FAQs

The Wollongong Local Environmental Plan 2009 (Wollongong LEP 2009) is legislation made under the Environmental Planning and Assessment Act 1979 (NSW) (the Act) that provides a framework that guides planning decisions with the Wollongong local government area.

Amending the Wollongong LEP 2009 starts with a Planning Proposal, which describes the outcome and justification for an LEP amendment. It is the key part of the process for making an LEP, as set out under Division 3.4 of the Act.

Information on planning proposals, and the process of making and amending a Local Environmental Plan, is provided by the NSW Department of Planning and Environment.

On 17 August 1998 Council resolved to authorise the acquisition of 340 West Dapto Road, Kembla Grange (now Stream Hill) for the purpose of development and resale. The land was formally transferred into Council’s ownership on 5 February 1999.

Under the Local Government Act 1993, all Council owned land is required to be classified as either Community Land or Operational Land. Under the Act, as part of the acquisition resolution, Council can resolve that the land be classified as Operational Land, or following acquisition Council has three months to resolve that an acquired property can be classified as Operational Land. In the absence of a resolution, the land is deemed to be Community Land.

For at least 20 years, Council’s mapping system has shown the property as being classified as Operational Land. However, a recent review of the 1998 resolution has revealed that the resolution did not determine that the property be classified as operational land, under the requirements of the Local Government Act 1993. Council Officers also searched meeting minutes for the three months after 5 February 1999, and did not find a subsequent resolution to classify the land as Operational Land.

As a consequence, Council officers now consider that the property is classified as Community Land. 

Subsequently, the objective of the Planning Proposal is to reclassify the Council owned land at 340 West Dapto Road, Stream Hill from Community Land to Operational Land, reflecting the established strategic intent of the site and as originally intended when Council purchased the land in 1998.

The property is zoned R3 Medium Density Residential, E1 Local Centre, RE1 Public Recreation, Environmental Management and its development is key for the northern part of the West Dapto Urban Release Area.

Wollongong City Council resolved, at its meeting held on 31 July 2023 to prepare a Planning Proposal under the Act and for it to be sent to the NSW Department of Planning and Environment seeking a Gateway determination and public exhibition. The Council Business paper of this meeting can be found here.

The Planning Proposal has now been reviewed by the Department, which has issued a Gateway determination to progress to Public Exhibition.

As the Department has issued a Gateway determination to progress the proposal, a formal exhibition period will occur between Wednesday 15 November 2023 to Wednesday 13 December 2023. Council is seeking the views of the community on the proposal during this period.

• Completing the online form 
• Emailing records@wollongong.nsw.gov.au  
• Writing to The General Manager, Wollongong City Council, Locked Bag 8821 WOLLONGONG DC NSW 2500
• Phoning the Strategic Project Officer - City Strategy on 4227 7111

After the 28-day exhibition period has ended, a further period of at least 21 days is to be observed before a public hearing is then conducted as the Planning Proposal seeks to reclassify public land from community to operational land. Specific requirements for independence of the Chairperson and preparation of the public hearing and public availability of the report must be in accordance with the Local Government Act 1993.

Following the public exhibition period and public hearing, the Planning Proposal will be assessed, taking into account all stakeholder submissions, and a Post Exhibition Report will be prepared for Council’s consideration.

The Post Exhibition Report will be considered at a Council meeting where Councillors will make a decision about the Planning Proposal.

Subject to the outcome, it will then be forwarded to the NSW Department of Planning and Environment for finalisation and amendment of the Wollongong Local Environmental Plan 2009.