The preparation of a planning proposal is the first step in making an amendment to the existing local environmental plan (LEP) through the Department of Planning and Environment Gateway Process. A planning proposal is a document that explains the intended effect of, and justification for, the proposed amendment. Under the legislation, Council must prepare and submit a planning proposal to the Department of Planning and Environment for consideration of an amendment to the LEP.
A planning proposal must be prepared in accordance with:
The Gateway process has the following steps:
- Planning Proposal – the relevant planning authority is responsible for the preparation of a planning proposal, which explains the effect of and justification for the plan.
- Gateway – The Minister (or delegate) determines whether the planning proposal is to proceed. This gateway acts as a checkpoint to ensure that the proposal is justified before further studies are done and resources are allocated to the preparation of the plan.
- Community Consultation – the proposal is publicly exhibited. A person making a submission may also request a public hearing be held.
- Assessment – the relevant planning authority considers public submissions and the proposal is varied as necessary. Parliamentary Counsel then prepares a draft local environmental plan – the legal instrument.
- Decision – with the Minister's (or delegate's) approval the plan becomes law and is published on the NSW Legislation Website.
Planning proposals lodged with the Gateway system are available on the Departments LEP Tracking System.
Anyone wishing to amend the LEP must complete Council's Application to amend Local Environmental Plan and provide supporting information as outlines in the attachment to Application to amend Local Environmental Plan.
Council has adopted a policy to prepare two planning proposals to amend the LEP on a twice yearly basis in August and February each year. For inclusion in the August proposal, applications to amend the LEP need to be received and the application fee paid by 31 July of the relevant year and for inclusion in the February proposal, request applications to amend the LEP need to received and fee paid by 31 January of the relevant year.
Pursuant to S29 of the Local Government Act 1993, Council is required to hold a public hearing in respect to a proposal in a draft Local Environmental Plan to reclassify community land to operational land.
LEP Amendment No. 8 - A public hearing was held on Wednesday 24 October 2012 and a Public Hearing Report was prepared by Paul Mullins, Director Development and Environment, Tumut Shire Council.