Last week, the Planning Department released a new guide to making and amending Local Environmental Plans (LEP), which replaces the December 2021 version.

The guide provides a detailed explanation of the steps of the LEP making process to assist and guide councils, communities, State government agencies, proponents and practitioners.

As changes to land use zones or planning controls are proposed, this often requires an amendment to the relevant LEP applying to that land. Amendments to LEPs are generally undertaken through the preparation and assessment of planning proposals.

The guideline explains the LEP making process, which we set out below.

Stage 1 – pre-lodgment: This stage involves an early analysis of the development potential of the relevant land, including key environmental site constraints, review of the strategic planning framework, obtaining advice from and consulting with the relevant authorities and identifying study requirements to underpin a planning proposal.

Stage 2 – planning proposal: Where a planning proposal has been initiated by a proponent (e.g. private developer), the relevant council is to review and assess the planning proposal and decide whether to support and submit it to the Planning Department for gateway determination. On the flip side, where a planning proposal has been initiated by a council, that council is to prepare the planning proposal and submit it to the Planning Department for gateway determination. A proponent may request a rezoning review if a planning proposal is not supported by the relevant council or no decision is made within 115 days for complex proposals or 90 days for all other types of proposals.

Stage 3 – gateway determination: This is where the Planning Department assesses the strategic and site-specific merit of a planning proposal and issues a gateway determination specifying if the proposal should proceed and whether consultation with authorities and government agencies is required. A proponent may request a review of a condition or determination within 42 days of receiving gateway.

Stage 4 – post-gateway: This is where the planning proposal authority reviews the gateway determination and actions any required conditions prior to public exhibition. Council is generally the planning proposal authority. In circumstances where council has not initiated or progressed a planning proposal, the Minister for Planning and Public Spaces has power to direct the Planning Department’s Secretary or an independent planning panel to be the planning proposal authority.

Stage 5 – public exhibition & assessment: This is where the community, key authorities and government agencies are consulted on the proposal.

Stage 6 – finalisation: This stage involves the final assessment of the proposal and if it is supported, the Parliamentary Counsel is briefed to draft the relevant amended LEP. Once finalised, the LEP is made, notified and comes into effect.