Local Environmental Plan Amendments

A Local Environmental Plan (LEP) is a legal document that guides how land within a Local Government Area (LGA) can be used and developed. It sets out rules regarding zoning (the types of land uses permitted in specific areas) and development controls (such as building heights).

An LEP is amended through a legal process carried out in accordance with Part 3 of the Environmental Planning and Assessment Act 1979 and guided by the NSW Government’s Local Environmental Plan Making Guideline.

The requirements for amending a LEP are outlined by the Department of Planning Housing and Infrastructure.

A planning proposal is a document that explains the proposed LEP amendment (i.e. changing a land use zone ‘rezoning’ or amending the minimum lot size for a specific site) and describes the intended outcomes, identifies and assesses the potential impacts that the changes to the LEP may have, and provides justification for the LEP amendment.

The planning proposal also demonstrates how the proposed LEP amendment aligns with the NSW strategic planning framework and addresses site-specific considerations. 

These strategic plans are documents that outline the long-term planning objectives for the state, region, district or local government area.

Key strategic instruments and plans relevant to the Coffs Harbour LGA include:

• State Environmental Planning Policies (SEPPs)

  SEPPs are statewide planning instruments that deal with specific planning matters such as housing, biodiversity, infrastructure, or hazard management. Relevant SEPPs must be identified in a planning proposal, and the relationship to these policies must be clearly explained.

• Local Planning Directions (Section 9.1 Directions)

  Local Planning Directions are issued by the NSW Minister for Planning under Section 9.1(2) of the Environmental Planning and Assessment Act 1979. The directions address matters of state, regional and local environmental planning significance. Each direction must be considered and addressed within a planning proposal.

• North Coast Regional Plan 2041

  This is a state-led plan that sets strategic priorities for the region. It provides a vision and objectives for creating sustainable, liveable, and productive communities across the North Coast of NSW. The relevant objectives and actions contained within the plan must be considered and addressed within a planning proposal.

• Coffs Harbour Regional City Action Plan

  The Coffs Harbour Regional City Action Plan supports the vision and goals of the North Coast Regional Plan and builds on state-wide and local strategic planning. The goals, objectives and actions within this plan must be considered and addressed within a planning proposal.

• Coffs Harbour Local Strategic Planning Statement (LSPS)

  The Coffs Harbour LSPS outlines the City’s planning priorities and how they will be implemented at the local government level. It translates regional and state planning goals into actions that reflect the needs and aspirations of our local community. It also identifies areas where further local strategic planning is needed. The vision and planning priorities within the City’s LSPS must be considered and addressed within a planning proposal.

• Coffs Harbour Local Growth Management Strategy (LGMS)

  The Coffs Harbour LGMS plans for the City’s population growth, demographic changes, and economic development over a 20-year period to 2040. It aims to support both residential and employment growth while maintaining the region’s unique character. The LGMS is made up of nine chapters and has been adopted by both the City of Coffs Harbour and the NSW Department of Planning, Housing and Infrastructure. The LGMS must be considered and addressed within a planning proposal.

• City of Coffs Harbour Community Strategic Plan (CSP)
  The City’s CSP sets out our community’s future vision for the Coffs Harbour LGA and identifies objectives and initiatives on how to achieve this vision. These objectives and initiatives must be considered and addressed within a planning proposal.

The LEP amendment process involves six key stages:

1. Pre-Lodgement meeting

   A proponent (landowner, developer or an individual) seeking to amend Coffs Harbour LEP 2013 must attend a pre-lodgement meeting prior to lodging an application. A pre-lodgement meeting enables the City to provide informed and clear advice in relation to the proposal, confirm if the proposal has strategic and site-specific merit to progress to the next stage, and to identify the supporting information necessary.

2. Lodgement

   After receiving pre-lodgement advice, a proponent may prepare and formally lodge an application to amend Coffs Harbour LEP 2013 via the NSW Planning Portal and pay the required fees. The application must contain the required information and supporting documentation as detailed in the NSW Government’s Local Environmental Plan Making Guideline.

   Note: if the application is illegible or unclear, the City may reject the application within 14 days of lodgement.

3. Assessment and reporting

   The City will undertake an adequacy assessment of the application to check that the draft planning proposal addresses all relevant matters and supporting technical studies are included, in line with the Local Environmental Plan Making Guideline.

   City staff will then undertake a full planning assessment of the proposal to determine if the LEP Amendment has strategic and site-specific merit. A planning proposal and council report will be prepared for consideration by the Council, which will include a recommendation to the Council on whether the proposal should be supported or not.

4. Gateway determination

   City staff will submit the planning proposal to the NSW Department of Planning, Housing and Infrastructure (Department) for Gateway determination. If the Department determines that the planning proposal should proceed, it will issue a Gateway determination. This determination will specify:

   • if the Department supports the planning proposal,
   • any further supporting documentation required prior to public exhibition,
   • any amendments to the planning proposal required prior to public exhibition,
   • how long the planning proposal is to be publicly exhibited,
   • if a public hearing is required, 
   • if Council is given the delegations to make the proposed amendment, and 
   • the timeframe for finalising the proposed amendment.

   Note: Gateway determination does not guarantee that the proposed LEP amendment will be made.

5. Public exhibition

   The planning proposal is placed on public exhibition, and consultation is undertaken with the community, key authorities and government agencies as required by the Gateway determination.

   Public exhibition of planning proposals by the City generally includes:

   • an advertisement on the City’s website under Public Notices,
   • an advertisement on the City’s Have Your Say page,
   • written notification of the public exhibition to adjoining/adjacent landowners for site-specific or small-scale proposals, and
   • public exhibition on the NSW Planning Portal.

   Please refer to the City’s Community Engagement Strategy for further information.

6. Finalisation
   The City will undertake a final assessment of the planning proposal for consideration of all public submissions and responses from key authorities and government agencies.
   
   Where the planning proposal is required to be endorsed by the Council, City staff will prepare a council report in addition to the planning proposal for consideration by the Council.
   
   The planning proposal report will include a recommendation to the Council on whether the proposal should be finalised or not. City staff will request the Department to amend the LEP, and the LEP amendment takes legal effect on the date it is notified on the NSW Legislation website.

LEP amendments are grouped into categories based on their complexity and consistency with the NSW strategic planning framework. The category determines the application fee and is included in the City of Coffs Harbour Fees and Charges. Pre-Lodgement meetings include advice on what category and fees apply.

Proposed LEP amendments can be viewed during the public exhibition stage via the City’s Have Your Say page and the NSW Planning Portal.

When an LEP amendment is finalised, the NSW Department of Planning, Housing and Infrastructure notifies the public on the NSW legislation website.

NSW Government hosts detailed information on the process for making and amending LEPs: Making and amending LEPs | Planning.

The Strategic Planning Toolkit is a hub for resources to support local councils and planning professionals in LEP making. Strategic Planning Toolkit | Planning.

The LEP Making Guideline is useful to understand the LEP making process and how to prepare a planning proposal. Local Environmental Plan Making Guideline – August 2023.

The City of Coffs Harbour Planning Strategies can be found here: Planning strategies | City of Coffs Harbour.