Changes To Zoning Approval Process & Reviews Of Rezoning Decisions

11/11/2012 9:44 am

The Planning Department is answering your frequently asked questions about the changes to the LEP approval process & reviews of rezoning decisions. The following changes are being made to the process for rezoning land by way of making LEPS:

  • When a council seeks to change the zoning of land or other development controls, this is typically done by amending the council’s local environmental plan (LEP).
  • The department is making two key changes to the plan-making process for LEPs, which commence on Friday 2 November 2012.
  • The first key change introduces opportunities for applicants (namely landowners or developers) and councils to request a review of decisions made at key stages during the process of assessing and deciding on a proposal to rezone land.
  • The second change will return power to councils to allow them to finalise particular kinds of LEPs.

The Department has released a guide on some the key matters surrounding the changes, including:

  • Why are these changes being made to the plan-making process?
  • When can a review of a decision in the plan-making process requested?
  • How can a review be requested by a council or proponent?
  • Are fees charged when a request is made to review a decision?
  • What plans will be returned to local councils to finalise?
  • Will councils be given the power to finalise some LEPS that are already in the system?
  • Can a council amend an LEP after the gateway decisions and still retain the power to approve the LEP?
  • Can a council decide not to process and LEP after the gateway decision is made?
  • What will councils do if the plan is returned to them to finalise?
  • Why are these changes being made now instead of waiting for the new planning legislation?

Read the guide here