The information below will assist councils in the making of local environmental plans.
The Local Environmental Plans – a guide to preparing local environmental plans** (PDF 1.81 MB) and the Planning Proposals - a guide to preparing planning proposals (PDF 1.91 MB) will help you to understand the gateway process and independent reviews.
From 3 May 2021, there will be a more direct pathway to finalise planning proposals where there are no changes to written LEP provisions and involve only changes to Local Environmental Plan maps. The new process will enable the department to directly assist with the drafting steps that are currently handled by the Parliamentary Counsel’s Office (PCO).
The department has prepared an addendum for A Guide to Preparing Local Environmental Plans, which includes updates that apply to the making of map-only LEPs.
As the addendum forms part of the Guide, wherever there is a conflict between the addendum and the Guide the provisions of the addendum will prevail.
PS 12–006 Delegations and independent reviews of plan-making decisions (Pdf 51.8 KB). Note: this planning circular applies to pre Gateway reviews lodged prior to September 2016.
The new circular PS16–004 applies to rezoning reviews lodged from 1 September 2016:
All planning proposals and draft LEPs must comply with State law regarding reportable political donations. For more details, including a disclosure form, read the Guideline on Disclosure of political donations and gifts (Pdf 128 KB) October 2008.
These forms should be used when requesting reviews of decisions and in helping councils to request delegation to make a Local Environmental Plan.
Additional provisions, also commonly referred to as ‘local provisions’ or ’model local clauses’ are local clauses that have been settled by the Parliamentary Counsel’s Office which address common topics raised by councils in their standard instrument LEP preparation. The use of such settled clauses will reduce the time required to amend a standard instrument LEP.
Where councils would like to use one or more of the examples provided but wish to make some minor alterations to suit their specific circumstances, these may be considered with the appropriate justification, although it is recommended that they be adopted 'as is' wherever possible.
For further information please contact your relevant regional office.
The draft provisions are provided as precedents for the purpose of inclusion as local provisions in standard instruments. The clauses have been approved by the department and the Parliamentary Counsel's Office for inclusion in instruments, as at the date of their inclusion. However, these clauses are subject to change and correction without notice and the department and the Parliamentary Counsel's Office reserve the right to make any changes to the wording of the clauses as they think fit.
The Land Use Matrix (XLSX, 110KB) is an Excel spreadsheet that identifies standard land use terms, standard zones and permissibilities. It has been prepared by the Department to assist councils with the preparation of local environmental plans consistent with the Standard Instrument (Local Environmental Plans) Order 2006. The Matrix also includes permissible land uses under a number of state environmental planning policies.
Councils can complete the Matrix of intended permitted and prohibited land uses to assist in discussions with the Department about their draft plan. Instructions maon how to complete the Matrix are provided under the ‘Instructions’ tab of the Excel spreadsheet.
Important note: This information does not constitute legal advice. Users are advised to seek professional advice and refer to the relevant legislation, as necessary.
Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or any part of this document.
The Parliamentary Counsel's Office (PCO) has issued advice regarding the drafting and notification processes for making delegated plans, which can be found at PCO – Information. PCO also has resources to assist in the drafting process, which can be found at PCO – Resources.
If you would like to submit feedback on the Standard Instrument LEP (SI LEP), click on the green button below. Your feedback will inform any future review the Department undertakes on the SI LEP.
Page last updated: 30/04/2021