Planning Proposals

1. What is a Local Environmental Plan (LEP)?

A Local Environmental Plan (LEP) guides planning decisions for a local government area and comprises of a written instrument and associated maps. The zones and development standards stipulate whether development is permissible, subject to restrictions such as height, minimum lot size or floor space controls or whether consent of Snowy Monaro Regional Council is required.

A LEP is prepared in accordance with the Environmental Planning and Assessment Act 1979, and Environmental Planning & Assessment Regulations 2000.

2. What is a Planning Proposal 

A planning proposal is a document that clearly outlines the proposed changes to a LEP and provides the justification for amending any of Council’s Local Environmental Plans. Council operates three LEPs, the Bombala LEP 2012, Cooma-Monaro LEP 2013 and Snowy Monaro LEP 2013. A planning proposal may propose to amend zones, land uses or amend the development standards, such as height of building, floor space ratio, heritage, additional permitted uses or other clauses.

Planning proposals are to demonstrate consistency with strategic plans prepared by the NSW Government and Council, including:

South East and Tablelands Regional Plan 2036

• Snowy Monaro Local Strategic Planning Statement

• Any other relevant strategies prepared by Council 

• Any other relevant legislative or planning policy documents

3. Planning Proposal Process 

Pre Application Meeting

Request a pre-application meeting with Council’s Strategic Planning staff by emailing council@snowymonaro.nsw.gov.au  

Within your initial email please ensure you: 

• include the location of the proposal (street address, Lot & DP) 

• provide details of the proposal

• describe the benefits of the proposal

Within the pre-application meeting Strategic Planning staff can provide you with information on the Planning Proposal process, identify key issues and lodgement requirements to support a Planning Proposal. 

What to Include in a Planning Proposal

A planning proposal must include:

  • Objectives and intended outcomes
  • How the LEP will be amended
  • Justification of the objectives and outcomes, and how they will be implemented
  • Maps to show the intent of the planning proposal and the area that applies
  • Information about community consultation
  • Project timeline.

A planning proposal must be prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979  and the Department of Planning, Industry and Environment’s Guide to Preparing Planning Proposals.

Council can provide a Planning Proposal Template upon request. 

How to lodge and track a Planning Proposal

As of July 2021, all Planning Proposals must be submitted via the NSW Planning Portal  

You can also track the progress of Planning Proposals via Planning Proposals Online function on the Planning Portal 

Payment of Stage 1 Fees – Pre-Gateway

Council will issue an invoice for payment to the proponent of Stage 1 Pre-Gateway Fees in accordance with Council’s adopted Schedule of Fees and Charges 

Council Assessment

Council staff will:

  • review proposal for completeness
  • undertake an assessment of the information provided
  • prepare a report to Council for a resolution of support (or otherwise) of the proposal
  • If supported, Council staff will prepare Gateway determination request and forward this, along with the planning proposal to the Minister for Planning (Department of Planning, Industry and Environment).

Gateway Determination

The purpose of a Gateway determination is to ensure there is sufficient justification to proceed with a planning proposal. The Gateway determination is a checkpoint in the process to ensure that those planning proposals without strategic planning merit are stopped before resources are committed. The Gateway Determination will indicate the following:

  • whether or not the planning proposal should proceed, with or without variation;
  • whether any specialist studies are required;
  • whether the planning proposal should be resubmitted or revised;
  • the community consultation requirements before the proposed instrument is made;
  • if any consultation is required with state or Commonwealth agencies;
  • whether a public hearing needs to be held;
  • the time frames for the various stages of the proposal;
  • whether Council is delegated with plan making functions.

Any information request made by agencies must be addressed prior to the planning proposal proceeding to public consultation. 

Payment of Stage 2 Fees - Post Gateway and Advertising

Council will issue an invoice for payment to the proponent of Stage 2 Post-Gateway Fees and Advertising Fees in accordance with Council’s adopted Schedule of Fees and Charges 

Community Consultation

Council will be advised through the Gateway determination whether the planning proposal needs to be exhibited. Generally, planning proposals are exhibited for 14 or 28 days. A notice is placed in the local newspaper, adjoining and affected land owners are notified and a copy of the draft planning proposal, the Gateway Determination and any other relevant information is placed on Council’s website

Amendments may be made without public exhibition that the Minister considers will not have any significant adverse impact on the environment or adjoining land.

Submissions

Any individual, organisation or group can provide comment on the proposed amendment. Comments must be made in writing, either via letter or email addressed to the Chief Executive Officer, Snowy Monaro Regional Council. A report is then prepared and reported to Council where the submissions are considered. You will be advised when Council is considering the matter and you will be notified of the outcome. The Council report includes a recommendation whether or not to adopt the amendment.

Finalisation

Where Council has delegation, Council requests Parliamentary Council to prepare the draft instrument. After Council’s Chief Executive Officer signs the draft instrument, Council then requests the Department notify the plan.