Local Environmental Plan (LEP) Amendments
A request to amend a Local Environmental Plan (LEP) (ie land zoning or LEP provisions) is known as a Planning Proposal. A planning proposal is a document that explains the intended effect of and justification for the proposed change.
The preparation of a planning proposal is the first step in making a LEP:
- Planning proposal — Applicants complete a Planning Proposal Application Form and submits with their draft planning proposal and other relevant information for Councils review and consideration, or Council prepares a planning proposal, and sends to the Minister.
- Gateway Determination — The Minister (or delegate) determines whether the planning proposal is to proceed (with or without variation). This gateway acts as a checkpoint to ensure that the proposal is justified and it sets conditions such as further studies, public consultation, public hearings, agency consultation and a timeframe to complete the LEP.
- Community consultation — the proposal is publicly exhibited (generally low impact proposals for 14 days, others for 28 days). A person making a submission may also request a public hearing be held.
- Assessment — Council considers the public submissions and may vary the proposal. Parliamentary Counsel then prepares a draft local environmental plan.
- Making the LEP — With the Minister’s (or delegate’s) approval the plan becomes law and is published on the NSW legislation website.
Low impact LEPs amendments such as administrative changes or errors generally take 3 months to complete whereas more complex LEP amendments such as major land release can take 12-18 months.
To request an amendment to Byron's Local Environmental Plan
LEP amendment requests may be made to Council be completing the Planning Proposal Application Form and accompanied by the appropriate fee. Prior to submitting the form it is recommended that applicants consult with Council's Strategic Planning Unit on 02 6626 7126.
Frequently Asked Questions (FAQs)
Please see our Frequently Asked Questions for additional information on the planning proposal process.
Fees and charges
Council's fees and charges schedule applies to planning proposals.
Current and past Planning Proposals
All Planning Proposals for Byron Shire can be viewed on the Department of Planning and Environment's LEP Tracking System.