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Last Updated: Tuesday, 30 April 2024 16:54

If you are looking at developing a block of land and the zoning conflicts with your proposal (check your zoning here), you may think that you can apply to Council to rezone. However, Council generally does not rezone properties based on a property owner’s request, and as such there is no formal application process to request this.

Why doesn't Council rezone my property on my request?

When Council applies a zone to a particular area, it’s usually because we are seeking to achieve the same outcomes for the entire area. For example, in an area with lots of farmland, we will usually zone the entire area as Rural. This allows the owners of lots within the area to undertake their farming and grazing activities without onerous Council planning restrictions. However, if your block is too small for farming, your property will still be zoned Rural. This is to ensure that anything on your block remains consistent  with the area you live in.

When does Council consider a rezoning?

Council will usually initiate rezonings in the following ways:

  • As part of reviews on Council’s policy and strategies e.g. industry or commercial type land reviews;
  • As a result of local plans which recommend changes;
  • As a result of other investigations e.g. land not required for public purposes, error in translation from former planning schemes; or
  • As a result of a development application to vary the planning scheme which has been approved.

What can I do if I can't rezone and I want to develop my property?

If the zoning of a particular site doesn’t align with your proposal, consider first – is this the best site for your proposal? Is there a different area where the zoning is more suitable for your proposal?

It may be the case that you will need to make a Development Application for a Development Permit for a Material Change of Use. This is an application which proposes changing the use of the property, for example – from a vacant block to a house, or changing a house to a doctor’s office. The Material Change of Use may either be code assessable, or impact assessable – read more about that here. However, applying for a Material Change of Use has no guarantee of approval, especially if your proposal conflicts with the planning scheme e.g. a feedlot in the middle of a quiet residential street. It’s recommended that you get in touch with Council’s Technical Advice Officers on 131 872 to discuss first.

If you are looking at doing a type of development that will facilitate further development (i.e. you would like to do a subdivision development and allow houses to be built on the resulting lots), it may be more suitable to submit a Variation Request. A Variation Request is essentially a “mini planning scheme” which only has effect over the property/site that is the subject of the Variation Request. Council’s Technical Advice Officers can discuss this process further with you on 131 872.

Further assistance

For further information please phone Council’s Technical Advice Officers on 131 872, or visit your nearest Customer Service Centre.