Planning proposals

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; and
• Pre-Lodgement meeting(s) held between Council and the proponent to discuss the proposal and Council's advice. 

Based on advice provided in the pre-lodgement stage of the process, a PP should identify the likely environmental, social, economic and other site-specific considerations of the proposal. The PP is the document prepared by the proponent that outline: 

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

Planning proposals must be submitted using the NSW Planning Portal. 

The following key steps occur in Stage 2: 

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

Gateway determination involves a review by DPHI and is a key assessment point for the PP. DPHI will review the strategic and site-specific merit of a proposal and determine whether the PP should proceed. The gateway determination is essentially a check point in the process to ensure that PP's without strategic merit are stopped before resources are committed. 

Even if Council has supported the proposal and sent it to DPHI for Gateway determination, DPHI may choose to not support the proposal. 

A gateway determination that specifies a proposal should proceed, does not guarantee that the proposed LEP will be made. The gateway determination may identify the requirement for any additional information, revisions, studies or targeted consultation to occur with authorities or government agencies and other stakeholders prior to public exhibition. 

Gateway Review

A proponent may request that the Minister or delegate to alter a gateway determination where the proponent and/or Council disagrees with the determination or the conditions of the determination and seek to alter this decision. 

 A gateway review may be requested when a gateway determination:

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

After the gateway determination, the Planning Proposal Authority (PPA) - Council, will review the PP's determination and conditions. 

The gateway determination may require additional information, revisions, studies or targeted consultation to occur with authorities or government agencies and other stakeholders before public exhibition. 

Once the PP conditions are addressed (if required) and updated, the proposal can now be publicly exhibited for community consultation. 

Public exhibition and community consultation allows for a say on merits of the proposal prior to finalisation. 

The gateway determination will specify the duration and extent of public exhibition required. The recommended period of public exhibition, based on the category of PP, are as follows: 

PP's will be placed on exhibition on Councils Have Your Say webpage, in the Planning Portal and in writing to affected and adjoining landowners unless this is impractical and therefore not required as part of the gateway determination. 

All submissions received during the public exhibition period will be reviewed and considered whether the proposal should be amended. Information on submissions can be found on Councils Have your Say webpage. 

After exhibition, Council will review the PP along with all the submissions and undertake any changes. Council will prepare a recommendation for the final consideration of whether to support or not support the PP. The recommendation will be reported to the Councillors at the next upcoming Council meeting that follows. 

I Council have resolved to support the PP, Council staff will liaise with DPHI to amend the LEP. 

The PP is given legal effect and formally concluded when the LEP is amended. The LEP amendment takes legal effect on the date it is notified on the NSW Legislation website. Once the LEP amendment is notified, Council will notify the proponent and other relevant stakeholders.