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Where a development is not permitted under Councils local environmental plan (Clarence Valley Local Environmental Plan 2011) an amendment to the local environmental plan (LEP) will be necessary to make it permissible.
A planning proposal (or rezoning application as it is sometimes known) is the first step in the process to amend the LEP to enable a development to be permissible in the zone or upon the land. It is a document that:
Council must first support a planning proposal before it can proceed further. Any planning proposal supported by Council must be referred to the NSW Department of Planning and Environment’s (DPE) “planning gateway” which must issue a Gateway determination (Gateway) to either proceed (subject to specified conditions) or not proceed.
Prior to any formal exhibition of a planning proposal Council must first consult with public authorities that are specified in the Gateway. It must also publicly exhibit and undertake community and other stakeholder consultation as directed in any Gateway determination issued. Typical exhibition/consultation periods range between 14 to 28 days.
Council has prepared a guideline to provide further guidance on the statutory requirements and Council's requirements for preparation and lodgement of planning proposals. It supplements the guideline prepared by the DPE (see link to DPE Guideline, provided below). Council has also developed a template style planning proposal document which can be used as an initial starting point for those intending to prepare and submit a planning proposal to Council.
A request for Council to support a planning proposal/rezoning application is to be submitted to Council along with the current fee applicable at the time (as reflected in Council’s Guideline for rezonings and planning proposals).
Further information in relation to planning proposals can be obtained by contacting Council’s Strategic and Economic Planning Section on 66430200.
Council’s Guideline for rezonings and planning proposals, Rezoning Application form Application form and template style planning proposal document can be downloaded below:
Links to the DPE’s “A guide to preparing planning proposals” and to Council’s current planning proposals are provided below: