Rezoning and LEP Amendments
Rezoning, or amendment of Council's Local Environmental Plan, is an action under the Environmental Planning and Assessment Act 1979 ("The Act"), and must be carried out in accordance with that Act. A rezoning or LEP amendment is a formal planning process which, when complete, alters the local planning framework. Such alterations can include changes to the range of activities permissible on land.
LEP amendment requests are subject to the planning proposals process under the Act. This process is outlined further below:
To request an amendment to the Ballina Local Environmental Plan
LEP amendment requests may be made to Council in writing and accompanied by the appropriate fee and completion of the Proponent and Proposal Information Form (see below). However, it is recommended that proponents consult with Council's Strategic and Community Services Group before lodging such a request.
Planning Proposals and Local Environmental Plan Amendments: Process Guidelines
Scope and Purpose of Guideline
Amendment to the Environmental Planning & Assessment Act and the associated Regulation on 1 July 2009 introduced the current system for the preparation of local environmental plans (new or amending) known as the 'Gateway' system. Under the Gateway system, Council is identified as a Relevant Planning Authority, meaning it has a central role in the processing of LEP amendments.
Council's 'Planning Proposals and Local Environmental Plan Amendments' guideline provides an overview of the way in which Ballina Shire Council discharges its responsibilities under the EP&A Act with respect to the preparation and processing of LEP amendments.
Local Environmental Plan Amendments
Local environmental plans may be amended in order to introduce new planning provisions or policy where considered appropriate by the Relevant Planning Authority (RPA), being either Council or the State Government. Amendments can be in a variety of forms and may comprise of changes to development standards, assessment requirements, land use permissibility or zoning. Most commonly, LEP amendments that are sought by landholders are centred on a request to rezone land in order to enable certain development.
Local environmental plan amendments may be requested by landowners, developers or the community. Amendments may only be undertaken by an RPA and RPAs may initiate an amendment.
A planning proposal is a document that outlines and examines the effect and purpose of a proposed LEP amendment. Planning proposals are the vehicles for amendment to LEPs under the EP&A Act.
Where an amendment to the Ballina LEP is proposed, Ballina Shire Council or its agent will prepare the planning proposal.
Proponent & Proposal Information Form
LEP amendment/planning proposal requests lodged with Council must be accompanied by a completed 'Proponent & Proposal Information Form'. A copy of the form can be downloaded below.
Further information can be obtained by contacting Council's Strategic and Community Facilities Group on telephone 6686 1284.
Alternatively, the NSW Department of Planning may be contacted. The Department also publishes several guides with respect to LEP amendments and Planning Proposals.
- Planning Proposals and LEP Amendments: Process Guidelines (pdf)
- Planning Proposal/LEP Amendment Request Proponent & Proposal Information Form (pdf)
Disclosures of political donations
Please note that when making a request to amend the LEP (including rezonings) a disclosure must be made. Such disclosures are required where the proponent (or any person who has a financial interest in the application) has made a reportable political donation to any elected representative (including as a candidate) or political party from 2 years prior to making the request to the date the matter is determined. Further, following the request being made, should the person making the request (or any person who has a financial interest in the application), subsequently make a reportable donation, this must be disclosed to Council within 7 days. Any such disclosures made will be available for public viewing on Council's website. These requirements also apply to any person making a submission to a LEP amendment (including rezonings).
For further information on applicants' and submittors' obligations in relation to making disclosures of political donations, including matters that must be included in such disclosures, please refer to the Department of Planning and Infrastructure’s website: http://www.planning.nsw.gov.au/donation-and-gift-discloure
Declarations of Political Donations
Declarations of political donations made, with respect to this matter, can be viewed here.
Page updated October 2012