Planning proposal process

The pre-lodgement stage of a planning proposal is the important first step of the LEP making process. A proposal’s early alignment with the strategic planning framework can reduce time and cost later in preparing the planning proposal and amending the LEP.

Council requests all proponents to submit a scoping proposal (as per the Guidelines) which enables Council to provide informed and clear advice in relation to the proposal.

The following key steps occur during Stage 1:

• Proponent submits a scoping proposal.
• Council reviews the scoping proposal, receiving referrals from relevant agencies to inform its assessment.
• Council provides its written advice to the proponent, clearly outlining whether the proposal is supported or not. If it is supported, Council will identify requirements for Stage 2.
• Pre-lodgement meeting(s) held between Council and the proponent to discuss the proposal and Council’s advice.

What you need:

Proponents wishing to submit a scoping proposal must contact Council to discuss the requirements. If you have any questions in relation to this Stage, please contact the Strategic Planning team on 1300 292 442.

Scoping Proposals must be submitted to council@wagga.nsw.gov.au

The preparation and lodgement of the planning proposal is a key step in the LEP making process. The following information should be read in conjunction with the Planning Proposal Preparation Guide

The planning proposal is the document prepared by the proponent that outlines:

• the controls they wish to change
• the impacts the changes will have; and,
• how they intend to manage those impacts.

Critically, the planning proposal sets out the strategic and site-specific merit of the proposal – that is, how the proposal aligns with the strategic plans Council has in place (such as the Local Strategic Planning Statement) and what about the site itself makes it suitable for the proposal.

The planning proposal is lodged via the NSW Planning Portal to be assessed by Council. Council’s assessment and recommendation will be considered at a Council Meeting, who will resolve to either support or not support the proposal.

The following key steps occur in Stage 2:

• Proponent prepares a planning proposal.
• Proponent lodges the planning proposal on the NSW Planning Portal.
• Council receives the planning proposal and conducts an assessment of it.
• Council staff prepare a report and recommendation to be considered by councillors.
• Councillors resolve to either support or not support the proposal.
• If the proposal is supported, the planning proposal will be taken over by Council and forwarded to the Department of Planning and Environment for Stage 3.
• If the proposal is not supported, the proponent will be informed, and no further action will be taken by Council.

What you need:

Proponents must follow Section 2 of the Local Environmental Plan Making Guidelines in the preparation of a planning proposal.

Planning proposals must be submitted via the NSW Planning Portal.

Fees:

Council’s Fees and Charges outline the fees payable, depending on the category of planning proposal lodged. Council can provide a fee quote prior to lodgement, if required.

Rezoning Review

A rezoning review is available to proponents if Council decides not to support a planning proposal. A rezoning review allows a proponent to request that an independent planning panel evaluate the planning proposal and recommend to the Minister whether the proposal should progress to Gateway Determination (Stage 3).

This can only occur after the planning proposal has been lodged with Council and Council has:

• Notified the proponent in writing that it does not support the proposal; or
• Failed to indicate its support for the planning proposal within 90 or 115 calendar days (depending on the planning proposal category) of the proponent lodging the planning proposal; or
• Failed to submit the planning proposal for Gateway Determination within 28 calendar days after it has indicated support.

A fee for a rezoning review request applies and is paid directly to the Department of Planning and Environment. Where a rezoning review is recommended to proceed to Gateway and the planning panel or Planning Secretary is appointed as the Planning Proposal Authority, an additional fee applies.

The Department’s Rezoning Review provides more information.

The Gateway Determination is a key assessment point for the planning proposal and is undertaken by the Department of Planning and Environment. DPE will review the strategic and site-specific merit of a proposal and determine whether the planning proposal should proceed. The Gateway Determination is a checkpoint in the process to ensure that planning proposals without strategic merit are stopped before resources are committed.

The Gateway Determination is undertaken by DPE. Even if Council has supported the proposal and sent it to DPE for the Gateway Determination, DPE may choose not to support the proposal. This is beyond the control of Council.

The proponent is unlikely to be involved in this stage, unless DPE requires additional information relating to the proposal. If everyone agrees with the Gateway Determination, the proposal moves on to Stage 4.

Gateway Review

A proponent (or Council, but only in certain circumstances) may request that the Minister or delegate alter a Gateway Determination where the proponent and/or Council disagrees with the determination or the conditions of the determination and seeks to alter this decision.

Specifically, this review may be requested when a Gateway Determination:

• States the planning proposal should not proceed.
• Requires that the planning proposal should be altered and re-submitted to which the proponent or Council thinks this should be reconsidered.
• Imposes conditions (other than consultation requirements) in the Gateway Determination or imposes conditions that requires variation to the proposal, which a proponent and/or Council thinks should be reconsidered.

The proponent or Council is recommended to first contact the Department of Planning and Environment to discuss any concerns about the Gateway Determination before deciding to request a formal review.

This stage is the opportunity for the Planning Proposal Authority (generally Council) to review the planning proposal and action conditions of the Gateway Determination prior to public exhibition.

If the Gateway Determination requires additional studies to be undertaken, consultation with authorities and government agencies or finalising a development contributions plan, those requirements will be undertaken by Council during this stage.

Once these requirements have been met, the updated planning proposal will be reviewed by the Department of Planning and Environment. If DPE is happy with the outcomes, the planning proposal will progress to public exhibition (Stage 5).

Community participation and public exhibition is integral in the LEP making process. Consultation gives the community and government agencies a say on the merits of proposals prior to any final decision being made.

All planning proposals on exhibition will be available on the Connect Wagga page, where anyone can lodge a submission. Documents can also be inspected at the Civic Centre (corner of Baylis and Morrow Streets, Wagga Wagga NSW 2650).

The timeframes for exhibition will be different depending on the category of planning proposal, however, the Connect Wagga page will always provide the exhibition dates.

In some instances, the proponent may be asked to provide a response to the submissions.

Once exhibition is completed, the Planning Proposal Authority (generally Council) should evaluate, assess and address any comments and concerns. Based on this evaluation, the Planning Proposal Authority should then determine whether the LEP should be made in accordance with the planning proposal.

Council will report its final decision to a Council Meeting, where councillors will make a final consideration of whether to support or not support the planning proposal. If the proposal is supported, it will be forwarded to the Department of Planning and Environment for finalisation.

This is the last stage in the LEP making process and generally leads to making of the LEP amendments, unless the proposal is not supported.
By the end of this stage, the updated LEP will be made, notified and come into effect for the property. From the point of notification, the updated controls will apply to the property.

The proponent is not involved in this final stage.