Council has compiled a  list of frequently asked questions about the draft LEP. The information explains what the LEP is, why a new LEP has been prepared, when the LEP will be finalised, where the LEP can be viewed and how the LEP affects development applications.

What is a Local Environmental Plan LEP?

LEP stands for Local Environmental Plan. LEPs are made under the Environmental Planning and Assessment Act 1979 which contains rules on how they can be made, what they must contain and the steps a Council must go through to prepare them.

It guides the legal framework for land use and development by 'zoning' all land.

An LEP includes appropriate identification of land uses that are allowed in each zone and controls development through other planning controls such as maximum building height and floor space ratio and minimum lot size for the Local Government area.

An LEP also contains a range of controls such as those relating to heritage items and subdivision standards.

What information makes up the draft LEP?

The information that makes up the draft LEP includes:

• Draft Newcastle Local Environmental Plan 2011 (Written document) – this draft document outlines the types of land uses permitted in each zone as well as a range of other planning controls, relating to development.

Draft LEP maps including:

• Land application map
• Land zoning map
• Floor space ratio map
• Height of buildings map
• Land reservation acquisition map
• Heritage map
• Lot size map
• Key Sites Map
• Acid sulfate soils map
• City Centre map 

The written documents and maps as reported to Council on 21 June 2011 can be accessed here.

Why is Council preparing a new LEP for the City?

The NSW Government has developed a Standard LEP template to provide consistency in planning terminology and structure across the state.

The standard format template incorporates standard planning provisions, clauses, definitions and zones into the one document. It identifies standard zones and zone objectives and specifies permitted and prohibited uses in zones, and identifies compulsory and optional provisions. Council may add other provisions which are relevant to local planning issues.

All local councils are required to adopt the new standard format. Newcastle LEP 2011 will also reflect the outcomes of the Government’s Lower Hunter Regional Strategy.

When will the Newcastle LEP 2011 be finalised?

The NSW Government has established a timeframe in which each council should complete its LEP. Newcastle LEP 2011 will be finalised following its publication (or gazettal).

How will Newcastle LEP 2011 differ from the existing Newcastle LEP 2003 (LEP 2003) and the Newcastle City Centre LEP 2008 (LEP 2008)?

As far as possible, Newcastle LEP 2011 will be a ‘conversion’ of the existing Newcastle LEP 2003 into the Department of Planning’s Standard LEP template.  For some of the current land use zones, however, there is no equivalent zone in the standard LEP template. The LEP 2008 was in a format consistent with the Standard LEP and transferred to the new LEP 2011.

Why is the land around the Newcastle Port area not included in the Newcastle LEP 2011?

The Major Development State Planning Policy (SEPP) (Three Ports Amendment) specifics land use controls around Newcastle Port. The SEPP was implemented by the NSW State Government and Council’s LEP cannot legally apply to this area.

How can I find out how Newcastle LEP 2011 affects my property?

If your land falls within the land covered by the plan, then the LEP maps and land use tables will provide you with the key information to help you understand the planning controls that will apply to your land. In addition, there are some issue or location specific clauses in the plan that only affect certain parts of the Newcastle LGA. You should look at the various maps to determine if there are other clauses that apply to your land.

If I require more assistance, or have any questions, who should I contact?

If you require assistance or clarification on what some of this information means, you can call Council on (02) 4974 2881 and ask to speak with a member of Council’s Strategic Planning Services Team.

What affect does the draft LEP have on development proposals?

As provided by the Environmental Planning and Assessment Act 1979, from the time the draft LEP is placed on public exhibition the Council must consider the draft LEP in determining development applications. The draft LEP also provides that if a development application is lodged before the exhibition of the plan, but not yet determined it will be assessed under both the draft and existing LEPs.

What happens next?

Council has resolved to adopt the draft Newcastle LEP 2011 as reported to Council on 21 June 2011. The draft LEP has been referred to the Department of Planning and Infrastructure to obtain Parliamentary Counsels opinion on whether it may be legally made.

After completion of the legal review, the next step is to refer the draft Newcastle LEP 2011 to the Minister for Planning and Infrastructure requesting that the draft LEP be made.

 Once the plan has been made (i.e. published in the Government Gazette) all the zones, development standards and other provisions will come into effect and replace current controls.

See also on this website:
Status of draft LEP

Enquiries:  Strategic Planning Services (02) 4974 2881