Formal Planning Proposal
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.