A Gateway Determination is a formal document issued by the Minister for Planning and Environment (or delegate). Gateway determinations will usually indicate the following:
- Whether the planning proposal should proceed (with or without variation)
- Whether any studies are required and if necessary the scope of these additional studies
- Whether the planning proposal should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal)
- Requirements for any community consultation that is required before consideration can be given to the making of the Local Environmental Plan (LEP) amendment
- Any consultation required with state or Commonwealth authorities
- Whether a public hearing is to be held into the matter
- The times within which the various stages of the process for making of the proposed LEP are to be completed, and
- Whether the function of making the LEP is to be exercised by the Minister or delegated to the Relevant Planning Authority (RPA).
The Gateway Determination process is a process administered by the NSW Department of Planning and Environment and provides a checkpoint for planning proposals before resources are committed to carrying out investigative research, preparatory work and consultation with agencies and the community. It enables planning proposals that lack sufficient strategic planning merit to be stopped early in the process before time and resources are committed.
An initial request for Gateway Determination is sought following the Council’s preparation of a formal planning proposal and payment of associated processing fees. At this point in the process, the planning proposal is forwarded to the NSW Department of Planning and Environment to determine whether the Planning Proposal should proceed and under what conditions.
A council or proponent may request the Minister (or delegate) alter a Gateway determination when a Gateway Determination is made that:
- The planning proposal should not proceed
- The planning proposal should be resubmitted to the Gateway
- Imposes requirements (other than consultation requirements) or makes variations to the proposal that the proponent or council thinks should be reconsidered.
These post-Gateway reviews apply only if the original Gateway determination was made by a delegate of the Minister.
Once a planning proposal is forwarded to the Minister (or delegate) by the RPA for a Gateway determination, it is entered into the Department’s online register of planning proposals where the progress of the planning proposal is monitored. You can also track your application on Council’s tracking site.
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.