Planning Proposal – Lithgow Local Environmental Plan (Amendment 6) – Additional Permitted Use – 32 I…

Strategic Context and Process Council Resolution

A planning proposal has been initiated and prepared by Council as part of an investigation into the industrial zoned lands in Lidsdale.

This planning proposal was considered by Council at its Ordinary Meeting of Council 28 June 2021. Council resolved the following:

Minute No 21-141

THAT

Council notes that Planning Proposal 2021-2808 as supported by Council Minute 21-8 has been withdrawn Council supports the preparation of a revised Planning Proposal for Lot 1 DP 914028 to amend Lithgow Local Environmental Plan 2014 as follows: a. Council insert a new clause in Schedule 1 Additional Permitted Uses to identify development for the purposes of one dwelling-house as permitted with development consent upon Lot 1 DP 914028 and as shown on an APU Map. The Planning Proposal documentation, once prepared, be forwarded to NSW Department of Planning, Industry and Environment for a Gateway Determination. Council consults with the relevant government agencies as required. Council would consult with Water NSW prior to the issuing of Gateway Determination and Rural Fire Service prior to undertaking community consultation. Council advise NSW Department of Planning, Industry and Environment that is proposes to seek approval to use the delegated functions under S3.36 (2)-(4) to make the plan following compliance with a Gateway Determination. Council advises the relevant owner, in writing, that should any further technical reports be required to support the Planning Proposal that Council will require the landowner to incur the full costs of any such reports. If agreement cannot be reached in this regard the matter be reported back to Council. A DIVISION be called in accordance with the requirements of Section 375A (3) of the Local Government Act, 1993. What is the wider strategic context of Planning Proposal?

A Planning Proposal is the first step in making a Local Environmental Plan (LEP). An LEP can only be amended by another LEP or Environmental Planning Instrument.

An LEP must be prepared within the broader strategic and policy framework of state and local government set down by legislation, strategies, policies and best practice guidelines and notes.

State Environmental Planning Policies (SEPPs)

State environmental planning policies (SEPPs) deal with issues significant to the state and people of New South Wales. They establish a range of policies that apply to all or part of areas across NSW. SEPPs are higher order plans and override any provision within a Local Environmental Plan.

In preparing an LEP Council must ensure that its provisions are consistent with the relevant SEPPs. An analysis of the application and consistency of the Planning Proposal with relevant SEPPs has been undertaken and is included in Part 3 Section B of the Planning Proposal.

A full version of each SEPP can be accessed at: https://www.legislation.nsw.gov.au/browse/inforce#/epi/title/s

 Acts and Regulations

 These include the Environmental Planning and Assessment Act 1979 (EP & A Act) and the Environmental Planning and Assessment Regulation 2000. The EP & A Act provides the framework for the NSW planning system and the mechanism for the preparation of local environmental plans.

Local Planning Directions – Section 9.1 (pv S.117.(2)) Directions

The Minister for Planning, under section of the Environmental Planning and Assessment Act 1979 (EP&A Act) issues directions that relevant planning authorities such as local councils must follow when preparing planning proposals for new LEPs. The directions cover the following broad categories:

employment and resources environment and heritage housing, infrastructure and urban development hazard and risk regional planning local plan making

An analysis of the application and consistency of the Planning Proposal with all applicable S.9.1 Directions is included in Part 3 Section B of the Planning Proposal.

All Local Planning Directions can be found on the NSW Planning and Environment Website at: https://www.planning.nsw.gov.au/Plans-for-your-area/Local-Planning-and-Zoning/Policy-Directions-for-Plan-Making

LEP Practice Notes and Circulars

The NSW Department of Planning and Infrastructure have also issued a number of practice notes and circulars to guide the development of local plans. These have been used to inform the development of the Planning Proposal

You can view these at:

https://www.planning.nsw.gov.au/Plans-for-your-area/Local-Planning-and-Zoning

LEP Plan Making Process

A flowchart summarising the process for the making of the LEP is shown below:

Delegation for the making of Lithgow Local Environmental Plan 2014 (A6) has been issued to Lithgow City Council.