Local Environmental Plan Amendment Requests (Rezoning)

Central Coast Local Environmental Plan 2022 (CCLEP 2022) is the primary legal planning document for guiding land use and planning decisions made by Council. The CCLEP 2022 describes what can be undertaken on land and is supported by mapping, including land use zones, height of building, lot size maps etc. 

NOTE: Some areas of the Central Coast are not covered by CCLEP 2022 due to certain circumstances. This includes areas that are:

  • Identified as ‘deferred matters’ – In this case the Gosford Planning Scheme Ordinance (GPSO) or Interim Development Order (IDO) 122 still applies to those areas. 
  • Incorporated within State Environmental Planning Policy (Precincts—Regional) 2021 – Gosford City Centre. 

In circumstances where the CCLEP 2022 (or the GPSO/IDO 122/SEPP) does not allow a particular form of desired development, a request may be made to change the planning controls and/or zoning. These requests are referred to as ‘Planning Proposals’.
In assessing these applications, Council will consider a range of local and state policy to determine if the request has merits and if additional reports or justification will be required.

Please read Council’s Planning Proposal Procedures for information on how we process such requests. Further information about the LEP making process is available on the Department of Planning and Environment (DPE) website - see Local Environmental Plan Making Guideline (December 2021)

Rezoning Process

A.    Discuss your proposal with Council

This will help to identify if the proposal demonstrates one or more of the following:

  • an error or anomaly in the LEP
  • the land cannot reasonably be developed or used for a permitted use under the existing zone
  • the rezoning would provide considerable public benefit
  • the proposal has strategic and site-specific merit

All proposals need to be consistent with the Central Coast Regional Plan, the Central Coast Local Strategic Planning Statement, and the North Wyong Shire Structure Plan (or the adopted Greater Lake Munmorah Structure Plan if within this area). 

1.    Prepare a Scoping Report and arrange a pre-lodgement meeting

A pre-lodgement meeting with Council staff is required before you lodge a Request to Amend a Local Environment Plan. During this meeting, Council staff will provide guidance and advice as to what information is required (at a minimum) to be lodged with the amendment request. There is a fee for the formal pre-lodgement meeting but most proponents find the meeting to be beneficial, saving time and money. When Council receives the pre-lodgement meeting booking form, an invoice will be sent to the applicant and fees are payable as per the Fees and Charges. This fee is payable prior to the meeting date. 

A pre-lodgement meeting request must be accompanied by a scoping proposal. Information required in a scoping proposal will vary depending on the site and the extent of the changes proposed. A scoping proposal template is available on the Department of Planning and Environment website. It is strongly recommended that you engage someone with experience and expertise, such as a qualified town planning consultant to prepare the rezoning pre-lodgement application and scoping proposal.

To schedule a pre-lodgement meeting, please follow the steps below:

  1. Pre-lodgement form – Complete the pre-lodgement booking form
  2. Scoping Report – Review the DPE’s Local Environmental Plan Making Guideline (December 2021). Complete the scoping proposal template to outline the proposal, key matters, and expected consultation with agencies.  
  3. Submit – Submit the pre-lodgement form and scoping report to Council via email to ask@centralcoast.nsw.gov.au   
  4. Pay invoice – Council will issue an invoice to the proponent. Fees are payable as per Council’s Fees and Charges in the current Operational Plan, and this fee is payable prior to the meeting date. 
  5. Attend meeting – This will include referring the scoping report to relevant authorities and government agencies for comment.

Council will provide the proponent with minutes of the pre-lodgement meeting which will outline whether additional information (including investigative studies) is required to support the LEP Amendment Request. Where a proponent does not respond to a specific requirement, justification should be provided in the planning proposal submitted to Council. A pre-lodgement review of the draft planning proposal and supporting studies may be recommended prior to formal lodgement of the proposal on the NSW Planning Portal. The pre-lodgement review aims to expedite the planning proposal by ensuring all supporting documentation has adequately addressed the site constraints and proposal impacts. This will reduce the proposal assessment time and/or the need for Council to return or refuse the planning proposal. As part of the pre-lodgement review all supporting documents and investigations will also be reviewed by Council’s specialist staff with detailed feedback provided on any amendments necessary. This may also involve referral to relevant State Government agencies for consideration and comment. Refer to Council’s Operational Plan - Fees and Charges for information in relation to the costs involved in this process.

2.    Prepare and lodge a planning proposal

Each LEP Amendment Request needs to be supported by a LEP Amendment Request Form. The request should be submitted in the Planning Proposal format as described by the DPE’s Local Environmental Plan Making Guideline (December 2021). All Requests to amend CCLEP 2022 must be lodged via the NSW Planning Portal.

Relevant information and studies should also be submitted, as described by Council’s  Information Requirements for Lodging Requests to Amend Central Coast Local Environmental Plan 2022. Planning Proposals should only be submitted on the NSW Planning Portal after all required studies have been prepared to Council’s satisfaction. Council staff may reject incomplete or inadequate Planning Proposals.

When an LEP Amendment Request has been deemed to have sufficient strategic merit, a request will be made for payment of the applicable fees as per the current Operational Plan. The assessment of the proposal will not commence until the fees have been paid in full. Following a desktop review of the proposal by Council specialist staff it will be reported to the Local Planning Panel (if required) and then to the Council for its consideration, taking into account the LPP advice. The Council will determine whether or not to support preparation of a Planning Proposal. If supported, Council submits the Planning Proposal (as PPA) to the DPE for gateway determination.

3.    Gateway determination

The DPE undertakes a review of the planning proposal. DPE officers then prepare an assessment report and provide a recommendation to the Minister (or delegate) on whether the planning proposal should proceed. The Minister (or delegate) decides whether the planning proposal can proceed, either with or without variation. If the Planning Proposal can proceed, a Gateway Determination will be issued. 

4.    Post-Gateway determination review 

The Gateway determination may identify the need to undertake additional studies, require consultation with authorities and government agencies prior to public exhibition and/or require amendments to the planning proposal to address a specific matter prior to public exhibition. 

5.    Public Exhibition

The Gateway determination will specify the duration and extent of public exhibition required.

Council will review any submissions received, and undertake any changes required, prior to preparing a recommendation for decision by the Council.

6.    Finalisation

The process for assessing and finalising the planning proposal involves:

  • Completing the assessment, ensuring compliance with Gateway conditions and that the relevant Section 10.7 Directions have been appropriately addressed.
  • Arranging the drafting of any required LEP to give effect to the proposal.
  • Making the LEP.

Timing

The timeframe for the process is dependent upon the complexity of the changes sought, the relevance and suitability of the information provided for assessment purposes, agency referral timeframes and other factors.

Council is guided as to the completion timeframes by conditions issued by the Department of Planning and Environment (DPE) as part of the “Gateway Determination”. Completion timeframes will depend on the complexity of the planning proposal – whether basic, standard, complex or principal. More information in this regard can be found in the DPE Local Environmental Plan Making Guideline (December 2021) that can be found by clicking here

2022 CCLEP Timing Table

Can I appeal a decision not to support my Planning Proposal?

Yes. A proponent has the opportunity to appeal at the following stages: 

  • After Stage 2 – Planning Proposal: An independent planning panel evaluates a Planning Proposal and recommend whether it should proceed
  • After Stage 3 – Gateway Determination: DPE reviews the Gateway determination.

For more information, refer to the DPE Local Environmental Plan Making Guideline (December 2021) that can be found by clicking here

Where can I find additional information?

A number of relevant resource documents regarding the LEP Amendment Process can be obtained from the Department of Planning and Environment (DPE) website using the following links:

  • the DPE’s Local Environmental Plan Making Guideline (December 2021) provides further information regarding the purpose of LEPs and the processes involved in making amendments to LEPs.
  • the LEP Tracking System enables the community to track the progress of an LEP Request in all NSW Local Government Areas.

For advice regarding an LEP amendment you may:

  • Calling 1300 463 954 to discuss with Council’s Strategic Planning staff; or
  • Email or write to Council addressing your correspondence to Strategic Planning at ask@centralcoast.nsw.gov.au or PO Box 20, Wyong, NSW, 2259
     
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Last updated : Wed 3 Aug 2022