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Planning proposals and the gateway process
Planning proposals are processed through the gateway process set out by the NSW Department of Planning and Environment. They are professional documents that are prepared in accordance with A guide to preparing planning proposals and A guide to preparing local environmental plans.

The procedures for planning proposals must be followed as failure to do so can lead to a Court challenge as to the legal validity of the amending LEP. The time period for processing a planning proposal is variable and largely dependant on the complexity of issues affecting the proposal.

The gateway process has the following main steps:

 Step  Process
Planning proposal Council prepares a planning proposal, which explains the effect of the proposal and justification for the amendment. The planning proposal is then lodged with the NSW Department of Planning and Environment with a request for Gateway Determination.
 
Gateway determination The NSW Department of Planning and Environment determines whether the planning proposal shall proceed. This is referred to as the "Gateway LEP making process".

The gateway process acts as a checkpoint to ensure that the proposal is justified and before resources are allocated to detailed study preparation etc. The extent of community consultation and the process consultation is also determined.
 
Studies prepared and lodged with Council  The proponent lodges detailed studies to Council. The gateway determination confirms which studies are needed.Council will be using this information to update the formal planning proposal and to prepare associated reports.

Documents are to be provided in PDF format on CD or DVD. Council may request additional or revised information as needed.  To provide for copying, splitting and collating of PDF material, PDF digital security measures must be disabled. Copyright restrictions must also be waivered for the purposes of Council processing the LEP amendment proposal.

It is the responsibility of the applicant to ensure that digital security measures are disabled and copyright restrictions are waivered. Failure to remove digital security and waiver copyright restrictions may result in processing delays.
           
Public Authority consultation 
Relevant public authorities provide input on the planning proposal and the proposal updated accordingly.

Community consultation The planning proposal is publicly exhibited (generally low impact proposals for 14 days, others for 28 days). A person making a submission may also request a public hearing be held.

Assessment Council considers public submissions and the planning proposal is varied as necessary.

Report to Council Council staff prepare to a report to a formal Council meeting. The report will generally explain the findings of the consultation process and recommend how to proceed.

If the proposal is supported, it is sent to the NSW Department of Planning and Environment with a request that the LEP amendment be made.

Preparation of legal instrument 
The NSW Parliamentary Counsel prepares a draft local environmental plan — the legal instrument.

 
Finalisation The final proposal is lodged with the NSW Department of Planning and Environment with a request to make the LEP amendment.



Singleton Council
PO Box 314 Singleton NSW 2330
Ph: 02 6578 7290