Overview

This stage involves preparing, lodging and assessing a planning proposal to make or amend a local environmental plan (LEP).

It is the first formal step in the LEP making process and builds on the work completed during scoping.

At this stage, the planning proposal must:

  • clearly describe the intended LEP amendment
  • demonstrate strategic and site-specific merit
  • include supporting information and studies proportionate to the planning proposal.

View module 2 in the Local Environmental Plan Making Guideline.

Why this stage matters

A well-prepared planning proposal:

  • supports efficient assessment by council and the Department
  • reduces delays at Gateway and later stages
  • clearly justifies the need for change
  • minimises requests for further information.

Poorly prepared planning proposals may:

  • be delayed or not supported
  • require significant rework
  • not proceed to Gateway.

What happens at this stage

  1. Prepare the planning proposal

    Develop the planning proposal in line with the Planning Proposal Framework, including justification, mapping and supporting studies.

  2. Lodge the planning proposal

    Submit the planning proposal through the NSW Planning Portal for assessment by council (or relevant authority).

  3. Council assessment

    Council assesses the planning proposal’s merit, considers technical advice and evaluates impacts.

  4. Local Planning Panel (if required)

    The planning proposal is referred to the Local Planning Panel for independent advice.

  5. Council decision

    Council decides whether or not to support the planning proposal to proceed to Gateway.

  6. Planning proposal review (if applicable)

    If not supported, the proponent may request a review of the decision through the Department.

What you need to prepare

The planning proposal is the core document for this stage.

It must include:

  • Objectives or intended outcomes.
  • Explanation of provisions: What changes to zoning, land use or standards are proposed.
  • Justification: Strategic merit (alignment with the applicable strategic planning framework) and site-specific merit (site suitability and impacts).
  • Mapping: Existing and proposed mapping.
  • Consultation approach: Agencies and community (as relevant).
  • Project timeline.

Supporting studies should be proportionate to the scale and complexity of the proposal.

Key considerations

When preparing a proposal, consider:

Strategic merit

  • Is the proposal consistent with regional and local plans?
  • Does it align with the LSPS and government priorities?
  • Does it respond to identified growth, housing or employment needs?

Site-specific merit

  • Is the site suitable for the proposed use?
  • Are environmental impacts understood and manageable?
  • Are there any constraints that limit feasibility?

Impacts and constraints

  • Environmental (e.g. flood, biodiversity, contamination)
  • Social and economic impacts
  • Built form and amenity.

Infrastructure and servicing

  • Can infrastructure support the proposal?
  • Are upgrades or contributions required?
  • Are utilities and transport available?

Possible outcomes

OutcomeWhat it meansWhat happens next
SupportedCouncil agrees the planning proposal has sufficient merit to proceedPlanning proposal is submitted for Gateway determination (Module 3)
Not supportedCouncil does not support the planning proposal due to lack of merit or unresolved issuesPlanning proposal does not proceed unless a review is requested
Review requestedProponent seeks an independent review of council's decisionDepartment (and possibly IPC) assesses whether the planning proposal should proceed

Rezoning review

A review may be requested if:

  • the planning proposal is not supported by council
  • the planning proposal has not progressed within expected timeframes.

The review process:

  • is managed by the Department, or by the Independent Planning Commission (IPC) if the planning proposal is within the City of Sydney LGA
  • results in a determination on whether the planning proposal should proceed to Gateway determination.

Tips for success

  • Clearly demonstrate both strategic and site-specific merit
  • Ensure information is complete and proportionate
  • Use clear, concise language and avoid unnecessary detail
  • Engage with council early if issues arise

Next steps

If your planning proposal is supported:

Proceed to Module 3 — Gateway determination and review.

At the Gateway determination stage:

  • the planning proposal is assessed by the Department
  • a determination is made on whether it can proceed
  • conditions for exhibition and further work may be applied.