Planning Proposals
A Planning Proposal is the first step in preparing a Local Environmental Plan (LEP).
It is a document that explains a request or intended effect and justification for proposing a change to the Kiama Local Environmental Plan (LEP) 2011.
Planning Proposals can be:
- Council led
- Proponent (applicant or owner of land) led
An applicant or consultant can prepare a Planning Proposal and submit it to Council (fees apply).
However, Council and the Department of Planning, Housing and Infrastructure must endorse it for it to take effect.
How are Planning Proposals Processed?
Planning Proposals need to be processed in accordance with the Local Environmental Plan Making Guideline and the Environmental Planning and Assessment Act.
The guideline outlines the process and timeframes to be achieved as well as the documents and information required to be submitted with any planning proposal.
LEP making process overview:
Stage 1 - Pre-lodgement
What is your LEP amendment and what should be included in a planning proposal?
Early analysis of the development potential of the relevant land including key environmental or site constraints, review of the strategic planning framework, obtaining advice and consultation with authorities and government agencies and identification of study requirements to underpin a planning proposal.
Stage 2 - Planning proposal
Preparing the planning proposal
Where the planning proposal has been initiated by a proponent, council is to review and assess the planning proposal and decide whether to support and submit it to the Department for a Gateway determination. Where the planning proposal has been initiated by council, council is to prepare the planning proposal and submit it to the Department for a Gateway determination.
Rezoning review
Reiew of proponent-initiated planning proposal by independent planning panel if not supported/or progressed by council
A proponent may request a rezoning review if a planning proposal is not supported by council or no decision is made within 115 days for complex planning proposals or 90 days for all other types of planning proposals.
Stage 3 - Gateway determination
Department review of the planning proposal
Department assesses the strategic and site-specific merit of a planning proposal and issues a Gateway determination specifying if the planning proposal should proceed and whether consultation with authorities and government agencies is required.
Gateway review
Reveiwing and altering a Gateway determination
A proponent/PPA may request review of conditions or determination within 42 days of Gateway determination.
Stage 4 - Post-Gateway
Actioning Gateway determination conditions
PPA reviews the Gateway determination and actions any required conditions prior to public exhibition.
Stage 5 - Public exhibition and assessment
Engaging with the community
Consultation with the community, key authorities and government agencies (as required). Review of the planning proposal to address conditions of Gateway determination and submissions.
Stage 6 - Finalisation
Making the LEP
Final assessment of the planning proposal and if supported, preparation of the draft LEP, review and finalisation. Once finalised, the LEP may be made, notified and come into effect.
Current Planning Proposals
Details of Planning Proposals that have been lodged are located on the NSW Government Planning Portal.
However the documentation associated with the applications only become publicly available once they have received a gateway Approval from the Department.
Council also provides information about Planning Proposals that have been lodged with Council but have not yet been assessed by staff or any decision been made by Council on the information provided.
These documents are provided on Council’s website for community information.