1 Background to the new Local Environmental Plan
1.1 What is the LEP?
The LEP is the principal legal document for controlling land use and development at the Council level. The zoning provisions establish permissible uses and standards which regulate the extent of development.
1.2 Community input to the current Working Draft LEP
In 2006, Palerang Council held Community Visioning Workshops in communities across Palerang Shire, including one in Burra. The feedback obtained in those workshops was used to inform Council in the preparation of the Rural Residential, Rural and Environmental Areas Discussion Paper released in 2008. Community comments on this discussion paper have, in turn, been noted when preparing the current Working Draft LEP which is the subject of this article.
1.3 Constraints on Council when preparing the new LEP
Palerang Council is required to prepare the new LEP in accordance with the State Government's Standard LEP Template. The standard template provides a standard form and content for all LEPs in NSW, and includes standard land use zones, definitions and clauses.
The standard template is intended to introduce greater consistency in local plan making by requiring all Council's to adhere to a standardised format when preparing LEPs.
View the Standard Template here: NSW Legislation (external website)
1.4 Land use zones
The standard instrument contains standard land use zones, each with mandated permitted and prohibited uses. Council must select zones from the standard zones in the template. Council cannot create new zones; however it is not obliged to adopt all of the standard zones. Each standard zone also has one or more core objectives which are mandatory. Council may supplement the core objectives with local objectives providing they are consistent with the standard objectives and mandated land uses.
1.5 Standard LEP Clauses
The Standard LEP identifies a number of compulsory and optional clauses for inclusion in new LEPs. Compulsory clauses must be adopted by Council. Compulsory clauses include administrative matters and planning controls that are relevant to the State. There are also a number of compulsory clauses that must be adopted if relevant to the local area. These clauses relate to such matters as rural subdivision and development in the coastal zone.
The standard template provides optional clauses that Council can decide whether or not to adopt. However, if an optional clause is adopted it cannot be altered. Optional clauses include such matters as tree preservation and building height.
1.6 Local LEP Clauses
The Council may adopt Local LEP clauses to address matters that are relevant to the local area and which are not covered by compulsory or optional clauses in the standard instrument. Local clauses cannot be inconsistent with the compulsory clauses in the standard instrument and should comply with relevant State Environmental Planning Policies (SEPPs). See: NSW Department of Planning : List of State Policies
The Council must also abide by other State-mandated policies such as the Sydney Canberra Corridor Regional Strategy and the Sydney Water Catchment Authority's requirements.
1.7 Definitions
The standard LEP instrument contains a dictionary of standard terms relating to land uses and other matters relevant to the interpretation of the LEP. The definitions in the standard instrument are mandatory provisions and Councils cannot add new definitions to the dictionary or alter existing ones. The standard dictionary contains 241 terms, however only those that are actually used in the new LEP will be adopted.
1.8 Maps
Council is required to prepare zoning maps in accordance with a standard format. A number of maps have been prepared to support the working Draft LEP. The map for the Burra area can be found by scrolling down to page 118 of the Working Draft LEP (PDF - 2MB) on Palerang Council's website.
1.9 Additional information More information regarding the standard LEP and the NSW Planning reforms can be found on the NSW Department of Planning website.
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