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What is the Gateway process?

Local Environment Plans (LEPs) start with a planning proposal for a development. In most cases this is done by your local council. Proposals are then assessed by us. This is called the ‘Gateway’ process.

The five steps in the process are:

 

  1. The planning proposal - the relevant authority prepares the planning proposal.  The relevant authority is usually the local council, however the Minister can appoint the Secretary of the Department of Planning and Environment, a joint regional planning panel or a Sydney planning panel to be the relevant planning authority. 

  2. Gateway - the Minister (or delegate) decides whether the planning proposal can proceed (with or without variation) and subject to other matters including further studies being undertaken, public consultation, public hearings, agency consultation and time frames. A planning proposal does usually not proceed without conditions of this nature. The conditions are then complied with and if necessary, the proposal is changed. A decision on whether the relevant council is able to finalise particular types of LEPs is also determined at this stage.

  3. Community consultation - the proposal is publicly exhibited as required by the Minister. A person making a submission may also request a public hearing be held. 

  4. Assessment - the relevant planning authority reviews public submissions. Parliamentary Counsel then prepares a draft local environmental plan.

  5. The making of the LEP - with the Minister’s (or delegate’s) approval the local environmental plan is published on the NSW legislation website and becomes law.

View resources for plan making and tracking here.

New Rezoning Review: 

We have improved the Pre-Gateway Review process that will be clearer and easier to understand.

An applicant such as a developer or landowner may ask for a Rezoning Review if:

  • a council has notified them that it does not support their plans; 
  • a council has failed to indicate its support 90 days after the proponent has submitted a request; or 
  • a council has failed to submit a planning proposal for a Gateway determination within a reasonable time it has indicated its support.

A Rezoning Review will be carried out independently by:

  • a Joint Regional Planning Panel for regional NSW:
    • Northern Region;
    • Hunter and Central Coast Region;
    • Western Region; 
    • Southern Region

  • the Sydney planning panels for proposals that relate to land within the Greater Sydney Region; or
  • the Planning Assessment Commission for proposals that relate to land within the City of Sydney.

The new Rezoning Review Process

rezoning review process: 4 steps. Step 1:  •	Proponent may request a review by writing to the department •	Department notifies council and requests comments and additional information and confirmation that proposal is consistent with original submission •	Planning Panel/the Commission Secretariat forwards request to relevant regional panel/the Commission •	Planning Panel/the Commission Secretariat uploads application to public tracking system Step 2: •	Planning Panel/the Commission assesses strategic merit against strengthened Strategic Merit Test •	For proposals with strategic merit Planning Panel/the Commission undertakes Site Specific Merit Test •	Planning Panel/the Commission meets with council, proponent and department as required o	Proponent and council notified proposal is not proceeding due to lack of merit Step 3: •	Planning Panel/the Commission determines that the proposal has merit and should be submitted to Gateway  Step 4 •	Planning Panel/the Commission notifies council and asks if it will accept role of relevant planning authority o	If council does not accept the role of RPA, alternate RPA appointed •	Planning Proposal submitted to Department for Gateway determination

 

 

Rezoning Review fees

Submission of Rezoning Review request - $20,000 (assessment and referral to Panel/Commission).

Where a Planning Panel or the Secretary is appointed as the relevant planning authority - $25,000  

Delegations

The Minister and Chief Commissioner of the Greater Sydney Commission have signed delegations so that a Planning Panel has the power to direct itself to be the relevant planning authority if it has carried out a rezoning review of the planning proposal request and the council does not wish to take on that role.

Resources


In the interests of fairness and accountability, two review mechanisms were introduced in October 2012 for the gateway process. These reviews provide fairness and accountability to the process by allowing an independent body to review some decisions by councils and the department.

 

Rezoning reviews: may be requested by a proponent if a council has not supported, or made a decision within 90 days, on a planning proposal, or has not submitted a planning proposal for a Gateway determination within a reasonable time after indicating its support.  These reviews are carried out by Planning Panels or the Planning Assessment Commission for the City of Sydney. 

 

Gateway reviews: may be requested by a council or proponent following a gateway determination by the Department before community consultation on the proposal has commenced.

View the Pre-Gateway LEP Review Tracking System

This system enables you to view proposed LEP amendments that have been lodged with the agency for a Pre-Gateway review.

Pre-Gateway LEP Review Tracking System

In some instances the Joint Regional Planning Panels or Sydney planning panels may be appointed as the relevant planning authority to finalise a planning proposal.

Visit the LEPs Online System

LEPs Online

You can track the progress of a plan or review through our online tracking systems.  

 

In some instances the Planning Panels may be appointed as the relevant planning authority to finalise a planning proposal.

Local council strategies that are endorsed, in full or part, by the Department (Secretary) may be used:

  • to demonstrate the strategic merit of planning proposals; and/or
  • by Planning Panels or the Planning Assessment Commission to determine whether a planning proposal being considered for a rezoning review has strategic merit; and/or
  • by the relevant planning authority to justify inconsistency with certain section 117(2) Local Planning Directions

Endorsed local council strategies are listed below for each of the Department’s regions, and endorsement letters are attached. Only the version of the Strategy at the time of endorsement is considered endorsed and no subsequent amendments.

 

For any questions regarding the endorsement process please contact the relevant regional office.

Sydney East

Local Government Area Name of Strategy Date endorsed by secretary or delegate
Northern Beaches Warriewood Valley Strategic Review 2013 
01/05/2013
Canada Bay Canada Bay Local Planning Strategy 2010-2031
27/11/2009

Sydney West

Nil return

Northern Region

Local Government Area Name of Strategy Date endorsed by secretary or delegate
Armidale Regional

Armidale Dumaresq Bulky Goods Retail and Industrial Lands Study 2010 

28/07/2010
Armidale Dumaresq Industrial Lands Study 2012
18/04/2013
New England Strategic Alliance of Councils Development Strategy 2010
16/03/2010
Ballina Ballina Growth Management Strategy
07/05/2013
Bellingen

Bellingen Shire Growth Management Strategy

12/04/2007

Bellingen Shire Employment Land Strategy
10/07/2013
Byron Byron Rural Settlement Strategy 1998 
22/12/98
Clarence Valley

Clarence Valley Settlement Strategy 

08/03/1999

Clarence Local Growth Management Strategy (Maclean Urban Catchment Component)

04/11/2011 

Coffs Harbour

Our Living City - A Settlement Strategy to 2031

11/11/2009

Coffs Harbour Local Growth Management Strategy – Business Lands Component Aug 2009
24/09/2010
Coffs Harbour Rural Residential Strategy
03/05/2010
Coffs Harbour Local Growth Management Strategy Industrial Lands Component
11/11/2009
Glen Innes Severn
Glen Innes Severn Land Use Plan 2010
17/06/2010
Gunnedah

Gunnedah Shire Local Environmental Study (Bridging Report) 2010 (incorporating the Gunnedah Shire Rural Lands Strategy 2009, and the Gunnedah Shire Commercial and Industrial Lands Study 2009)

19/08/2010

Namoi 2030 Regional Resource Strategy
31/03/2011
Inverell

Inverell Rural Lands Strategy

23/10/2011

Inverell Strategic Land Use Plan 2011-2031
28/03/2012
Kempsey

Kempsey Local Growth Strategy (Residential Component) 

06/06/2011

Kempsey Local Growth Strategy (Rural Residential Component) 
17/12/2014
Kyogle
Kyogle Local Growth Management Strategy
22/06/2010
Lismore
Lismore Growth Management Strategy 2015-2035
11/08/2015
Liverpool Plains

Liverpool Plains Growth Management Strategy 2009

14/10/2009

Namoi 2030 Regional Resource Strategy
31/03/2011
Moree Plains
Moree Plains Growth Management Strategy 2009
20/04/2009
Nambucca 

Nambucca Shire Local Growth Management Strategy (Employment Lands) 

14/04/2011

Nambucca Shire Council Urban Land Release Strategy
13/01/1998
Nambucca Shire Urban Release Strategy - Annexure 1 Eungai Creek
14/04/2003
Nambucca Local Growth Management Strategy (Rural Residential Land)
16/01/2009
Narrabri

Narrabri Growth Management Strategy 2010 

12/04/2010

Narrabri Growth Management Strategy Addendum –Boggabri Strategic Planning Review 2014
19/05/2015
Namoi 2030 Regional Resource Strategy
16/01/2009
Port Macquarie Hastings

Port Macquarie Hastings Urban Growth Management Strategy  

05/05/2011 

John Oxley Drive Precinct Structure Plan
01/11/2012
Richmond Valley

Casino Urban Land Release Strategy

18/08/2005 

Evans Head Urban Land Release Strategy
21/12/2006
Richmond River Rural Residential Land Release Strategy
04/03/1999
Tamworth Regional

Tamworth Regional Development Strategy 2008 

18/04/2008

South Tamworth Rural Lands Masterplan
16/04/2013
Namoi 2030 Regional Resource Strategy
31/03/2011
Tweed Tweed Rural Villages Strategy
25/05/2017
Uralla 
New England Strategic Alliance of Councils Development Strategy 2010
16/03/2010
Walcha
New England Strategic Alliance of Councils Development Strategy 2010
16/03/2010

Western Region

Local Government Area Name of Strategy Date endorsed by secretary or delegate
Balranald
Balranald Strategic Framework
05/05/2010
Bathurst Regional

Bathurst Region Urban Strategy 2008

21/05/2008

Bathurst Region Rural Strategy
14/05/2013
Blayney
Blayney Settlement Strategy
10/11/2012
Blayney, Cabonne & Orange
Blayney, Cabonne and Orange – Sub Regional Rural, Rural Residential and Industrial Land Use Strategy
30/06/2011
Bogan
Western Council’s Comprehensive Land Use Strategy
26/02/2010
Bourke
Bourke Shire Strategy Nov 2012
19/12/2012
Broken Hill
Broken Hill Land Use Strategy dated Sept 2012 – Part A- Local Profile & Issues Paper
Part B – land use Strategy

04/07/2013
Cabonne
Cabonne Settlement Strategy
15/10/2012
Central Darling
Central Darling Strategy Nov 2012 
20/12/2012
Conargo
Conargo Rural Lands Strategy
19/06/2013
Corowa
Corowa 2011-2031 Strategic Land Use Plan & Site Assessment Report dated July 2011 
25/06/2012
Cowra Cowra Shire Land Use Strategy Feb 2011 
10/01/2013
Dubbo

Dubbo Land Use Strategies – including Urban Development Strategy, Dubbo Rural Areas Development Strategy associated reviews, amending reports and Council Policies

03/02/2012
Forbes
Forbes Growth Management Strategy and Rural Lands Supplement- February 2009
21/04/2009
Gilgandra
Western Council’s Sub Regional Land Use Strategy
26/02/2010
Griffith
Griffith Land Use Strategy
17/04/2013
Hay Community and Settlement Sustainability Strategy March 2012
24/04/2012
Lachlan

Lachlan Primary Production/Resource Strategy March 2009

20/09/2010

Lachlan Minimum Lot Sizes for Rural Dwellings Study
03/07/2013
Lithgow
Lithgow Land Use Strategy 2010-2030
24/05/2012
Mid-Western

Mid-Western Comprehensive Land Use Strategy

01/08/2011

Mudgee-Gulgong Urban Release Strategy
23/01/2015
Narromine

Western Council’s Sub Regional Land Use Strategy

26/02/2010
Rural Residential and Agricultural Lands Strategy
08/08/2013 
Oberon
Oberon Land Use Strategy – Draft June 2011 and Amendment 2012
16/12/2013
Orange

Orange Sustainable Settlement Strategy

29/07/2011
Blayney, Cabonne and Orange – Sub Regional Rural, Rural Residential and Industrial Land Use Strategy
30/06/2011
Parkes
Parkes Shire Land Use Strategy 2011
21/08/2012
Wakool
Wakool Shire Land Use Strategy and Supplementary Information 
24/03/2011
Walgett
Walgett Shire Council Growth Management Study and Strategy
18/05/2011
Warren
Western Council’s Sub Regional Land Use Strategy
26/02/2010
Warrumbungle
Warrumbungle Shire Council Land Use Strategy
04/07/2013
Wentworth
Wentworth Strategic Framework Document & LES
23/12/2011
Western Councils - Bogan, Coonamble,  Gilgandra, Narromine and Warren
Western Council’s Sub Regional Land Use Strategy
NB: Coonamble component not endorsed as Council has not adopted it.
26/02/2010

Southern Region

Local Government Area Name of Strategy Date endorsed by secretary or delegate
Queanbeyan Palerang Regional Council

Queanbeyan Residential and Economic Strategy 2015-2031

24/07/2016

Bungendore Structure Plan
30/11/2010
Wagga Wagga City Council
Wagga Wagga Spatial Plan 2013-2043
27/02/2014
Albury City Council

Albury Thurgoona Wirlinga Precinct Structure Plan 2013

29/10/2013

Rural Lands Strategy for Table Top and Splitters Creek
17/08/2016
Yass Valley Council
Yass Town and Village Study
28/06/2011
Junee Shire Council
Junee Residential Strategy 2006
11/01/2008
Shoalhaven City Council
Shoalhaven Growth Management Strategy 2014
20/05/2014
Wollongong City Council

Farmborough Heights to Mt Kembla Concept Plan

20/03/2014

Illawarra Escarpment Strategic Management Plan 2015
01/12/2015

Hunter and Central Coast Region

Local Government Area Name of Strategy Date endorsed by secretary or delegate
Upper Hunter
Upper Hunter Land Use Strategy
21/01/2010
Muswellbrook
Muswellbrook Residential and Rural Residential Strategy 2014
08/05/2015
Wyong
Wyong Settlement Strategy 2013
17/09/2013
Maitland
Maitland Urban Settlement Strategy 2008
01/09/2009
Singleton Singleton Land Use Strategy
08/06/2008

Page last updated: 16/11/2017