FAQ

The planning proposal is prepared when Council agrees to change the Local Environmental Plan (LEP) in response to an application for a land use or development proposal that is not allowed under the LEP.  It makes the case for why particular control or provision in the Local Environmental Plan should be amended.  The planning proposal sets out all the proposed changes to the LEP and is focussed on the concept of a development, not the detail that is required in a formal Development Application.  If the planning proposal is supported and the LEP is amended (in this case, schedule 1 will be amended to permit subdivision with consent), a development application may be lodged. The development application will include the specifics of the development, including the proposed lot boundaries. 

The State government prescribes the format of the planning proposal and requires that it addresses a number of high level issues, such as how does the proposal fit in with State and regional plans.  A planning proposal must follow a set process which includes:

• consideration by council to support or not support the proposal,
• a review by the State government (to support, amend or not support the proposal),
• consultation with relevant state agencies (Agencies may support the proposal, provide support subject to amendments or not support the proposal),
• community consultation,
• refinements of the planning proposal,
• review of the wording of the Local Environmental Plan (LEP) amendment by Parliamentary Counsel (ensures the correct legal wording of the amendment) and
• finally the amended LEP is gazetted. 

If the planning proposal is approved and the amendments to the LEP are made, the property owner may then lodge a development application for a subdivision.  The development application will then progress through the development assessment stages as per the diagram below, including community consultation.  If the development application is approved, the approval will include conditions of consent to mitigate any adverse impacts and ensure compliance with the approved subdivision plans.