Local environmental plans (LEPs) guide planning decisions for local government areas. Through zoning and development controls, they allow councils and other consent authorities to manage the ways in which land is used.
LEPs are the primary planning tool to shape the future of communities and also oversee the estimated $20 billion worth of local development that is determined each year.
On 31 March 2006, the NSW Government gazetted a standard instrument for preparing new LEPs, also known the LEP template. Local plans across NSW will now use the same planning language, making it easier for communities to understand what is proposed for their local area. Councils are able to include localised planning objectives and provisions specific to their area, as well as determine zoning, additional land uses, heritage items, and development standards such as height and minimum lot sizes.
2011 Amendment to the Standard Instrument (Local Environmental Plans) Order 2006
The Standard Instrument (Local Environmental Plans) Amendment Order 2011 (the amending order) was published on 25 February 2011. It amends the Standard Instrument (Local Environmental Plans) Order 2006 (SI order) including the Standard Instrument—Principal Local Environmental Plan (the standard LEP).
This amendment is based on matters raised during the drafting of standard LEPs and the feedback received from stakeholders during the exhibition of the Potential Amendments to the Standard Instrument - Options Paper (SI Options Paper) 2010.
The primary objective of the amending order is to improve the efficiency of delivery of standard LEPs and it aims to:
- clarify the intention of zones through new and amended directions, objectives, mandatory land uses, and the renaming of the RU4 zone
- update clauses to conform with changes in legislation including the Heritage Act, and State Environmental Planning Policies (SEPPs) made subsequent to the SI order and
- ensure existing land use terms do not overlap across definitions and the relationship between definitions is clearer, through the inclusion of new terms, amendments to existing terms, and cross referencing the group term/sub-term relationships.
Application to published Standard LEPs
The SI order contains transitional provisions for published Standard LEPs. For these, commencement of the amending order will be deferred for a period of four months until 25 June 2011.
The Department will contact those councils with published standard LEPs to discuss consequential amendments to be progressed through a combination of a State Environmental Planning Policy and planning proposals.
Application to draft standard LEPs that are yet to be publically exhibited
The amending order will apply immediately to all draft LEPs.
Those draft LEPs that have been certified for public exhibition, but have not yet been placed on exhibition can be exhibited in the form they were certified. Council should discuss this with the Department at the earliest opportunity.
All draft LEPs where councils have not yet applied for a certificate for public exhibition will need to be in accordance with the Standard Instrument, as amended, when they are formally submitted to the Minister under section 56 (or formally submitted to the Department under the former plan making provisions).
The Department is available to assist councils in working through necessary changes. Please contact your regional team who will further advise.
Application to exhibited draft standard LEPs
Standard LEPs that are post-exhibition must be made in the form of the Standard Instrument, as amended.
Consequential amendments must be made to the draft LEP to ensure consistency with the new mandatory provisions of the amending order. These may include changes to land use terms and the replacement of local provisions with provisions now covered by the SI order. Where there is no material change in policy position from these changes, the amendments can be made prior to the draft LEP being made.
Where the adoption of any new land uses or optional clauses, or any other amendment that would result in a material change to the policy position in the exhibited LEP is proposed, the council will need to seek the Department’s advice regarding whether a planning proposal should be undertaken along with public consultation prior to adoption of the provisions in the LEP.
The Department is available to assist councils in working through necessary changes. Please contact your regional team who will further advise.
Information available to assist
The Department has published the following information to assist in understanding the detail of the changes and the content and use of the now current Standard Instrument, as well as the transitional arrangements for already made LEPs:
1. Planning Circular PS 11-011 Amendment to the Standard Instrument (Local Environmental Plans) Order 2006
2. LEP Practice Note PN 11-001 Preparing LEPs using the Standard Instrument: Standard Clauses [replaces LEP PN 06-001]
3. LEP Practice Note PN 11-002 Preparing LEPs using the Standard Instrument: Standard Zones [replaces LEP PN 06-002]
4. LEP Practice Note PN 11-003 Preparing LEPs using the Standard Instrument: Standard Definitions [replaces LEP PN 06-003]
5. Land Use Matrix for draft LEPs
Supporting councils to prepare new plans
Revised timeline for completion of LEPs
As the result of a survey of councils in April 2009, additional assistance is being provided to 67 councils to fast track local plans that are well advanced, economically important and in high growth areas. All councils throughout NSW will continue to receive support and advice from the State Government to finalise the new LEP for their local government area.
Planning reform fund
The NSW Government’s Planning Reform Fund assists local councils with preparing a new comprehensive LEP for their local government area. Read more >>
Useful resources
Some useful resources for understanding the standard instrument are as follows: