AMENDING THE LOCAL ENVIRONMENTAL PLAN
What is a Local Environmental Plan (LEP)?
A Local Environmental Plan (LEP) guides planning decisions for a local government area and comprises of a written instrument and associated maps. The zones and development standards, stipulates whether development is permissible, subject to restrictions such as height, minimum lot size or floor space controls or whether consent of Wagga Wagga City Council (Council) is required.
A LEP is prepared in accordance with the Environmental Planning and Assessment Act 1979, and Environmental Planning & Assessment Regulations 2000.
What is a planning proposal?
A planning proposal is a document that requests permission to amend Council’s Local Environmental Plan, known as the Wagga Wagga Local Environmental Plan 2010. A planning proposal may be a request to alter land uses through rezoning and or amend the development standards, such as height of building, floor space ratio, heritage, additional permitted uses or other clauses.
A planning proposal is the first step in making an amendment to the LEP through the Department of Planning and Environment Gateway Process.
Types of planning proposals
Minor LEP Amendment – These are low complexity applications. This could be a planning proposal that reduces the minimum lot size for one lot.
Medium LEP Amendment – These are medium complexity applications. This could be a planning proposal that rezones several properties.
Major LEP Amendment – These are complex applications that require considerable assessment. This could be a planning proposal that rezones a relatively large area.
What is the first step when preparing a planning proposal?
The first step is to speak to Council Staff to receive advice prior to considering the preparation of a planning proposal.
Preparing and submitting a planning proposal
What to include in a planning proposal?
A planning proposal must include:
- Objectives and intended outcomes
- How the LEP will be amended
- Justification of the objectives and outcomes, and how they will be implemented
- Maps to show the intent of the planning proposal and the area that applies
- Information about community consultation
- Project timeline.
A planning proposal must be prepared in accordance with Section 55 of the Environmental Planning and Assessment Act 1979, and the Department of Planning and Environment's Guide to Preparing Planning Proposals.
1. Application Form
Anyone wishing to amend the LEP must complete Council's Application to amend Local Environmental Plan & Development Control Plan and provide supporting information as outlined in the attachment to Application to amend Local Environmental Plan.
You will need to complete the planning proposal checklist.
3. Submitting Your Application
Prior to lodging your application you will need make an appointment with Council Staff to ensure that your application is checked and that sufficient information has been provided prior to loding. Council Staff may be contacted on telephone 1300 292 442.
4. Fees & Charges
Council’s fees and charges will vary depending on the complexity of the application. Council staff will confirm the fees prior to lodgement. For a detailed breakdown of the fees and charges, refer to the attached schedule
Council considers each planning proposal on its merits. Not all applications are supported and even if Council supports an application, it doesn’t mean that the proposal or rezoning will proceed. If Council resolves to support a proposal to rezone, the planning proposal is then forwarded to the Minister for Planning for "Gateway Determination".
The purpose of a Gateway determination is to ensure there is sufficient justification to proceed with a planning proposal. The Gateway determination is a checkpoint in the process to ensure that those planning proposals without strategic planning merit are stopped before resources are committed. The Gateway Determination will indicate the following:
- whether or not the planning proposal should proceed, with or without variation;
- whether any specialist studies are required;
- whether the planning proposal should be resubmitted or revised;
- the community consultation requirements before the proposed instrument is made;
- if any consultation is required with state or Commonwealth agencies;
- whether a public hearing needs to be held;
- the time frames for the various stages of the proposal;
- whether Council is delegated with plan making functions.
The attached flowchart outlines the steps in the Gateway process.
Review of Gateway Determination
The proponent or Council may request that the Gateway Determination be reviewed. Council or the proponent may request that Gateway Determination be altered if the Gateway determines that a planning proposal should not proceed; the planning proposal should be resubmitted for Gateway Determination or if imposed requirements should be reconsidered. The proponent or Council may request a review of the Gateway Determination within 42 days.
For further information refer to the Department’s A Guide to Preparing Local Environmental Plans.
Council will be advised through the Gateway Determination whether the planning proposal needs to be exhibited. Generally, planning proposals are exhibited for 14 or 28 days. A notice is placed in the local newspaper, adjoining and affected land owners are notified and a copy of the draft planning proposal, the Gateway Determination and a fact sheet that summarises the planning proposal is placed on Council’s website and made available at Council’s Customer Service.
Planning proposals of major complexity will be subject to additional public consultation prior to the Gateway Determination and this could occur in a number of ways. Mechanisms include, but are not limited to, notices to adjoining land owners, newspaper advertisements and/or public meetings. For less complex planning proposals the proposal will be formally exhibited as specified by the Gateway Determination and as explained above.
Under Section 73A of the Environmental Planning and Assessment Act 1979, some minor changes (such as misdescriptions of property or incorrect map references) to the Council LEP can be made without public exhibition if the Minister agrees. Amendments may also be made without public exhibition that the Minister considers will not have any significant adverse impact on the environment or adjoining land.
Any individual, organisation or group can provide comment on the proposed amendment. Comments must be made in writing, either via letter or e mail to the City of Wagga Wagga. A report is then prepared to Council where the submissions are considered. You will be advised when Council is considering the matter and you will be notified of the outcome. The Council report includes a recommendation whether or not to adopt the amendment.
Where Council has delegation, Council requests Parliamentary Council to prepare the draft instrument. After Council’s General Manager signs the draft instrument and the map cover sheet, Council then requests the Department to notify the plan.
Planning proposals lodged with the Gateway system are available on the Departments LEP Tracking System. The Minister (or delegate) approves the plan becomes law and is published on the NSW Legislation Website.
For any further information, please see the Department of Planning and Environment website.