To make a new Local
Environmental Plan (LEP) or amendment an existing LEP, the relevant planning
authority must commence the planning proposal process. The relevant planning
authority is usually a local Council or in some circumstance, can be the
Secretary for the Department of Planning and Environment or the Joint Regional Planning Panel(JRPP) where the Minister for Planning believes the LEP relates to
matters of State or regional significance; or a Council has failed to comply
with its obligations to make a proposed LEP or has not carried out its
obligations in a satisfactory manner.
The intended effect of an
LEP amendment must be clearly explained and justified, with relevant maps that
show the land to which the rezoning applies and details of the community
The Planning Proposal must
A clear statement of the objectives and
Explanation of the intended provisions;
Justification of the objectives and outcomes,
which also includes implementation;
Maps with the appropriate level of detail
(i.e. land use zone, minimum lot size, heritage item or heritage conservation
area, flood planning map etc.);
Details of the public consultation process.
When a landowner (developer)
or a representative of a landowner requests a rezoning, the relevant planning
authority (Council) can commence the rezoning process. Council then prepares a
planning proposal on condition that the developer carries out any additional
studies (to determine environmental impacts) where needed and pays the required
fees and charges set by Council.
The planning proposal is
forwarded to the Department of Planning and Environment to determine on behalf
of the Minister for Planning, whether the Planning Proposal should proceed and
under what conditions. This process is called the Gateway determination process.
LEPs are assessed based on
their complexity and likely impact. The
Gateway determination process allows for early consideration and assessment. It
also provides for the preparation of any supporting documents (studies where
needed) to ensure that information is provided at the appropriate stage of the
A relevant planning
authority can vary a planning proposal at any time during the LEP process. Any
variation to the proposal must be provided to the Minister for Planning. A
planning proposal can also be withdrawn at any time.
Community consultation forms
an important part of the LEP amendment process and must be meaningful to ensure
the community is informed. The community consultation process includes:
Making the planning proposal publically
available during the consultation period;
Providing opportunity for any person to make written submissions on
Councils Making Submission webpage to Council (Note: Council or other relevant
planning authority cannot vary any part of an amending LEP that is mandatory under
the Standard Instrument – Principal Local Environmental Plan;
Council or the Relevant Planning authority
can determine whether or not to make submissions public.
consultation the LEP amendment proposal is then forwarded to NSW Parliamentary Counsel’s Office for formal drafting
of the LEP. The Planning Proposal sets out the intention of the LEP and
Parliamentary Counsel’s Office ensures that intention is legally drafted.
Parliamentary Counsel’s Office then forwards the draft Amendment to the
Minister for Planning for final approval.
Once finalised the amendment
to the Singleton LEP is published on the NSW Legislation website (www.legislation.nsw.gov.au) in the
As Made section for EPIs (Environmental Planning Instruments) and then
incorporated into the Principal Plan (the Singleton LEP 2013).