About the Gateway Process
In July 2009, the NSW Government changed the way that local environmental plans (LEPs) are developed and approved. This system is known as the 'gateway' plan-making process. The Department has prepared the following about the change:
- a fact sheet
(Department of Planning 2009)
- a presentation (September 2009) - this is copy of a presentation given to practitioners to assist them in working with the gateway LEP process.
The gateway process has the following benefits:
- assists in meeting the NSW Government’s target of a 50 percent overall reduction in the time taken to produce LEPs
- provides clear and publicly-available justification for each plan at an early stage
- ensures vital NSW and Commonwealth agency input is sought at an early stage
- replaces the former 'one size fits all' system, under which all LEPs large and small were subject to the same rigid approval steps, with one that better tailors assessment of the proposal to its complexity
- improves links between long-term strategic planning documents, such as regional and metropolitan strategies.
The system does not involve any increase in NSW Government powers and represents a potential reduction of powers because the Minister for Planning can delegate decisions on new plans.
Steps in the process
The gateway process has the following steps:
- Planning proposal — the relevant planning authority is responsible for the preparation of a planning proposal, which explains the effect of and justification for the plan. If initiated by the Minister (rather than the local council which is mostly the case) the Minister can appoint the Director-General of the Department of Planning or a joint regional planning panel to be the relevant planning authority.
- Gateway — The Minister (or delegate) determines whether the planning proposal is to proceed. This gateway acts as a checkpoint to ensure that the proposal is justified before further studies are done and resources are allocated to the preparation of a plan. A community consultation process is also determined at this time. Consultations occur with relevant public authorities and, if necessary, the proposal is varied.
- Community consultation — the proposal is publicly exhibited (generally low impact proposals for 14 days, others for 28 days). A person making a submission may also request a public hearing be held.
- Assessment — The relevant planning authority considers public submissions and the proposal is varied as necessary. Parliamentary Counsel then prepares a draft local environmental plan — the legal instrument.
- Decision — With the Minister’s (or delegate’s) approval the plan becomes law and is published on the NSW legislation website.
Tracking a plan
An online tracking system database of all planning proposals is available to enable the proponent, authorities and the public to track to progress of a plan.
Guides
The Department has published two guides to assist in understanding about the gateway process:
Draft LEPs begun prior to 1 July 2009
Draft LEPs notified to the Director-General prior to 1 July 2009 continue to be made under the old local plan-making system. Draft LEP amendments begun prior to 1 July 2009 must be completed within 12 or 18 months of 1 July 2009, depending on whether a section 65 certificate had already been issued. In this regard, a historical version of the Environmental Planning and Assessment Act 1979 can be found on the NSW Legislation website, in the 'As Made' database.
Donations and gift disclosure
All planning proposals / draft LEPs must comply with State law regarding reportable political donations. For more details, including a disclosure form, read the Development proposals and donations or gifts: guidelines .
Other information