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Information on how to prepare a proposal to amend a portion of the Bega Valley Local Environment Plan 2013 (BVLEP 2013).
A change to planning zones or controls to permit new development and land uses require an amendment to the Local Environmental Plan (LEP).
The preparation of a planning proposal is the first step in making an amendment to a LEP. A planning proposal is a document that explains the intended effect of, and justification for, a proposed amendment to a Local Environmental Plan.
The NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline (2023) provides guidance on the requirements of a planning proposal.
A planning proposal must have both strategic merit and site-specific merit and be justified.
The process for the preparation and assessment of a planning proposal differs for each proposal according to the complexity. The Department of Planning and Environment have released benchmark timeframes where they are consistent with the state government’s strategic planning framework:
Category of Planning Proposal | Example of category | Expected Timeframe |
---|---|---|
Basic | To correct administrative errors; to list a local heritage | 220 days |
Standard | To change land use zone; altering principle development standards; additional permitted land uses | 320 days |
Complex | Changes that would result in a significant increase in demand for supporting local; regional or State infrastructure; respond to a new policy; inconsistent with a Regional Plan or Local strategic planning | 420 days |
The NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline (2023) provides a detailed explanation of the steps of the LEP making process.
The pre-lodgement stage is required to provide early feedback to an applicant about the strategic and site-specific merits of a proposal and the supporting studies required for a proposal. This stage enables an applicant to gain feedback from Council and relevant state government agencies prior to formal lodgement of a planning proposal.
The planning proposal stage is where an applicant prepares and lodges a planning proposal. Council officers review and assess the planning proposal and decide whether to recommend that Councillors support and submit it to the Department of Planning and Environment for a Gateway determination.
Please find a copy of ‘Attachment C’ here that are referred to in the guidelines.
The Department of Planning and Environment assesses the strategic and site-specific merit and justification of a planning proposal and issue a Gateway determination specifying if it should proceed and the community consultation requirements.
In the post Gateway determination stage, Council officers review the determination and ensure any required conditions have been actioned prior to public exhibition. If the Gateway determination requires additional studies or information, the applicant will be required to produce these studies or information in accordance with the directions of the Gateway determination.
In this stage, Council will consult with the community and refer the proposal to state government or commonwealth public authorities as per the Gateway determination. Public exhibition of a planning proposal can be viewed on Council’s website under the section ‘have you say’ or on the planning portal
During the public exhibition period the community can make a submission concerning the proposal. Council can provide a copy of submissions to the applicant to provide a response, or any additional supporting information required.
All submissions received during the public exhibition period will be considered as part of the assessment process. Council is not bound to adopt or support a submission. Any substantial changes to the planning proposal as a result of submissions will be required to be reported to Council to progress the proposal.
A public hearing may also be arranged, if the issues raised in the submissions are considered by Council to justify a hearing, and a report will be prepared and made public.
In the post Gateway determination stage, Council officers review the determination and ensure any required conditions have been actioned prior to public exhibition. If the Gateway determination requires additional studies or information, the applicant will be required to produce these studies or information in accordance with the directions of the Gateway determination.
A Political Donation and Gift Disclosure is required when a planning proposal is formally lodged on the planning portal. Under s147 of the Environmental Planning & Assessment Act 1979, all relevant political donations and gifts must be disclosed by individuals or entities with a relevant financial interest when a planning application is made.
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PO Box 492
Bega NSW 2550
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Australia
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