Including Local Environmental Plan (LEP) and Development Control Plan (DCP)
In 2006 the State Government commenced a series of new planning reforms to improve the NSW Planning System. As a result of this, Council is required to prepare new land use and development requirements for all land in Byron Shire. These will replace all existing requirements (i.e. Byron LEP 1988 and all DCPs).
All Councils in NSW will use a standard template to prepare a new Local Environmental Plan (LEP) accompanied by a new Development Control Plan (DCP). Council’s new Shire-wide LEP is supported by a Local Environmental Study (LES).
This is a significant body of work that Council has been working on during the past 3 years in an attempt to comply with the numerous directions set by the NSW Department of Planning.
Status of Byron Shire-wide LEP preparation
A draft LEP and LES was prepared and first considered by Council at its Ordinary (Planning) meeting held on 14 August 2008. At this meeting Council decided to defer consideration of the matter until after the local government elections in September 2008. Click on the following links for the Agenda & Minutes of this meeting.
Ordinary (Planning) Meeting Thursday 14 August 2008 10.30am
The draft LEP and LES was next considered by Council at an Extraordinary meeting held on 31 October 2008. At this meeting Council decided to adopt the LES and to endorse the draft LEP for forwarding to the Department of Planning with a request to publicly exhibit the documents. They also decided to make minor amendments to the draft LEP as proposed and to receive a further report on the draft LEP prior to the public exhibition period.
Subsequent to the 31 October 2008 Council meeting the relevant documentation was prepared and the draft Shire-wide LEP was amended according to the Council’s resolutions for forwarding to the NSW Department of Planning (DoP). The documents were forwarded in December 2008 with a request for DoP to allow the draft LEP to be publicly exhibited.
As of July 2009, Council has received no formal feedback from DoP regarding its request. Until this feedback is received the preparation of the draft LEP cannot progress. Council has been given no indication of when a response from DoP may be received.
The next major milestone in the process is DoP permission to exhibit the draft LEP and then the exhibition period itself. There are a number of steps remaining before this milestone is reached, including:
- Receipt of formal feedback/advice from DoP (timing unknown)
- Amend the draft LEP where necessary and prepare a report for Council’s consideration
- Council considers the revised draft LEP and makes a decision as to whether to request DoP permission to exhibit the revised draft LEP and place it on public exhibition when that permission is obtained.
- Request sent to DoP for permission to exhibit the revised draft LEP
- Permission granted by DoP to publicly exhibit the draft LEP
- Preparation of exhibition material
- Public exhibition period (likely to be 2-3 months duration) and receipt of submissions. Due to the unknown timing of all preceding steps it is not possible at this time to indicate the anticipated timing of the exhibition period.
The Shire-wide Planning Process flowchart illustrates the entire process involved in preparation of the draft Shire-wide LEP.
It is important to note that formal submissions on the draft LEP and supporting documents cannot be accepted by Council until the public exhibition period. Also as changes to the draft LEP are expected prior to exhibition a current version of the draft LEP is not publicly available.
This website will be updated as more information becomes available on the anticipated timing of the exhibition.
Status of Byron Shire-wide DCP preparation
The Shire-wide DCP will support the new Shire-wide LEP by providing more detailed standards for certain types of development, development in certain locations and development in areas affected by hazards or constraints.
In November 2008, Council endorsed the scope of the new Shire-wide DCP. Following that decision work began on drafting the new Shire-wide DCP provisions. Council has engaged a planning consultant to prepare most sections of the DCP. It is anticipated that the draft Shire-wide DCP will be publicly exhibited for comment at the same time as the draft Shire-wide LEP.
Preparation of the Shire-wide Local Environmental Study
The Byron Shire Local Environmental Study (LES) examines the characteristics and constraints of all land in Byron Shire and forms the basis for land use zoning and provisions for the new Byron Shire Local Environmental Plan (LEP).
The Study also examines the characteristics and restrictions of the land such as if the land is a protected wetland, is prime agricultural land, has acid sulphate soils, is flood prone, and the demographics of the population. It will provide an assessment of these issues against relevant land use controls.
The LES will draw upon key documents that have already been developed by Council such as the Byron Local Environmental Plan 1988, the Biodiversity Conversation Strategy and all development strategies for towns and villages, to name a few.
The LES is the first document that was prepared for the Shire-wide LEP process and underpins and justifies the zonings and provisions contained within the draft LEP.
The public exhibition of the draft LEP will include the LES as supporting documentation.
Consultation and Community
Council staff will soon be convening a focus group of representatives from the community who will be tasked with preparing a community consultation strategy for the public exhibition of the draft LEP & draft DCP. This strategy will outline the type of stakeholder consultation to be carried out during the public exhibition period. Focus group representatives have already been selected and the process will be carried out over the coming months.
Where to find further information
NSW Department of Planning website
Information on the Standard LEP template, related legislative changes and guidelines can be found on the Local Environmental Plans page of the Department of Planning website.
Council’s Community Planning Team
Planning staff in the Community Planning Section of Council are available to answer any questions you may have regarding the Shire-wide Planning Process.
Telephone: 02 6626 7126
Email: council@byron.nsw.gov.au
