What is a Planning Proposal?
A Planning Proposal is the formal process used to change a Local Environmental Plan, known as an LEP, or to create a new LEP.
The Local Environmental Plan is a statutory planning document made under NSW planning law. It has high legal weight and sets the main planning controls that apply to land. These controls determine matters such as how land can be used, what types of development are permitted, building heights, minimum lot sizes, heritage protections, and how environmental risks such as flooding or bushfire are managed.
Because the LEP is a legal instrument, it cannot be changed through a development application. Any change must occur through a Planning Proposal.
A Planning Proposal explains what changes are being requested to the LEP and why those changes are considered appropriate. This may include changes such as rezoning land, altering development standards, adding or amending planning clauses, or updating planning maps.
Planning Proposals can be initiated by Council or by a landowner or developer. Regardless of who prepares it, a Planning Proposal must be assessed by Council and the NSW Government before it can take effect. This ensures that proposed changes are consistent with state and local planning strategies, infrastructure capacity, environmental protections, and the broader public interest.
Importantly, a Planning Proposal does not approve development. It only considers whether the planning rules should change. If a Planning Proposal is approved and the LEP is amended, a separate development application would still be required before any development can occur.
Planning Proposals Must Demonstrate Strategic and Site-Specific Merit
To proceed, a Planning Proposal must demonstrate both strategic merit and site-specific merit. These are two separate but equally important tests used by Council and the NSW Government to determine whether a proposed change to planning controls is appropriate.
Strategic merit considers whether the proposal aligns with the broader strategic planning framework. This includes consistency with state planning policies, regional plans, and Council’s endorsed local strategies, such as the Local Strategic Planning Statement, Local Housing Strategy, Rural Lands Strategy, and other adopted or endorsed plans. Strategic merit focuses on the “why” of the proposal, including whether the change is needed, whether it supports long-term planning objectives, and whether it represents an appropriate use of land in the wider context of the Shire and the region.
Site-specific merit considers whether the land itself is suitable for the proposed change. This involves examining the physical characteristics of the site and its surroundings, including environmental constraints such as flooding, bushfire risk, biodiversity, access, servicing, and infrastructure capacity. Site-specific merit focuses on the “where” and “how”, ensuring that any proposed change to planning controls can be supported without unacceptable impacts on the environment, neighbouring land uses, or community safety and amenity.
A Planning Proposal must satisfy both tests. A proposal that aligns with strategic plans but cannot manage site constraints will not proceed, just as a technically capable site will not progress if the proposal conflicts with established strategic directions.
Stages of a Planning Proposal
Categories of Planning Proposals
There are four categories of Planning Proposals.
Category
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Description
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Basic
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Minor or low-impact changes to planning controls. These proposals are generally small in scale and unlikely to raise complex environmental, infrastructure, or community issues. Examples may include correcting minor errors to the LEP, heritage listings or other provisions that are minor in nature. |
Standard
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Proposals of moderate scale that involve a change to land use zoning or development standards and require assessment of key site constraints and infrastructure capacity. These proposals typically require supporting technical studies and consultation with relevant government agencies. |
Complex
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Large or more complicated proposals that may involve significant rezoning, increased development potential, or land affected by environmental constraints. These proposals often require multiple technical studies, detailed agency consultation, and a longer assessment time frames. |
Principal
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Strategic, Council-led proposals that apply across a wide area or the entire Shire. These may include comprehensive updates to the LEP, implementation of major strategic studies, or broad policy changes. Principal planning proposals are typically initiated by Council and have longer time frames due to their scale and strategic importance. |
Stage 1: Pre-lodgement and Scoping
This is the early discussion stage before a Planning Proposal is formally lodged.
At this stage, the proponent meets with Council to explain the idea and seek preliminary feedback. Council considers whether the proposal has potential strategic merit and identifies key issues that would need to be addressed. This may include environmental constraints, servicing, infrastructure capacity, and the need for technical studies. Initial State Agency consultation may occur if required.
The outcome of this stage is usually a clear scope of required studies and consultation. This helps avoid unnecessary work and provides early clarity about whether the proposal is likely to proceed.
While this stage is voluntary, it is strongly encouraged, as it allows complex issues to be identified and addressed early, reducing risk, cost, and delays later in the statutory assessment process.
Stage 2: Preparation and Lodgement of the Planning Proposal
The Planning Proposal is prepared in accordance with state guidelines and Council requirements and lodged via the NSW Planning Portal.
The document explains the proposed changes to the LEP, provides justification, includes relevant mapping, and identifies how environmental, infrastructure, and community impacts will be managed. Supporting technical studies may also be submitted, depending on the proposal category.
Once lodged, Council undertakes an initial assessment to determine whether the proposal is suitable to progress.
Stage 3: Council Consideration and Gateway Determination
Before a Planning Proposal is forwarded to the NSW Government, it is usually reviewed by the Local Planning Panel. The Panel provides independent advice on the strategic and site-specific merits of the proposal.
Following consideration of the Panel’s advice, the proposal is then reported to Council. Council determines whether to support the proposal proceeding to the NSW Government for a Gateway determination.
If supported, the Planning Proposal is forwarded to State Government for Gateway determination. The Gateway determination is a formal decision that confirms whether the proposal can proceed and, if so, under what conditions. It typically specifies required studies (or amendments/updates to studies), agency consultation, public exhibition requirements, and timeframes.
If a Gateway determination is not issued, the Planning Proposal does not proceed further.
Stage 4: Post-Gateway Studies and Agency Consultation
Following the Gateway determination, any required technical studies are completed and consultation with state agencies is undertaken.
This stage allows outstanding issues to be addressed before the proposal is exhibited to the community. The Planning Proposal may be updated to reflect additional information, refined controls, or agency feedback.
Stage 5: Public Exhibition and Assessment
The Planning Proposal is placed on public exhibition for community feedback, alongside any associated documents such as draft Development Control Plans or draft planning agreements.
Submissions from the public and agencies are reviewed and assessed by Council. Where appropriate, changes may be made to the proposal in response to issues raised.
Stage 6: Finalisation and Making of the LEP
After exhibition and assessment, the Planning Proposal is reported to Council for final consideration.
If supported, the proposal is forwarded to the NSW Government for final approval and legal making of the LEP amendment. Once the amended LEP is made and officially published (known as a gazettal), the new planning controls come into effect.
After this stage development applications can be assessed under the new controls.
What are the General Timeframes of Planning Proposals?
The table below outlines the typical timeframes for assessing Planning Proposals as indicated by NSW Government’s LEP Making Guidelines, based on their category and level of complexity. These timeframes are provided as a general guide to help the community understand the overall process and likely duration.
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Stage 2: Planning Proposal preparation and Council assessment
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Stage 3: Gateway determination
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Stage 4: Post-Gateway studies and agency consultation
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Stage 5: Public exhibition and assessment
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Department target (Stages 3–6)
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Total indicative timeframe(end to end)
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How to do the Pre-Lodgment Process
Step 1 – Initial enquiry (recommended for all proposals)
The Proponent provides an email enquiry to Shirecouncil@dungog.nsw.gov.au with the subject line “Planning Proposal Enquiry” detailing:
- Site address and legal description
- A brief description of the intended changes to LEP controls affecting the site (for example zoning, minimum lot size, or clause amendments)
Strategic planning staff provide brief written advice indicating:
- Whether a Planning Proposal is likely to be required
- The indicative Planning Proposal category (basic, standard, complex)
- Whether it is appropriate to proceed to a scoping proposal and pre-lodgement meeting
Step 2 – Scoping proposal for standard and complex proposals
For standard and complex proposals, proponents must prepare a scoping proposal. The scoping proposal will:
- Describe the site and surrounds, including key environmental constraints, hazards, servicing and surrounding land uses
- Describe the intended LEP changes (zoning, lot size additional permitted uses, overlays or clause changes) and include a concept plan where relevant
- Provide preliminary metrics (for example indicative dwelling yield or employment floor space)
- Explain the strategic merit of the proposal against relevant strategic plans including regional plans, the Local Strategic Planning Statement, Local Housing Strategy and Rural Lands Strategy and Structure Plans
- Provide a preliminary site-specific merit assessment, identifying key environmental, infrastructure and hazard issues and likely supporting studies
- Identify any associated planning mechanisms (for example site-specific DCP controls or planning agreements) that may be appropriate to support good design outcomes or provide infrastructure
- Record any early consultation with agencies or the community, if undertaken
A pre-lodgement fee will apply. Assessment of a scoping proposal will not commence until the fee is paid. Refer to Dungog Shire’s fees and charges for more information.
While preliminary technical studies are not mandatory at the scoping proposal stage, proponents may choose to include high-level or desktop investigations where available. Providing additional information at this stage can assist in addressing key matters early, clarifying site constraints and opportunities, and reducing uncertainty about the suitability of the land for the proposed outcomes. This can help inform Council’s initial view on strategic and site-specific merit and refine the scope of studies required at the Planning Proposal stage.
Where preliminary studies are not provided, the scoping proposal should clearly identify the key issues and the investigations that are likely to be required supporting lodgement of the Planning Proposal.
Step 3 – Pre-lodgement review and meeting (for standard and complex Planning Proposals)
Following receipt of a complete scoping proposal and payment of the fee:
- Strategic planning staff will review the proposal and seek input from relevant internal staff where relevant (for example development or flood engineering)
- Where appropriate, staff may seek preliminary input from external agencies
Council will then hold a pre-lodgement meeting (in person or online) with the proponent and relevant staff. The meeting will:
- Provide early feedback on the proposal’s strategic and site-specific merit
- Identify the technical studies and planning mechanisms required to support the proposal
- Identify key issues likely to be raised during community and agency consultation
- Confirm whether a planning proposal request is likely to receive in-principle support to proceed to a Council report and Gateway request to DPHI
Council will issue written pre-lodgement advice summarising the outcomes. This advice will form the basis for adequacy checks at lodgement and will be referenced in any subsequent reports to Council.
Step 4 – Lodgement of Planning Proposal
Proponents will then:
- Prepare the Planning Proposal in the State Government’s format
- Lodge via the NSW Planning Portal, attaching Council’s lodgement form, supporting documents and the pre-lodgement advice
- Pay the Stage 1 lodgement and review fee upon invoice
Council will undertake an adequacy check within a defined timeframe and either accept the planning proposal for assessment or advise what further information is required.
Minor “housekeeping” amendments
Minor mapping corrections and other non-controversial matters with negligible impacts may be grouped into periodic Council-initiated “housekeeping” Planning Proposal, rather than being pursued as separate proponent-initiated requests.