Planning Controls

1. Overview

Land use planning and development outcomes in Queanbeyan-Palerang are guided by a range of planning policies including Local Environmental Plans, Development Control Plans, Community Plans of Management, Section 7.11 Development Contribution Plans, Local Planning Agreements, Section 64 Development Servicing Plans and NSW State Environmental Planning Policies.

Council has prepared the following document ‘Planning for Non-Planners’ to help residents better understand how the planning system is implemented in NSW.

Download our planning for non-planners document here(PDF, 479KB) .

2. Local Environmental Plans

All land within Queanbeyan-Palerang is subject to the provisions of the Queanbeyan-Palerang Regional Local Environmental Plan (LEP) 2022. This LEP came into effect on 14 November 2022. You can view copies of the LEP on the NSW Legislation website by following the link below.

3. Development Control Plans

Development Control Plans (DCPs) supplement the Local Environmental Plans by providing more detailed development controls regarding aspects like building design, landscaping, car parking and the like. There are four DCPs that apply in the Queanbeyan-Palerang Local Government Area.

Braidwood Development Control Plan 2006

The most recent version of the Braidwood Development Control Plan (BDCP) 2006 was adopted by Council on 27 October 2021 and became effective on 10 November 2021.

The Braidwood Development Control Plan 2006(PDF, 5MB) also continues to operate under the Heritage Act 1977 in the State listed conservation area ‘Braidwood and its setting’ as the document which determines whether or not approval under section 60 of the Act is required.

Any development in the State listed area which does not comply with the provisions of the Braidwood Development Control Plan 2006 will require Heritage Act approval and will be considered as integrated development under Division 4.8 of the Environmental Planning and Assessment Act 1979.

Palerang Development Control Plan 2015

The Palerang Development Control Plan 2015 came into effect on 27 May 2015. The most recent amendments came into effect on 14 November 2022.

Queanbeyan Development Control Plan 2012

The Queanbeyan Development Control Plan was adopted by Council on 21 December 2012. The most recent amendments became effective on 23 August 2023.

Googong Development Control Plan

The Googong Development Control Plan commenced on 9 December 2010. The most recent amendments became effective from 23 May 2023.

South Jerrabomberra Development Control Plan

The South Jerrabomberra Development Control Plan was adopted by Council at its PDRC meeting on 11 February 2015. The date of commencement of this DCP is 6 March 2015 and the most recent amendments came into effect 14 November 2022.

Accredited Landscape Consultants and Contractors

You can view our accredited landscape consultants and contractors here.

  1. Download the statement of completed landscape works(PDF, 87KB)
  2. Download the landscape contractor application form 

4. State Environmental Planning Policies

In addition to Council’s LEPs and DCPs there are also State Environmental Planning Policies (SEPPs) which have been implemented by the NSW state government for specific areas, development types and planning issues. These controls are also found on the NSW Legislation Website under "S" in "Browse in Force" Environmental Planning Instruments (EPIs).

5. Community Land Plans of Management

Community Land Plans of Management apply to most public lands under the care, control and management of Council and classified as 'community' under the Local Government Act 1993. The plans set out Council's management regimes for the land. Please note that the plans do not necessarily include 'Crown land' that is under the care, control and management of Council. The following Plans of Management are available and are updated as required:

6. Section 7.11  and 7.12 Plans and Local Planning Agreements

Sections 7.11 and 7.12 of the Environmental Planning and Assessment Act 1979 permits Council to plan, identify and levy contributions on new development where it has established that the development is likely to result in increased demand for public services and public amenities within the local government area.

Section 7.4 of the Environmental Planning and Assessment Act 1979 provides for alternatives to contribution plans called planning agreements. Planning agreements (also commonly referred to as VPAs) are voluntary agreements entered into by Council and a developer to deliver public benefits. Council has a number of executed planning agreements. These include:

  • Googong Urban Development Planning Agreement 
  • Jerrabomberra Innovation Precinct Infrastructure Planning Agreement 2020
  • Jumping Creek Voluntary Planning Agreement 2021
  • South Tralee Essential Infrastructure Planning Agreement
  • 18 Mecca Lane, Bungendore Planning Agreement and
  • Big Island Pty Ltd Planning Agreement relating to the Dargues Creek mine at Majors Creek 

Current Section 7.11 and 7.12 Contribution Plans

Googong Urban Development Planning Agreement

The Googong Urban Development Planning Agreement applies to land known as the Googong Urban Release Area approximately 10 kilometres south of the Queanbeyan CBD. It was originally executed on 12 January 2012 between the then Queanbeyan City Council, Googong Development Corporation and CIC Australia Limited. The objective of the Googong Urban Development Planning Agreement is to provide for the carrying out of works, the dedication of land, and the provision of other material public benefits for the provision of infrastructure, facilities and services to meet the Development on the Land.

On 16 February 2015 (see below) it was amended by a Deed of Novation. This changed one of the entities who was a party to the Voluntary Planning Agreement for Googong being the Googong Development Corporation Pty Ltd to a new entity known as Googong Township Pty Ltd.

On 13 January 2020 Variation (No. 1) to the Googong Urban Development Local Planning Agreement was executed by the parties (see below). This updated and varied the original planning agreement (shown by track changes) in the following manner:

  • Alterations to definitions to maintain the currency of the Planning Agreement,
  • Inclusion of clauses relevant to the Memorandum of Understanding between the Council, the Developer and the Queanbeyan Rugby Union Football Club Incorporated for the Developer to develop and provide public recreation land to the Queanbeyan Rugby Union Football Club Incorporated,
  • Insertion of new items, deletion of redundant items and amendment to other items of the Development Contributions to be provided by the Developer, and their respective Contribution Values, under Schedule 1 of the Planning Agreement,
  • Alteration of indices used for the indexation of Contribution Values for Offsite Road Contributions, and updates to the works schedule for Offsite Local Roads.

On 14 May 2020 the Second Deed of Variation to the Googong Urban Development Local Planning Agreement was executed by the parties (see below). This varied the original planning agreement in the following manner:

  • Dedicate approximately 5554m2 of land to Council for a Council depot; and
  • Carry out noise attenuation works to Stage D of the Googong Water Recycling Plant.

 Documents for Download

Jerrabomberra Innovation Precinct Infrastructure Planning Agreement 2020

The Jerrabomberra Innovation Precinct Infrastructure Planning Agreement 2020 was originally executed on 5 June 2020 and is an agreement between Council, The Village Building Company and Poplars Developments in respect of the future provision of infrastructure at South Jerrabomberra and West Jerrabomberra. 

The agreement establishes a commitment between all parties to collectively contribute to specific infrastructure items in the release area in order to facilitate new residential and commercial development.  Examples of infrastructure to be provided under the agreement include new roads, intersections, recreational facilities, water supply, sewerage and electricity. 

A Deed of Variation to the agreement was subsequently endorsed on 8 December 2020 to include additional details in respect of the land proposed to be dedicated for the Regional Sports Facility, and, to confirm the arrangements for electricity supply to the first stages of the development.  

Document for download

Jumping Creek Voluntary Planning Agreement 2021

Queanbeyan-Palerang Regional Council and PEET Jumping Creek Pty Ltd have executed a Voluntary Planning Agreement (‘VPA’) in respect of land at 28 Lonergan Drive, Greenleigh known as “Jumping Creek”. The VPA was executed by both parties on 9 November 2021.

On 6 December 2024 a First Deed of Variation of the Jumping Creek Voluntary Planning Agreement was executed.

The VPA provides arrangements for PEET to make certain developer contributions to support its proposed development of 218 residential lots at Jumping Creek as follows:

  • The rehabilitation and improvement of 47.2ha of land not proposed to be developed for residential uses, and the dedication of this land to Council for future public ownership
  • The dedication of 8.7ha of land for active local open space (local park) and embellishment of that land for facilities such as play equipment to the value of $500,000 and
  • Monetary contributions for offsite roads, community services and plan administration and for water and sewer infrastructure to the value of approximately $4,545,475

The first variation:

  • Addresses six lots included in the original VPA between Council and Peet that were removed from the Estate’s original Development Application (DA) to address NSW RFS comments. These lots have since addressed these requirements under a newer DA.
  • Clarifies that the VPA applies to all lots approved under both the original and the new DA.
  • Has also reduced the average size of the six residential lots. This has set aside an additional 1.28ha natural bush reserve. This reserve is intended to be a natural bush reserve and is not planned to have any non-native plants or physical construction. This proposed VPA amendment includes the addition of this reserve to the land that will be managed by Council. This ensures consistency between the VPA and the DA.

A copy of the executed VPAs and accompanying documents can downloaded below.

South Tralee Essential Infrastructure Planning Agreement

The South Tralee Essential Infrastructure Planning Agreement applies to land known as South Jerrabomberra Urban Release Area about 12 kilometres south west of the Queanbeyan CBD adjoining ACT Hume. It was originally executed on 19 June 2018 between Queanbeyan-Palerang Regional Council and Canberra Estates Consortium No 4 Pty.

Its objective is to provide for the:

  • provision of sewer and potable water supply infrastructure
  • facilities and services (essential infrastructure) to meet the demands of the Development and other development within the South Jerrabomberra Urban Release Area. 

Document for Download

South Tralee Essential Infrastructure Planning Agreement - 19 June 2018(PDF, 44MB)

18 Mecca Lane, Bungendore

The 18 Mecca Lane, Bungendore Planning Agreement applies to 18 Mecca Lane, Bungendore. It was executed July and September 2019 between Queanbeyan-Palerang Regional Council and Paul Gerard Niven and Alice Elizabeth Niven. Its objective is to require the Developer to make Development Contributions for water and sewer supply in conjunction with the carrying out of the Development. 

Document for download

18 Mecca Lane, Bungendore Planning Agreement(PDF, 907KB)

Big Island Mining Pty Ltd Planning Agreement

The Big Island Mining Pty Ltd Planning Agreement applies to the Dargue Creek Mine at Majors Creek. It was executed on 15 February 2013 between the then Palerang Council and Big Island Mining Pty Ltd.

It provides for the mining operator to:

  • make a Development Contribution for the upgrading of sections of the Braidwood to Majors Creek Road (which lay, at the date of the original Agreement, within the Palerang Council Local Government Area) and
  • make a contribution for the benefit of the Braidwood Community (Section 94 Contribution) for the upgrading of facilities at the Braidwood Recreation Ground

On 23 April 2021, the Deed of Amendment to the Big Island Mining Pty Ltd Planning Agreement was executed by 

representatives of Big Island Mining Pty Ltd and Queanbeyan-Palerang Regional Council.  The Deed of Amendment generally updates the original planning agreement and amongst other things includes the following amendments:

  • Deletion of the one-off contributions that have already been paid by the Developer to Council
  • Amendment to the annual payment by the Developer towards road infrastructure works by increasing the payment amount and clarifying that the payment is to be put towards ongoing pavement upkeep along the haulage route being that part of Majors Creek Road which lies between the development and Araluen Road
  • Clarification that s7.11, 7.12 and s7.24 of the Environmental Planning and Assessment Act 1979 are not excluded from applying to the development and the contributions payable by the Developer are to be taken into consideration for the purpose of s7.11
  • Inclusion of an enforcement clause providing for a bank guarantee in favour of Council in the event of non-payment of the contributions payable under the Planning Agreement. 

Documents for Download

Blind Creek Solar Farm Planning Agreement

The Blind Creek Solar Farm Planning Agreement applies to the Blind Creek Solar Farm about eight kilometres north of Bungendore off the Tarago Road. It comprises a 350MW solar farm and a nominally 300MW/600MW battery.

Instead of paying contributions under the Council’s Contributions Plan, the planning agreement provides for the solar farm to:

  • Make a contribution of $250,000 (as adjusted) to Council for the benefit of the public at the commencement of commercial operation of the Solar Farm. This is to be used for recreational facilities at Bungendore.
  • Make annual contributions of $49,250.00 (as adjusted) from the commencement of commercial operation of the Solar Farm for a period of 20 years or until operations permanently cease, whichever is the shorter period. This is also to be used for recreational facilities at Bungendore.

The Planning Agreement is dated 17 October 2022 and was executed by both parties. It contained a Schedule 4 Development Consent which included a sentence To be inserted once the State Significant Development Application SSD – 13166280 is determined.

This State Significant Development Application was granted development consent by the Minister of Planning and Public Spaces’ delegate on 28 July 2023.

Following this a Deed of Amendment relating to this Planning Agreement was prepared and executed by both parties.

Documents for Download

7. Section 64 Plans

Section 64 of the Local Government Act 1993 allows contributions to be levied towards the provision of water, sewerage and stormwater infrastructure. Council must have a Developer Servicing Plan in order to levy a Section 64 contribution. The developer servicing plans enable Council to levy contributions where the anticipated development will or is likely to increase the demand for water or sewer supply services. The contributions levied will allow Council to provide for the required increased capacity.

8. Flood Risk Management Plan

Our Local Government Area has a large number of drainage catchments and creeks, rivers and floodplains. Due to historical development patterns, the towns of Braidwood, Bungendore and Captains Flat are located on the floodplains of a number of small creeks and rivers. The central area of Queanbeyan sits on a more significant floodplain.

The NSW Government has developed the Flood Prone Land Policy, the Floodplain Risk Management Process and the Flood Risk Management Manual to guide management of floodplains. The aim of the Policy is to safely manage existing communities at risk through appropriate controls and emergency management while allowing appropriate development of new land within floodplains. New development is required to consider the effects of the development on existing development, the future risk to new communities and emergency management for the new community. New development will only be permitted where risks to existing and future communities can be effectively managed.

To better protect existing communities and to assess future development opportunities, we are required to undertake floodplain risk management studies for at-risk communities. The process involves the study of the catchment, the watercourses, the communities and emergency responses. The process ultimately recommends a series of structural works (such as levee banks), planning controls (such as minimum floor levels) and emergency response procedures (such as evacuation routes) that, when implemented, will reduce risk to the existing community to an acceptable level.

Flood Studies and Maps

Braidwood

Bungendore - More information is available on the Bungendore Floodplain project here.

Captains Flat

Queanbeyan

9. Bushfire Prone Land Map 2021

A new bushfire prone land map has been prepared for the QRPC region. In consultation with the NSW Rural Fire Service, maps have been reviewed and updated to conform with the most recent mapping requirements.

Download the bushfire prone land map(PDF, 9MB)

10. Renaming of Environment zones in NSW

From 1 December 2021, the NSW Government renamed all the Environment zones in the state to Conservation zones.

The new zone names will be:

  • Zone C1 – National Parks and Nature Reserves (formerly E1 – National Parks and Nature Reserves)
  • Zone C2 – Environmental Conservation (formerly E2 – Environmental Conservation)
  • Zone C3 – Environmental Management (formerly E3 – Environmental Management)
  • Zone C4 – Environmental Living (formerly E4 – Environmental Living)

The objectives and land use tables remain the same across all zones. Only the prefix and zone category are changing.

The change is purely administrative and of name only. There are no changes to what can be carried out on your land, or the development consent process. The change is being given effect through the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021.

Reason for the change:

The NSW Government’s Department of Planning Industry and Environment (DPIE) advised that the reason for this change is because the name ‘environment protection zone’ is too broad and is open to multiple interpretations which can cause confusion about the purpose, intent, and objectives of the zone. The Department believes that ‘Conservation’ clearly signals that this zone is about conserving the environmental values and natural qualities in areas where it applies.

Further information is available from the Planning NSW website

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