Local Environmental Plan

Overview

A Local Environmental Plan (LEP) is a statutory document prepared in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act 1979), and Environmental Planning & Assessment Regulations 2000 and approved by the Minister for Planning and Environment. 

Wingecarribee Local Environmental Plan 2010 (WLEP 2010) replaces the previous Wingecarribee Local Environmental Plan 1989.

View: Wingecarribee Local Environmental Plan 2010

View: Wingecarribee Local Environmental Plan 2010 Mapping

LEP Amendments

LEPs are amended by means of a Planning Proposal. The Department of Planning, Industry & Environment's website contains helpful information on the LEP amendment process.  

ViewAmendments to Wingecarribee Local Environmental Plan.  

Planning Proposals

A Planning Proposal is the formal process by which a Local Environmental Plan is amended.

These amendments may take various forms, such as;

  • Amendment of the land use table to change the range of land uses permissible within a certain zone, or to introduce new land use definitions.
  • Amendment of map-based controls such as zoning or minimum lot size to vary the range or intensity of development options for a site. 
  • Introduction of new local clauses to facilitate the lodging of development applications under certain circumstances.

Some Planning Proposals are initiated by Council, but most are initiated by a submission from an external applicant, usually a professional planning consultant, known as the Proponent.

The Wingecarribee Local Planning Strategy 2015-2031 was adopted by Council on 23 March 2016 and endorsed (except for Chapter 4) by the Department of Planning & Environment on 15 May 2017.   

Planning Proposal Submissions

Council resolved at the meeting of the Planning and Strategic Peak Committee of the Whole on 12 March 2014 to endorse new Council Templates for Planning Proposal Submissions and Guidelines. These should assist proponents in the preparation of a Planning Proposal for consideration by Council.  A Microsoft Word version of the template is provided together with a PDF version of the Guidelines. 

Proponent Initiated Planning Proposal Template(DOC, 762KB)

Guidelines for Proponent Planning Proposal(PDF, 127KB)

It is recommended that you also consult the Department of Planning & Environment's Guide to Preparing Planning Proposals and Strategic Planning Toolkit.

A summary of these requirements may be found in Chapter 8 of the Wingecarribee Local Planning Strategy 2015-2031(PDF, 154KB) which was adopted by Council on 23 March 2016 and endorsed by the NSW Department of Planning on 15 May 2017.  Chapter 8 is reproduced below and sets out the strategic framework within which a Planning Proposal will be considered.

Planning Proposals which are deemed by Council staff to not be of a satisfactory standard will be returned.

Planning Proposal Fees 

Proponents are also directed to Council's adopted Schedule of Fees and Charges outlining Planning Proposal fees and associated charges which will be payable.  

The Fees and Charges provide for a fee payable on lodgement of a Planning Proposal with an additional payment due, based on the size of the proposed development, should the Department issue a Gateway Determination to proceed with the Planning Proposal.  

Declaration to Accompany Planning Submissions

From 1 October 2008, section 147 (an extract may be viewed below) of the Environmental Planning and Assessment (EP&A) Act 1979 requires the disclosure of political donations and gifts when making submissions in respect of planning matters.

Please include Form 1 with your submission, even if your answer on that form is 'no'. If your answer is 'yes', you will also need to complete and lodge Form 2 with your submission.

Section 147 of EP & A Act(PDF, 44KB)

Political Donations Declaration Form 1(PDF, 24KB) 

Political Donations Declaration Form 2(PDF, 11KB)

Current Planning Proposals

Amendments to Wingecarribee Local Environmental Plan 2010 (WLEP 2010) are made by means of a Planning Proposal.  The status of all Planning Proposals (both completed and current) affecting WLEP 2010 may be viewed using the Department of Planning & Environment's LEP Tracking System on their website.  

Details of current planning proposals may be viewed using the links below.

Planning Proposal - 'Rochester Park', Bundanoon

On 14 August 2019 Council resolved to proceed with a Planning Proposal to amend Wingecarribee Local Environmental Plan (WLEP) 2010 by adding land at 102-104 Old Wingello Road, Bundanoon (Lot 32 DP 1205423) as a new heritage item and increasing the applicable minimum lot size controls. The intent of the proposed change to WLEP 2010 is to recognise the heritage significance of the property known as ‘Rochester Park’ in Bundanoon, by adding it to the list of heritage items in Schedule 5 of the WLEP 2010 and to prevent further subdivision of the site by increasing the minimum lot size from 700m2 to 1 hectare.

On 17 September 2020 the NSW Department of Planning, Industry & Environment (NSWDPIE) issued a Gateway Determination to progress the Planning Proposal to public exhibition. The Proposal is now exhibited in accordance with the Gateway requirements and submissions sought from the community.

Public Exhibition

The Planning Proposal is on public exhibition from Wednesday 14 October to Friday 13 November 2020, inclusive.

The Planning Proposal and associated documentation may be viewed under “Planning Exhibitions” on the Your Say Wingecarribee website at www.yoursaywingecarribee.com.au/planning. A hard copy of the documents can also be viewed at Council’s Customer Service Counter, Civic Centre, 68 Elizabeth Street, Moss Vale NSW 2577, between 9am and 4pm Monday to Friday during the exhibition period.

Delegation

It is noted that Wingecarribee Shire Council is NOT authorised to exercise the functions of the Minister for Planning under s.3.36 of the Environmental Planning & Assessment Act 1979 with regard to this Planning Proposal. This means that instead of Council (under delegation), the NSWDPIE will write the report to the Minister with recommendations on this Planning Proposal.

Enquiries

All enquiries should be directed to:

Strategic Planning Branch

Telephone: 02 4868 0888

Email: heritage@wsc.nsw.gov.au