Where a Local Environmental Plan (LEP) does not permit a proposed development, landowners can request an amendment to a LEP through the preparation of a planning proposal.
For some larger redevelopment proposals, Local Aboriginal Land Councils (LALC) will be required to pursue a planning proposal to amend the planning controls for their landholdings. Landholdings that are included in the Aboriginal Land Planning Framework will be able to follow a new independent review process for LALC led planning proposals.
Planning Circular PS19-003 establishes an Independent Proposal Review available to LALC led planning proposal. An Independent Proposal Review provides LALCs with the option for an independent body to give advice on planning proposals for land subject to a Development Delivery Plan (DDP).
The relevant regional or Sydney planning panel is required to carry out site-specific and strategic merit tests to determine if the proposal should proceed to gateway.
1. Planning Proposal Application
LALC prepares a planning proposal application including any associated supporting information, studies or investigations and submits the application to DPIE for an Independent Proposal Review (IPR).
2. Planning Proposal Assessment
DPIE reviews the proposal and carries out an assessment in relation to the relevant district and regional strategic plans, and the Development Delivery Plan (DDP). The proposal is referred to the relevant local council for comment.
3. Planning Panel Briefing
The relevant Planning Panel or the Independent Planning Commission (IPC) is briefed on the proposal and a meeting is arranged for the formal consideration of the proposal.
4. Independent Proposal Review
The relevant planning panel undertakes strategic and site-specific merit tests in accordance with Planning Circular 19-003 and recommends that the proposal should proceed for a Gateway determination.
5.a. Council offered the Role of PPA
The local council is offered the role of Planning Proposal Authority (PPA). Council has 42 days to accept the role (as outlined in Planning Circular 19-003).
5.b. Appointment of Planning Panel as PPA
If council does not accept the role in the 42 day period, the Planning Panel will be appointed as the Planning Proposal Authority (PPA) (as outlined in Planning Circular 19-003).
6. Planning Proposal Preparation
The PPA prepares a planning proposal for Gateway determination. In doing so, the PPA must consider the relevant DDP in accordance with Ministerial Direction 5.11
The PPA submits the planning proposal to DPIE for a Gateway determination. DPIE carry out an assessment of the planning proposal and issue a determination with conditions and subsequent exhibition and plan-making stages carried out to facilitate the formal amendment of the LEP.
Page last updated: 29/04/2021