In brief – developers and landowners can request
independent review of council rezoning decisions
From 2 November 2012, if you are a developer or landowner and
you have made a request for rezoning to council, you now have the
right to request a review of council's decision at an
independent level. Two review mechanisms have been introduced,
known as "pre-gateway reviews" and "post-gateway
The changes are a significant step forward and will introduce
more transparency and accountability in the rezoning process in
NSW. Councils also now have powers to make some LEPs.
Reviews of proposed amendments to LEPs
If you are a developer or landowner and you have requested that
council prepares a planning proposal for amending a LEP, you may
ask for a review if:
Council has notified you that your request is not supported.
Councils are now required to notify you when they have determined
this. You then have 40 days to make an application for review.
Council has failed to indicate its support for your request 90
days after you have submitted the request. You may then make an
application for review any time after the 90 days has elapsed.
How do you request a review of a planning proposal for amending
If your planning proposal meets the relevant criteria, it will
be referred on to a Joint
Regional Planning Panel (JRPP) or the Planning Assessment Commission
(PAC). The JRPP or PAC will advise on whether it recommends to
the Minister that the proposed LEP should proceed to a gateway
determination. The Minister's final decision on the matter is
based on the JRPP or PAC's advice.
For planning proposals submitted prior to November 2012, you may
seek a review if the supporting documentation for your planning
proposal is still current, but the request will generally need to
be less than two years old to be considered.
Gateway reviews of proposed amendments to LEPs
If you are a council, developer or landowner and a gateway
decision has been made in relation to a proposed LEP that you are
not happy with, you may request that the Minister alters that
determination when a decision is made that:
it should not proceed. You have 40 days after notification by
DoP to request a review; or
it should be resubmitted. You have 40 days after notification
by DoP to request a review; or
requirements are imposed or variations are made that you think
should be reconsidered. You have 14 days from being notified to
indicate your intent to request a review, and then 40 days to apply
formally for a gateway review.
These reviews only apply to original determinations made by a
delegate of the Minister (and not councils).
Powers given to councils to amend certain types of LEPs
The making of some LEPs will now be delegated to councils,
including LEPs which make mapping alterations, reclassifications of
land, amendments to specific heritage items and spot rezoning
consistent with an endorsed strategy and/or surrounding zones, and
other matters of local significance. In turn, councils will be
required to report to DoP on processing times for making those
Positive changes for developers and landowners
Overall, we expect that the removal of multiple stages in the
making of some LEPs, and the right for developers or landowners to
request a review of rezoning decisions, is a significant step
forward in providing more certainty and transparency for
development in NSW.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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