The Pre-Gateway Review process is an initial step in processing requests made to Council to amend a Local Environmental Plan (LEP). Council's strategic planners will carry out this process.
The outcome of this process is formal advice from Council on whether the proposal to amend the LEP:
- IS considered to have merit for processing; or
- IS NOT able to be supported.
Once a request for a pre-gateway review has been lodged with Council, it will generally proceed through the following process (timeframes are indicative only):
- Documents registered into Council’s record keeping system, acknowledgment letter sent to applicant and request allocated to processing officer for review (generally within 10 business days of initial lodgement);
- Processing officer inspects the site subject of the LEP amendment request and reviews the LEP amendment proposal against relevant legislation, strategies, planning directions and guidelines to determine whether the proposal contains sufficient information to demonstrate strategic merit and compliance with the legislation, strategies, planning directions and guidelines;
- Processing officer issues written advice to the applicant (generally within 40 business days of being allocated the LEP amendment request).
Where fees are payable to progress the proposal to the next stage in the process, such fees will be identified in the invoice issued by Council. Fees payable are determined in accordance with Council’s adopted fees and charges schedule and must be paid prior to the proposal progressing further.
If Council has issued written advice that it does not support a LEP amendment request, the applicant may either:
- Lodge a new application with Council with a revised or updated proposal. The revised request will incur the “Pre-gateway review of LEP amendment request” fee and require lodgement of a new lodgement form and submission of a new set of supporting information; or
- Lodge an application for an independent pre-gateway review of the LEP amendment proposal directly to the NSW Department of Planning and Environment. Further information about the associated fees and lodgement process can be obtained from the NSW Department of Planning and Environment's website.
If Council has not issued written advice to the applicant (as identified on the lodgement form) within 90 days of receiving a pre-gateway review request, the applicant may:
- Contact Council to determine why written advice has not been issued; or
- Lodge an application for an independent pre-gateway review of the LEP amendment proposal directly to the NSW Department of Planning and Environment .
You can track your application on Council’s tracking site.