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The Singleton LEP 2013 is legislation prepared under the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). Under the EP&A Act 1979, the NSW Minister for Planning has the power to amend the LEP. In some instances, however; the Minister may delegate these functions to Council.
Singleton Council, as the relevant planning authority for the Singleton Local Government Area (LGA), can request that the NSW Minister for Planning amend the Singleton LEP 2013.
The formal process that Council must follow for such a request is termed the “Gateway process”.
The EP&A Act 1979 provides that the owner of land can request Council to consider a proposal to amend the Singleton LEP 2013 in relation to their land. Once receiving such a request, Council undertakes a pre-gateway review of the amendment proposal to determine whether it has merit.
A formal process (Pre-Gateway Review process) applies to requests made to Council to amend the Singleton LEP 2013:
Once a request for a pre-gateway review has been lodged, it will generally proceed through the following process (timeframes are indicative only):
After the pre-gateway review process, the next step is for the Council to prepare a planning proposal based on the information lodged for the pre-gateway review. The fees for preparation of a planning proposal and for the individual steps associated with the gateway process are identified in Council’s adopted fees and charges schedule. Fees are invoiced at relevant stages throughout the process.
If Council has issued written advice that it does not support a LEP amendment request, the land owner may either:
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 land owner may: