How the process works
Step 1 - Planning Proposal
Council (in the majority of cases) is responsible for the preparation of a planning proposal, which explains the effect of, and justification for, the proposal. The applicant is responsible for supplying to Council all the necessary information to justify the basis of the proposal. Council staff considers the information provided and a report is prepared for the consideration of Council’s Outcomes Committee. Complete the following Planning Proposal Application Form.
The applicant is invited to the Committee meeting to support their Planning Proposal, where the Committee (made up of half the number of Councillors) will decide on whether to proceed. The Outcomes Committee makes a recommendation to Council, and Councillors consider the report and recommendations at the next full Council meeting.
Step 2 - Gateway
If Council supports the Planning Proposal, it is sent to the NSW Government for review. This ‘Gateway’ process allows a Planning Proposal to be reviewed for a decision if it will proceed. A community consultation process is also determined at this time. The NSW Department of Planning and Environment website provides detailed information about the Planning Proposal and Gateway Process.
Step 3 - Community consultation
The proposal is publicly exhibited (generally low impact proposals for 14 days, all others for 28 days). A person making a submission may also request a public hearing be held. A further report is prepared for Council’s consideration at the conclusion of the exhibition period. All persons who have made a submission are invited to speak at the Outcomes Committee meeting.
Step 4 - Assessment
The relevant planning authority considers public submissions and the proposal is varied as necessary. Parliamentary counsel then prepare a draft local environmental plan — the legal instrument.
Step 5 - Decision
The Minister (or delegate) approves the plan and it becomes law, being published on the NSW legislation website.