In the environmental planning world we often refer to
LEPs and SEPPs but what are they and how do they work?
Local Environmental Plans or LEPs are a type of Environmental
Planning Instrument. LEPs apply to local Councils and provide a
framework for the way land can be used. This is done by allocating
parcels of land 'zones' for example: R1 General Residential
and RU1 Rural Landscape. Each zone is made up of objectives which
sets out the principal purpose of the land; what development is
permissible on the land with consent, what development is
permissible on the land without consent and what development is
State Environmental Planning Policies or SEPPs are environmental
planning instruments that deal with matters of State or Regional
environmental planning significance. The effect of a SEPP is that
it can override a LEP and can prohibit certain types of development
or can allow development in a certain zone. For example, a
development may be prohibited in a zone but if it achieves an aim
of the SEPP it may be allowed.
An example is State Environmental Planning Policy No 1 or SEPP1
which allows an objection to be made against development standards
contained in an Environmental Planning Instrument such as a LEP. If
Council is satisfied that an objection is well founded, it may
grant consent to the development even though the proposal does not
comply with the relevant standards.
When wanting to develop on your land the first thing that you
need to consider is the local government areas LEP, look at the
zoning and the objectives and permissibility of the zone to see if
the proposed development is permissible. Depending on the
development you then need to look at the SEPPs to see if there is a
SEPP that applies to the development.
Planning law is quite complex. To ensure that you get the right
advice you need an expert in this area. At Coutts Mallik Rees we
have two accredited specialists in Local Government and Planning
Law that can provide you with expert advice.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This article is a review of new developments in mining and petroleum in Australia, relating to environment and planning.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).