Overview
The Gateway determination stage is a key decision point in the LEP making process.
At this stage, the Department assesses whether a planning proposal should proceed to public exhibition.
The Gateway determination:
- confirms whether the planning proposal can proceed
- sets conditions for further work, consultation and exhibition
- establishes timeframes for completing the next stages.
View module 3 in the Local Environmental Plan Making Guideline.
Why this stage matters
The Gateway determination stage:
- provides an independent check of the planning proposal’s strategic and site-specific merit
- ensures planning proposals are suitable to proceed to public consultation
- identifies any additional studies, consultation or changes required
- sets the pathway for the remainder of the process.
Planning proposals that are not supported at Gateway determination do not proceed further.
What happens at this stage
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Submit for Gateway determination
Council submits the planning proposal and supporting material to the Department for review.
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Department assessment
The Department assesses the planning proposal’s strategic and site-specific merit, consistency with policies, and overall suitability to proceed.
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Gateway determination
A decision is made to allow the planning proposal to proceed (with or without conditions) or not proceed.
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Apply Gateway conditions
If supported, conditions must be addressed before or during exhibition.
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Gateway review (if applicable)
If a planning proposal is not supported or conditions are disputed, a review may be requested.
Possible outcomes
| Outcome | What it means | What happens next |
|---|---|---|
| Proceed to exhibition | Planning proposal is supported to move forward | Move to Module 4 – Post-Gateway and Public Exhibition |
| Proceed with conditions | Planning proposal can proceed but additional work or consultation is required | Conditions must be addressed before or during exhibition |
| Not proceed | Planning proposal is not supported at Gateway | Planning proposal stops unless a Gateway review is requested |
| Gateway review | Decision or conditions are challenged | Department (or IPC in City of Sydney LGA) determines whether the planning proposal should proceed |
Key considerations
When determining a gateway, consider:
Strategic merit
- Is the proposal consistent with any applicable or draft regional strategic plan or state land use plan?
- Does the proposal align with the State land use priorities?
- Is the proposal consistent with council’s local strategic planning statement (LSPS), any local strategies or action as part of a region plan?
- Does the proposal respond to a change in circumstance not recognised by the existing strategic planning framework?
Site-specific merit
- Is the site suitable for the proposed land use?
- Are natural environmental, social and economic impacts acceptable?
- Are services and infrastructure available to meet the demands arising from the proposal?
- Are risks manageable?
Readiness for exhibition
- Is the planning proposal sufficiently developed?
- Are key studies completed or clearly scoped?
- Is it ready for community consultation?
Gateway conditions
Conditions may require:
- more technical studies
- consultation with specific agencies
- changes to the planning proposal before exhibition occurs.
These conditions must be addressed within the specified timeframe.
Gateway review
A Gateway review may be requested where:
- a planning proposal is not supported
- there is disagreement with Gateway conditions.
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
- assesses whether the planning proposal should proceed to Gateway determination.
Key outputs
By the end of this stage, you will have:
- a Gateway determination
- clear conditions and requirements
- confirmed next steps and timeframes
- approval (or refusal) to proceed to exhibition.
Tips for success
- Ensure the planning proposal is complete and well-justified before submission
- Clearly demonstrate strategic and site-specific merit
- Address any issues identified during earlier stages
- Be prepared to respond to Gateway conditions promptly
- Maintain clear documentation and evidence
Next step
If your planning proposal is supported to proceed:
Proceed to Module 4 – Post Gateway and public exhibition.
At this stage you will:
- undertake public exhibition
- consult with agencies and the community
- respond to submissions and refine the planning proposal.