Proposed shire-wide plans
Local Environmental Plan (LEP) and Development Control Plan (DCP)
In 2006 the State Government commenced a series of new planning reforms to improve the NSW Planning System. As a result of this, Council is required to prepare new land use and development requirements for all land in Byron Shire. These will replace all existing requirements (i.e. Byron LEP 1988 and all DCPs).
All Councils in NSW will use a standard template to prepare a new Local Environmental Plan (LEP) accompanied by a new Development Control Plan (DCP). Council’s new Shire-wide LEP is supported by a Local Environmental Study (LES).
Status of Byron Shire-wide LEP preparation
A draft LEP and LES was prepared and first considered by Council at its Ordinary (Planning) meeting held on 14 August 2008. At this meeting Council decided to defer consideration of the matter until after the local government elections in September 2008. Click on the following links for the Agenda & Minutes of this meeting.
The draft LEP and LES was next considered by Council at an Extraordinary meeting held on 31 October 2008. At this meeting Council decided to adopt the LES and to endorse the draft LEP for forwarding to the Department of Planning with a request to publicly exhibit the documents. Council also decided to make minor amendments to the draft LEP as proposed and to receive a further report on the draft LEP prior to the public exhibition period.
Subsequent to the 31 October 2008 Council meeting the relevant documentation was prepared and the draft Shire-wide LEP was amended according to the Council’s resolutions and forwarded to the NSW Department of Planning (DoP) in December 2008 requesting a section 65 certificate to publicly exhibit the draft Shire-wide LEP. Council received advice from DoP in August 2009 and proceeded to finalise the draft Byron Shire-wide LEP in response to DoP’s comments.
Subsequent to DoP’s advice Council has made a number of resolutions requiring further work on the draft Shire-wide LEP, in particular the application of environmental zones on rural lands. At the same time there have been considerable legislative and policy changes to the Standard Instrument LEP template, including additional Practice Notes, Circulars and model clauses that must be considered when finalising the draft SW LEP.
The draft LEP has since been updated to reflect a combination of legislative/ policy changes, council resolutions and DoP feedback since the original draft LEP was adopted by Council in October 2008. At its 26 May 2011 SPC Meeting Council considered and adopted an amended draft LEP for resubmission to the Department of Planning (DoP) to enable public exhibition.
The Shire-wide Planning Process flowchart illustrates the entire process involved in preparation of the draft Shire-wide LEP. An indicative timeframe for key stages of the draft SW LEP process is presented below:
| Step in Shire-wide LEP process | Indicative timing |
|---|---|
| Pre-lodgment meeting with Department of Planning | June 2011 |
| Submission report to Department of Planning requesting authorisation to exhibit draft LEP | July 2011 |
| Commencement of Public Exhibition | Sept/Oct 20111 |
1 Timing largely dependant upon by when Council receives authorisation to exhibit draft LEP from Department of Planning.
At this stage in the process it is important to note that the adopted draft SW LEP may be subject to further changes required by DoP to enable authorisation for exhibition purposes.
Whilst residents are encouraged to consider the information available on this website in the meantime, Council is unable to accept any submissions on the draft SW LEP until the public exhibition period officially commences (to be advised).
Status of Byron Shire-wide DCP preparation
The Shire-wide DCP will support the new Shire-wide LEP by providing more detailed standards for certain types of development, development in certain locations and development in areas affected by hazards or constraints.
In November 2008, Council endorsed the scope of the new Shire-wide DCP. Work has since commenced on drafting the new Shire-wide DCP provisions, with many sections already prepared by an external planning consultant. Given the amount of work remaining to complete the draft Shire-wide DCP it is unlikely to be publicly exhibited for comment at the same time as the draft Shire-wide LEP.
Preparation of the Shire-wide Local Environmental Study
The Byron Shire Local Environmental Study (LES) examines the characteristics and constraints of all land in Byron Shire and forms the basis for land use zoning and provisions for the new Byron Shire Local Environmental Plan (LEP).
The Study also examines the characteristics and restrictions of the land such as if the land is a protected wetland, is prime agricultural land, has acid sulphate soils, is flood prone, and the demographics of the population. It will provide an assessment of these issues against relevant land use controls.
The LES will draw upon key documents that have already been developed by Council such as the Byron Local Environmental Plan 1988, the Biodiversity Conversation Strategy and all development strategies for towns and villages.
The LES is the first document that was prepared for the Shire-wide LEP process and underpins and justifies many of the zonings and provisions contained within the draft LEP.
The public exhibition of the draft LEP will include the LES as supporting documentation.
Consultation and Community
A Community Focus Group consisting of 12 community members worked with Council to develop a Community Consultation Strategy to guide the public exhibition of the draft Shire-wide LEP and DCP, The Strategy was considered by Council at their meeting on 17 December 2009 and adopted (Resolution 10-35) on 11 February 2010.
Council more recently accepted ‘LEP acceleration funding’ provided by the DoP, which requires Council to work to a stringent timetable for completion of LEP preparation milestones (refer to 24 March 2011 SPC Meeting report). Council has since resolved to apply for an extension to this timetable to allow for an extended public consultation period. The strategy will be implemented to the greatest extent possible once the outcome of Councils application for extension is resolved.
NSW Department of Planning website
Information on the Standard LEP template, related legislative changes and guidelines can be found on the Local Environmental Plans page of the Department of Planning website.
Council’s Strategic Land Planning Team
Planning staff are available to answer any questions you may have regarding the Shire-wide Planning Process.
Telephone: 02 6626 7126
Email: council@byron.nsw.gov.au