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NSW Department of Planning, Industry and Environment
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The Gateway process

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

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

    2.  

  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.  

  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.  

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

    5.  

  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 local planning and zoning resources for plan making and tracking.

We have improved the Pre-Gateway Review process to 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 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 Independent Planning Commission for prFoposals that relate to land within the City of Sydney.

Note: the rezoning review process does not apply to requests for planning proposals which involve a residential use made to City of Ryde Council from 26 June 2018 to 1 July 2020.

 

Gateway determination flowchart 2018 x835

 

Rezoning Review Fees

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

 

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

 

The Minister has signed a delegation so that a Planning Panel has the power to direct itself to be the planning proposal authority if it carried out a rezoning review of the planning proposal request and the council does not with 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 Independent Planning 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.

 

Tracking System

In some instances the Regional Planning Panels or Sydney planning panels may be appointed as the planning proposal 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 Independent Planning Commission to determine whether a planning proposal being considered for a rezoning review has strategic merit; and/or
  • by the planning proposal authority to justify inconsistency with certain section 9.1(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 Metropolitan

Local Government Area Name of Strategy Date endorsed by secretary or delegate
Northern Beaches Warriewood Valley Strategic Review 2013 1 May 2013
Canada Bay Canada Bay Local Planning Strategy 2010-2031 27 November 2009
Willoughby Chatswood CBD Planning and Urban Design Strategy 9 August 2019

 

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 Shire Rural Land Use Strategy 2017 13/06/2018
Clarence Valley

Clarence Valley Settlement Strategy

08/03/1999

Clarence Local Growth Management Strategy (Maclean Urban Catchment Component)

04/11/2011 
Coffs Harbour Coffs Harbour Local Growth Management Strategy – Coffs Harbour to 2040 and beyond: Chapters 1-4 and Chapter 6
 13/01/2020

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
Port Macquarie Hastings Urban Growth Management Strategy 2036 02/11/2018
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: 25/03/2020

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