Local Environment Plan Applications

Before making an application to Council for an amendment to the Local Environmental Plan (LEP) applying to the local government area of the Council, it is recommended that persons attend a pre-lodgement meeting with Council’s strategic planners to discuss the proposed changes to the LEP and any associated or consequential Development Control Plan changes.

Pre-lodgement meetings allow applicants to discuss the nature of their proposal and gain a better understanding about the process and required documentation in support of their application.

Pre-lodgement meetings are held on a Wednesday morning at 9:30am, 10:30am and 11:30am.  For details about what information should be submitted prior to your pre-lodgement meeting, please refer to Council’s Pre-Lodgement Meeting fact sheet.

To request a pre-lodgement meeting, please complete the Pre-Lodgement Meeting request form and return to council@singleton.nsw.gov.au . 

Initial consultation with council staff will provide an understanding of the issues that need to be addressed in a LEP amendment request.

Given the complexity of the Local Environmental Plan (LEP) amendment process, it is advisable for LEP amendment applications to be prepared by a qualified town planning consultant, although this is not a legal requirement. In order to lodge a proposal to amend the LEP, applicants must:

• Lodge a completed Pre-Gateway Review of LEP Amendment Request form
• Lodge the completed documentation required to be submitted with the Pre-Gateway Review of LEP Amendment Request form
• Pay the ‘Pre-gateway review of LEP amendment request’ fee in accordance with Council’s adopted fees and charges schedule.

Applications to amend the LEP should be carried out in accordance with:

• Environmental Planning and Assessment Act 1979 (sections 3.31-3.37 - in particular section 3.33(2), which prescribes the basic content)
• Environmental Planning and Assessment Regulation 2000 (Part 2)
• A Guide to Preparing Planning Proposals (NSW Department of Planning and Environment)
• Ministerial Directions under Section 9.1 of the Environmental Planning and Assessment Act 1979

Applicants can send the amendment request form and associated documents to council@singleton.nsw.gov.au or lodge the application in person at the Council's administration centre.

Application fees may be paid via phone, credit card or cheque. If you are wishing to pay over the phone, please contact Council's Customer Service Team to arrange for payment.

A staged fee system applies to LEP amendment applications. Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in an invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.

If you need assistance with the lodgement of your application, you can contact Council’s Duty Planner between 8.30am and 12pm or Customer Service between 8.30am and 4.30pm.

Resources to assist in the preparation of an LEP amendment application can be found below:

• Local Planning and Zoning Resources for practice notes, planning circulars and model clauses.
• Local Environment Plan 2013
• Local Environmental Plan (LEP) Amendment Proposal Lodgement Matrix

The Pre-Gateway Review process is an initial step in processing requests made to Council to amend a Local Environmental Plan (LEP). Council's strategic planners will carry out this process.

The outcome of this process is formal advice from Council on whether the proposal to amend the LEP:

• Is considered to have merit for processing; or
• Is NOT able to be supported.

Once a request for a pre-gateway review has been lodged with Council, it will generally proceed through the following process (timeframes are indicative only):

• Documents registered into Council’s record keeping system, acknowledgment letter sent to applicant and request allocated to processing officer for review (generally within 10 business days of initial lodgement);
• Processing officer inspects the site subject of the LEP amendment request and reviews the LEP amendment proposal against relevant legislation, strategies, planning directions and guidelines to determine whether the proposal contains sufficient information to demonstrate strategic merit and compliance with the legislation, strategies, planning directions and guidelines;
• Processing officer issues written advice to the applicant (generally within 40 business days of being allocated the LEP amendment request).

Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in the invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.

If Council has issued written advice that it does not support a LEP amendment request, the applicant may either:

• Lodge a new application with Council with a revised or updated proposal. The revised request will incur the “Pre-gateway review of LEP amendment request” fee and require lodgement of a new lodgement form and submission of a new set of supporting information; or
• Lodge an application for an independent pre-gateway review of the LEP amendment proposal directly to the NSW Department of Planning and Environment. Further information about the associated fees and lodgement process can be obtained from the NSW Department of Planning and Environment's website.

If Council has not issued written advice to the applicant (as identified on the lodgement form) within 90 days of receiving a pre-gateway review request, the applicant may:

• Contact Council to determine why written advice has not been issued; or
• Lodge an application for an independent pre-gateway review of the LEP amendment proposal directly to the NSW Department of Planning and Environment .

You can track your application on Council’s tracking site. 

Following the Pre-Gateway review process, Council may prepare a formal planning proposal.

Progressing to the planning proposal stage is able to occur if Council has issued (current) written advice confirming that the Local Environmental Plan (LEP) amendment proposal is able to be supported or if the Council has been directed by the NSW Department of Planning and Environment, to prepare a formal planning proposal, as a result of an independent pre-gateway review of the LEP amendment proposal.

A planning proposal is a technical document prepared by Council, which explains the intended outcomes of the proposed LEP amendment, provides strategic justification for the amendment and includes supporting documentation, such as maps, studies and photos to demonstrate compliance with relevant legislation, strategies, planning directions and guidelines as well as evaluate potential environmental impacts of the proposal.

Planning proposals are required to be prepared in accordance with:

• Environmental Planning and Assessment Act 1979 (i.e. Sections 3.31-3.37)
• Environmental Planning and Assessment Regulation 2000 (i.e. Part 2)
• A Guide to Preparing Planning Proposals (NSW Department of Planning and Environment)
• Relevant State Environmental Planning Policies
• Ministerial Directions under Section 9.1 of the Environmental Planning and Assessment Act 1979

A planning proposal must include the following:

• A statement of objectives and intended outcomes of the proposal
• An explanation of the provisions that are to be included in the amendment to the LEP
• A justification of the objectives and outcomes, including the process of how these are to be implemented
• Maps (where relevant), to identify the intent of the planning proposal and the area to which it applies
• Details of the community consultation that will be undertaken
• Project timeline

The progress of LEP amendment applications can be viewed using Council’s tracking site.

Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in the invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.

A Gateway Determination is a formal document issued by the Minister for Planning and Environment (or delegate). Gateway determinations will usually indicate the following:

• Whether the planning proposal should proceed (with or without variation)
• Whether any studies are required and if necessary the scope of these additional studies
• Whether the planning proposal should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal)
• Requirements for any community consultation that is required before consideration can be given to the making of the Local Environmental Plan (LEP) amendment
• Any consultation required with state or Commonwealth authorities
• Whether a public hearing is to be held into the matter 
• The times within which the various stages of the process for making of the proposed LEP are to be completed, and
• Whether the function of making the LEP is to be exercised by the Minister or delegated to the Relevant Planning Authority (RPA).

The Gateway Determination process is a process administered by the NSW Department of Planning and Environment and provides a checkpoint for planning proposals before resources are committed to carrying out investigative research, preparatory work and consultation with agencies and the community. It enables planning proposals that lack sufficient strategic planning merit to be stopped early in the process before time and resources are committed.

An initial request for Gateway Determination is sought following the Council’s preparation of a formal planning proposal and payment of associated processing fees. At this point in the process, the planning proposal is forwarded to the NSW Department of Planning and Environment to determine whether the Planning Proposal should proceed and under what conditions.

A council or proponent may request the Minister (or delegate) alter a Gateway determination when a Gateway Determination is made that:

• The planning proposal should not proceed
• The planning proposal should be resubmitted to the Gateway
• Imposes requirements (other than consultation requirements) or makes variations to the proposal that the proponent or council thinks should be reconsidered.

These post-Gateway reviews apply only if the original Gateway determination was made by a delegate of the Minister.

Once a planning proposal is forwarded to the Minister (or delegate) by the RPA for a Gateway determination, it is entered into the Department’s online register of planning proposals where the progress of the planning proposal is monitored.  You can also track your application on Council’s tracking site.

Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in the invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.

Where a Gateway Determination has given support for a planning proposal to proceed through the Local Environmental Plan (LEP) amendment process, it will usually indicate the following in regard to public consultation:

• Any consultation required with State or Commonwealth authorities
• The community consultation required (including minimum timeframes for public exhibition) before consideration is given to the making of the proposed instrument
• Whether a public hearing is to be held into the matter 

Public exhibition of the planning proposal is generally undertaken in the following manner:

• Notification in a newspaper that circulates in the area affected by the planning proposal
• Notification on Council's website
• Notification in writing to adjoining and adjacent landowners, unless the planning authority is of the opinion that the number of landowners makes it impractical to notify them.

Council can undertake additional consultation if this is deemed appropriate or necessary. This may include, but is not limited to, broad consultation by letter, workshops or public forum(s).

During the exhibition period, the following material must be made available for inspection:

• The planning proposal, in the form approved for community consultation by the Gateway determination
•  The Gateway determination
•  Any documentation or technical information relied upon by the planning proposal

If you would like to make a submission on an exhibited planning proposal/LEP amendment proposal, your submission should include:

• The name and address of the person(s) making the submission
• The Council file reference as identified on the exhibition notice
• A statement on whether the person(s) lodging the submission supports or objects to the LEP amendment as described by the planning proposal; and
• The reasons for the objection/support.

Submissions must relate to the planning proposal being exhibited and must not contain comments which could be considered or construed as slanderous. They must reach Singleton Council by close of business on the last day of the exhibition period and must be addressed to:

General Manager
Singleton Council
PO Box 314
SINGLETON NSW 2330
E: council@singleton.nsw.gov.au

The community consultation is complete only when Council has considered any submissions made concerning the proposed LEP and the report of any public hearing into the proposed LEP.

Council can decide to conduct a public hearing into any issue associated with a LEP amendment. Where the LEP amendment is to reclassify community land, Council is obligated by the Local Government Act 1993 to hold a public hearing.

You can view any amendments to the Singleton Local Environmental Plan currently on exhibition on Council’s exhibition webpage.

You can track your application on Council’s tracking site, or alternatively you can access the NSW Department of Planning & Environment tracking system for planning proposals .

Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in the invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.

Following completion of the exhibition period for a planning proposal, Council undertakes a review of any submissions that have been received in relation to the proposal and issues raised are taken into consideration in finalisation of the proposal. Council staff then prepare a report to a formal Council meeting.

The Council report for finalisation of a planning proposal will generally explain the findings from the consultation process and make a recommendation on how to proceed in terms of the proposed LEP amendment. Council will either support the proposed recommendation or will decide not to support the recommendation.

You can track your application on Council’s tracking site, or alternatively you can access the NSW Department of Planning & Environment tracking system for planning proposals .

Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in the invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.

Where the Council has resolved to support finalisation of a planning proposal and the making of an associated Local Environmental Plan (LEP) amendment, the proposal is then forwarded to NSW Parliamentary Counsel’s Office for formal drafting of a legal amending instrument.

The legal instrument gives effect to the planning proposal by amending the LEP. The planning proposal sets out the intention of the LEP amendment and Parliamentary Counsel’s Office ensures that the intention of the planning proposal is reflected in the instrument that is drafted.

Once Parliamentary Counsel’s Office has drafted a legal amending instrument, it will usually be checked by either the NSW Department of Planning and Environment, Council or both and revised if necessary.

Prior to the LEP amendment being made, Council may also need to finalise draft technical LEP maps, prepared in accordance with the NSW Department of Planning and Environment’s Standard Technical Requirements for spatial datasets and maps . Final maps must be reviewed and approved by the NSW Department of Planning and Environment’s mapping section prior to any finalisation of an associated LEP legal amending instrument.

Where the plan-making functions of the Minister for Planning and Environment have been delegated to Council, Council will be able to lodge the legal instrument and approved technical maps for making of the LEP amendment. This requires a report to be prepared by Council pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979.

Where Council has not been delegated functions to make the LEP amendment or has chosen not to exercise the functions if so delegated, then the NSW Department of Planning and Environment will be responsible for lodgement of the legal instrument, approved technical maps and report for making of the LEP amendment.

Once finalised, LEP legal amending instruments are published on the NSW Legislation website and the associated changes incorporated into the relevant LEP.