Amending the LEP

 

Amending local environmental plans (LEPs) starts with a planning proposal, which describes the outcome and justification for an LEP amendment.  For example, a Planning Proposal can propose to rezone land, change minimum lot sizes, increase or decrease the range of permissible uses for a site or change other development standards that are applicable to a site.  

It is important to note that for Council to support a Planning Proposal and the Department of Planning, Housing and Infrastructure (DPHI) to issue a Gateway Determination, a Planning Proposal must have both strategic merit and site-specific merit.  

 

Strategic Merit

A Planning Proposal must be consistent with the local, regional and state planning strategies. The principal planning strategies applicable to the Tamworth Regional Local Government Area can be found on the Planning Strategies page.  A planning proposal that is unable to satisfy the strategic merit test, is unlikely to be supported by Council despite any site-specific merit it may have.

 

Site-Specific Merit

A Planning Proposal must identify the potential environmental, social, and economic impacts of the proposal and outline proposed mitigation measures and justification.  In this way the planning proposal is to demonstrate that the proposal is suitable for the site and the site is (or can be made) suitable for the resultant development.

 

How is Planning Proposal Initiated?

  1. Contact Council to discuss your proposal.  A pre-lodgement meeting with Strategic Planning Team staff may be arranged;
  2. Review the Department of Planning, Housing and Infrastructure (DPHI) Local Environmental Plan Making Guidelines ;
  3. Prepare a Scoping Report using DPHI's template (Local Environmental Plan Making Guideline Attachment A).  This Scoping Report must address strategic and site-specific merit;
  4. Scoping Report may be referred to external authorities and government agencies.  A scoping meeting may be arranged by Council;
  5. Response to Scoping Report provided by Council;
  6. Prepare your Planning Proposal documents - refer to DPHI’s Supporting Technical Information Guide and Council’s response; and
  7. Submit a Planning Proposal application through the NSW Department of Planning and Environment Planning Portal.
Planning Proposals can be highly complex and technical legal documents, supported by various reports and or studies compiled by planning professionals.  Ideally, Planning Proposals and Scoping Reports are prepared by someone with experience and expertise in the field of strategic planning.

 

What Happens Next?

  1. The Planning Proposal application will be reviewed by Strategic Planning Team;
  2. If the Planning Proposal contains sufficient information, it will be referred to a Council Meeting for a decision;
  3. If supported, Council will submit the Planning Proposal to DPHI for a review, known as a Gateway Determination;
  4. Consultation with the community and stakeholders will occur following referral to, and approval by, DPHI;
  5. Further assessment will be undertaken following the consultation period; and
  6. Both Council and DPHI need to approve the final Planning Proposal.

It’s not guaranteed that a request for an amendment will be ultimately approved by either Council or DPHI.

 

What are Council's fees for a Planning Proposal?

Council fees are payable at the following stages of a Planning Proposal:

  • Stage 1 – Pre-lodgement;
  • Stage 2 – Lodgement;
  • Stage 3 – Submission to the LEP Gateway Panel for determination; and
  • Stage 4 – Exhibition of the Planning Proposal with any amendments by the minister and accompanied by any studies required.

Council’s fees vary depending on the complexity (determined by Council) of the Planning Proposal and can be found in Council’s Fees and Charges.