorium on certain types of seniors living development. The dramatic reduction in development potential of sites with existing use rights has led many developers to rely increasingly upon spot rezoning applications. Similarly, the moratorium on self-care seniors living
