What are Local Environmental Plans and Development Control Plans?

    A Local Environmental Plan (LEP) is a legal document that regulates land use and development. It determines what can be built, where it can be built, and what activities can occur on land. An LEP guides planning decisions for a local government area.

    LEPs are supplemented by development control plans (DCPs), which provide more detailed planning controls for an area.

    A DCP must be read in conjunction with the provisions of the relevant LEP.

    What is a planning proposal?

    A planning proposal request is step one in a five-step process to rezone land through changes to LEP. If a proposal is supported by Council and the Department of Planning, Infrastructure and Environment (DPI&E), the third step is further community consultation when detailed plans are publicly exhibited. The fourth and fifth steps are assessment by the relevant planning authority and decision by the Minister.

    What is the history of this project?

    On 8 October 2019, Council declined to support an earlier version of this Planning Proposal on the grounds of overlooking and overshadowing of adjacent properties. Council also asked for a new Planning Proposal addressing these issues to be prepared.

    On 5 February 2020, the proponent submitted a new Planning Proposal as requested by Council. The proponent had altered the design concept to reflect the Council’s October 2019 reasons for not supporting the previous Planning Proposal. The Floor to Space Ratio (FSR) range of 0.6:1 to 2:1 and a 6 storey building height was unchanged. Council officers assessed the new proposal as still having excessive bulk and scale and asked for further design changes.

    On 4 June 2020, Council officers recommended an amended Planning Proposal to the IWCPP. This proposal addressed the October 2019 Council concerns about overlooking and overshadowing and has an FSR of 1.5:1, a building height of no more than 5 storeys along with other site specific details such as:

    • Objectives for the future redevelopment of the site;
    • Setback and a maximum height in storeys; and 
    • A requirement for non-residential ground uses next to the City West Link. 

    On 23 June 2020 Council supported the amended Planning Proposal that addressed the October 2019 Council concerns about overlooking and overshadowing and has an FSR of 1.5:1, a building height of no more than 5 storeys along with other site specific details. 

    The Proposal was submitted to the DPI&E for a Gateway Determination on 26 June 2020.

    The Gateway Determination was issued on 16 November 2020. 

    Can a development application be determined on the site before the LEP Amendment is made?

    No.

    What is Council’s role in this planning proposal?

    The Department of Planning, Industry and Environment (DPI&E) issued a Gateway determination for this planning proposal on 16 November 2020 approving community engagement for the proposed LEP amendments.

    Council is the Planning Proposal Authority (PPA), which means it administers the public exhibition, but it does not have delegation from the State government to make this the final plan.