Draft LEP Standard Instrument

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Council has prepared a draft Warringah (Standard Instrument) Local Environmental Plan (draft LEP) in accordance with the Standard Instrument (Local Environmental Plans) Order 2006. At its meeting on Tuesday 13 November 2007, Council adopted the draft LEP for the purposes of forwarding it to the Director General of the Department of Planning for certification.

The Department of Planning provided feedback to Council on 25 January 2008, identifying multiple suggested changes to the draft LEP.  Subsequent liaison between Department and Council officers has resolved all issues identified by the Department in a manner that continues to represent translation of the current provisions of Warringah LEP 2000 into the standard instrument format.  The changes to the draft LEP required by the Department of Planning do not significantly alter the content or intent of the draft LEP as adopted by Council on 13 November 2007.   

On 14 December 2007 the NSW Government gazetted Amendment No 2 to the Standard Instrument Order and Council has amended the draft LEP to accord with the format of the most current version on the standard LEP.

The draft LEP, amended in the manner required by the Department of Planning, was noted and endorsed by Council at its meeting 22 April 2008, to allow its re-submission to the Director General of the Department of Planning for certification.

The re-submitted draft LEP is currently in the process of being finalised between Council and the Department of Planning.

Once certification is received by the Department of Planning, Council will place the draft LEP on public exhibition.

Please note that until the draft LEP is placed on public exhibition, Council will not be considering public submissions.

The Council reports of 13 November 2007 and 22 April 2008, and information on the process involved in preparing the draft LEP based on the Standard Instrument, can be viewed below. If you would like to register to receive regular information updates on the draft LEP, please email standardlep@warringah.nsw.gov.au with the following details:

• Name
• Email Address
• Standard Mail Address
• Phone Number

Click here to download a flowchart showing the process involved in preparing the draft LEP based on the Standard Instrument (PDF)

Click here to read the Council reports of 13 November 2007 and 22 April 2008 which proposes actions to progress the draft LEP in accordance with the statutory requirements (PDF)

• About the New Local Environmental Plan (LEP)
• Frequently Asked Questions

1. What is a LEP, and why should I be interested ?
2. Why is Council preparing a new LEP ?
3. When will a draft LEP be available ?
4. How different will the new and current LEP instruments be ?
5. What is happening now ?
6. Can I seek a re-zoning request ?
7. How do I plan for future development to my property ?
8. How will Council respond to your emails, letters and input ?
9. How can I obtain more information ?

About the New Local Environmental Plan (LEP)

 

During 2005/ 2006 the NSW Government introduced a range of reforms to the planning system for NSW; one of which requires all Councils to prepare a new comprehensive LEP for their respective areas in accordance with a standard LEP template which took effect on 31 March 2006.

Accordingly, Warringah Council has commenced work on translating its current planning provisions that are contained within Warringah Local Environmental Plan 2000 (WLEP 2000) into a new Warringah LEP in a standard format. Currently the WLEP 2000 attempts to incorporate all planning provisions that apply to any one site into one single document. The NSW Government’s standard LEP moves away from this model and therefore many of the planning provisions contained in WLEP 2000 will be translated into a new and significantly expanded Warringah Development Control Plan (DCP).

 

Frequently Asked Questions:

 

1. What is a LEP, and why should I be interested?

 

A LEP is a Local Environmental Plan. It establishes the planning and development controls that apply in a local government area in accordance with the Environmental Planning and Assessment Act 1979, and is approved by the Minister for Planning.

You may be interested in the process that Council is going through to produce a new LEP as it might affect your future development plans.

 

2. Why is Council preparing a new LEP?

 

Warringah Council was directed by the NSW Department of Planning in March 2006 to prepare a new LEP based on the Standard Instrument (Local Environmental Plans) Order 2006 released by the NSW Minister for Planning on 31 March 2006.

This was in line with the NSW Government’s planning reform agenda and the Sydney Metropolitan Strategy, 2005 City of Cities: A Plan for Sydney’s Future.

This means that Warringah Council is translating its existing LEP controls into the new format required by the NSW Department of Planning.

 

3. When will a draft LEP be available?

 

Warringah Council has a short timetable to prepare, draft and exhibit its LEP based on the Standard Instrument. Council is hoping to have a draft LEP document and maps based on the Standard Instrument ready for statutory public exhibition early in 2009.

 

Council is required to have a new LEP ready for gazettal by the Minister for Planning within a three year time period being 31 March 2009.

 

4. How different will the new and current LEP instruments be?

 

The new LEP will be based on a standard template that applies throughout NSW with standard zones whereby Councils can add local objectives and control the scale of development in the relevant zones. 

 

In comparison, the existing LEP (Warringah Local Environmental Plan or WLEP 2000) is a localities based instrument that provides a one-stop shop document containing all local specific planning and development controls. 

The new LEP will also have a new Development Control Plan (DCP) that will contain the local provisions necessary to ‘translate’ the existing WLEP 2000. It is anticipated that the draft DCP will be publicly exhibited along with its draft LEP in early 2009, containing more local provisions and development control requirements.

The existing WLEP 2000 planning and development controls will be translated into the new format required by the Standard Instrument, in accordance with the Environmental Planning and Assessment Act 1979, and the NSW Government’s Sydney Metropolitan strategy, and Council’s 2005 Strategic Plan. We will be accommodating directions of the NSW Government’s Sydney Metropolitan Strategy, such as its Centres and Employment Lands policies, and the Council’s Strategic Plan.

 

There will not be a review of land use planning policy for the area as this process was undertaken with the development of the Warringah Local Environmental Plan 2000.

 

5. What is happening now?

 

From March 2006, Council’s Planning Policy officers have been preparing new LEP related documents. 

Council has consulted with various public agencies and other neighbouring Councils under section 62 of the Environmental Planning and Assessment Act 1979 (EP&A Act) in mid-2007.  Such agencies will include for instance Energy Australia, Sydney Water, Roads and Traffic Authority, State Transit, Department of Housing, Rural Fires Services, NSW Heritage Council, and Department of Environment and Conservation.

In addition, Council is also informing about our plan making processes through web-based communications tools. Once the draft plan is placed on public exhibition Council shall also embark on an advertising campaign, public displays and forums. Council’s web site will be updated progressively to let you know what is new.

 

6. Can I seek a re-zoning request?

 

Council will only re-zone land to accommodate land use changes to implement the NSW Government’s Sydney Metropolitan Strategy and its own Strategic Plan.

 

7. How do I plan for future development to my property?

 

The existing WLEP 2000 and its planning and development controls will continue to apply until the Minister gazettes a new LEP based on the Standard Instrument in accordance with the various legal requirements. 

8. How will we respond to your emails, letters and input?

 

We will acknowledge your correspondence with a standard letter.

A detailed response to submissions will be reported to Council after public exhibition.

 

9. How can I obtain more information?

If you would like to register to receive progressive updates on the status of the new LEP Standard Instrument email standardlep@warringah.nsw.gov.au with the following details:

• Name
• Email Address
• Standard Mail Address
• Phone Number

Alternatively, you can contact Council's Planning Policy Unit.