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Rezoning of Land
Rezoning of land is a formal planning process for land development that can bring about significant benefits by amending the planning controls relating to individual or multiple properties. This process involves a change in the existing land use controls, usually in relation to permissible uses and other development standards such as maximum height of buildings, maximum floor space ratios and minimum lots sizes. A successful rezoning can allow the repurposing of land and new development applications not possible under the existing zoning.
Proposed rezonings can be commenced by a landowner proponent by way of a Rezoning Request to Councils. If Council is in favour of the rezoning proposed in the Rezoning Request, it can progress the rezoning by way of a Planning Proposal. Councils can also commence a rezoning of its own initiative with a Planning Proposal.
The benefits of rezoning include increased residential housing options (which can help to address housing shortages in urban areas, improve affordability, and provide more options for people looking to buy or rent a home), improved economic growth, the revitalisation of underutilised areas, and the creation of new jobs.
With significant benefits, it is unsurprising that rezoning property can be challenging. There are a range of regulatory bodies involved, including local councils, state planning authorities, environmental and heritage agencies. The process can also involve managing community expectations and addressing environmental concerns.
A specialist planning lawyer who is familiar with the rezoning and planning proposal laws and processes can be of great assistance if you are considering, or are, attempting to rezone land.
For example, a specialist planning and environment lawyer can assist in ensuring Councils and Government Agencies, adhere to the proper process and legal requirements of the rezoning and planning proposal process.
In addition, a specialist planning and environment lawyer can advise on getting to the important milestone step in the rezoning process of Gateway Determination, and the review processes available to proponents along the way including a Rezoning Review (when Council decide not to progress the Rezoning Request) and Gateway Review (where a proponent is dissatisfied with the outcome or resulting conditions from a Gateway Determination).
