The most common process of creating Local Environmental Plans (LEPs) starts with a planning proposal, which in most cases is initiated by either local council or another body for example a developer. Should the local council support the planning proposal it is DPIE for assessment.
Should DPIE support the application it then receives a Gateway Approval. The Gateway Approval will include a list of requirements that need to be met which may include amendments to the application, additional reports or exhibition procedures.
Once the requirements have been met, which will include the public exhibition of the planning proposal and inclusion of any relevant changes, the planning proposal will be again submitted to the DPIE for final determination.
Should DPIE support the application it will be drafted into a legal document and made law/gazetted which includes notifying the LEP on the NSW Government Legislation website.
A Rezoning Review allows the applicant to request an independent body review a request for a planning proposal prior to a Gateway determination being issued. Rezoning Review are determined by independent bodies, for example a Planning Panel. A review would usually take place if the local council:
- has notified the applicant that the planning proposal is not supported;
- has failed to submit a planning proposal for a Gateway determination within a reasonable time from resolving to support the proposal; or
- has not completed the assessment of the planning proposal within 90 days.
Online Planning Proposals Service
The Department has created a new digital service to enable the online assessment and determination of Planning Proposals. Currently this service is available in the Eastern Harbour City, Western NSW, Northern NSW and Sydney Western regions. It will be rolled out across NSW during the first quarter of 2021.
Please visit the new service to view active cases in the Eastern Harbour City, Western NSW, Northern NSW and Sydney Western regions.
To view all other active cases please visit the existing LEP Online website and click on Current Proposals.
Online Rezoning Review
To view LEPs that are currently being amended or have been referred to a Planning Panel please visit the Online Rezoning Review website.