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How are LEPs and DCPs amended?

This page provides you with an overview on how LEPs and DCPs are amended by Council and how you can view or make comment on amendments that are proposed to LEPs and DCPs.
 

Current draft amendments

Details of draft planning controls that have been placed on exhibition will be found on Council's pmhclistening.com.au website. Usually they will not be updated with post-exhibition revisions.
 

Local Environmental Plans (LEP) amendments

There is a strict procedure under State legislation and requirements from the NSW Department of Planning and Environment (DP&E) relating to the preparation of amendments to LEPs. Further information can be found on the Department’s website - Planning your Local Area. (See link below)
 
The key document is a Planning Proposal that must contain the following components:
• Part 1 – A statement of the objectives and intended outcomes of the proposed instrument
• Part 2 – An explanation of the provisions that are to be included in the proposed instrument
• Part 3 – The justification for those objectives, outcomes and the process for their implementation
• Part 4 – Maps, where relevant, to identify the intent of the planning proposal and the area to which it applies
• Part 5 – Details of the community consultation that is to be undertaken on the planning proposal
• Part 6 – The project timeline.
 

Steps to amend a LEP

The process to amend the LEP can be initiated by anyone (see below) or it can be by Council when implementing an adopted strategy or to refine LEP provisions.  Broadly the steps are:
  1. Staff assessment within the framework required by the State Government.
  2. Reported to Council and decision made on whether to support.
  3. Planning Proposal submitted to DP&E Local Planning Panel for a “Gateway determination”, which determines which subsequent steps are appropriate and on whether some final steps will be delegated to Council.
  4. Consultation with relevant public authorities.
  5. Public exhibition, usually for a minimum of 14 or 28 days.
  6. Review of submissions by Council, and decision on any changes.
  7. Final checks, involving liaison with the Parliamentary Counsel’s Office for precise legal drafting, and with the DP&E.
  8. Approval of the LEP amendment by the Minister’s delegate (an officer of DP&E or possibly a senior Council officer).
  9. Publishing of the LEP amendment on the NSW Legislation website.
For the legal requirements, refer to Part 3 (especially sections 24-36 & 53-74A) and section 117 of the Environmental Planning and Assessment Act 1979 and Part 2 (ie clauses 9-15A) of the Environmental Planning and Assessment Regulation 2000. (See links below)
 

Development Control Plans (DCP) amendments

The preparation and adoption of DCPs and DCP amendments is entirely at Council’s discretion - subject to compliance with legislative requirements.
A person may prepare and submit a DCP (amendment) to Council:
  • where the LEP requires that relevant DCP provisions be in place prior to development being approved (eg refer to clause 6.3 of LEP 2011), or
  • to seek modification to DCP provisions.
The legislation places restrictions on the scope of DCP provisions, and requires a public exhibition period of at least 28 days.
For the legal requirements, refer to Division 6 of Part 3 (ie sections 74B-74F) of the Environmental Planning and Assessment Act 1979 and Part 3 (ie clauses 16-25AD) of the Environmental Planning and Assessment Regulation 2000. (See links below)
 

How to apply for a LEP or DCP amendment

The key points to cover in applying for an amendment to the LEP or DCP are:
  1. Discuss your proposal with Council officers initially, and again prior to formal submission of your application, to ensure that the application contains the relevant information.
  2. Payment of fees can be required - refer to Council’s Fees and Charges.  The fee amount is linked to the nature and scale of the matter.  For requests to amend the LEP the fee is paid in stages linked to progress.
  3. A formal request to Council to initiate the making of a LEP or DCP (amendment) triggers a requirement to disclose “reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing 2 years before the application is made and ending when the application is determined” - refer to Political Donations or Gifts.  This does not apply to requests made by or on behalf of a public authority.
 

Making a comment on a LEP or DCP amendment 

The key points to cover when you are providing feedback by way of making a submission on an exhibited draft LEP or DCP are:
  1. The proposed LEP or DCP amendment may facilitate a specific proposal, but there is no certainty that such a proposal may eventuate. A different proposal could be subsequently approved. Focus on whether the draft LEP or DCP provisions adequately address your concerns - discussing them with relevant Council officers may provide better understanding of the scope for improvements in the draft provisions.
  2. Ensure that the submission is received by Council by the closing date, and include Council’s reference.
  3. Except as mentioned below, a submission on a LEP or DCP (amendment) exhibition triggers a requirement to disclose “reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing 2 years before the submission is made and ending when the application is determined” - refer to Political Donations or Gifts.  This does not apply to applications made by or on behalf of a public authority.

This page was last updated on: 29 July 2016