Frequently asked questions
What is a Local Environmental Plan (LEP)?
LEPs are prepared by councils to guide planning decisions and control development through land use zoning and development standards.
Land use zones identify the land uses that are permitted or prohibited. Development standards control the building form of development, such as density and height standards.
A LEP is prepared by council in consultation with the community before it is approved by the Minister for Planning and Infrastructure. The Minister grants approval in accordance with the Environmental Planning and Assessment (EP&A) Act and associated Regulations.
The Hornsby Shire Local Environmental Plan 1994 (HSLEP) is the main environmental planning instrument that currently applies to Hornsby Shire. Thirty two (32) zone, area and issue based Development Control Plans (DCPs) provide detailed development guidelines to supplement the HSLEP.
Why is Council preparing a new Local Environmental Plan (LEP)?
The NSW Government has introduced a range of reforms aimed at streamlining the planning process. One of the reforms includes the release of a standard Local Environmental Plan template (Standard Instrument) for councils to use. All councils in NSW are required to prepare a new Local Environmental Plan in accordance with the Standard Instrument.
The Local Environmental Plan template outlines how council’s new Local Environmental Plan should be structured. 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.
How will Council prepare its new Local Environmental Plan (LEP)?
Council is transferring its current planning instrument, the HSLEP, into the new format. It is incorporating new planning provisions resulting from recent local strategies prepared by Council and the recent regional and subregional planning strategies undertaken by the NSW Department of Planning and Infrastructure.
What is happening now?
To date, Council has prepared a draft Plan and consulted with relevant Government agencies, neighbouring councils and the Department of Planning and Infrastructure pursuant to Sections 34A and Section 62 of the Environmental Planning and Assessment Act, 1979. Council has also received conditional certification which has necessitated revision of the draft plan. Should Council endorse the revised plan, next step in the process involves seeking the re-issue of the Section 65 Certificate from the Department of Planning and Infrastructure to enable public exhibition of the draft Plan.
Progress on the new LEP will be reported to council on a regular basis.
How can the community provide input?
The draft Hornsby LEP will be exhibited for community comment in mid 2012. The draft Plan will be widely exhibited to maximise opportunities for public comment. The exhibition will include an on-line feedback forum, advertisements in local papers and distribution of information brochures.
What are the recent State Government planning reforms?
On 30 September 2004, the NSW Government announced a number of planning reforms, including simplified planning instruments.
The planning reforms aim to achieve consistency in land use management decision making. Council's new LEP will help this aim by clarifying the State’s strategic plans, planning circulars and guidelines which local councils currently need to consider when planning.
The reforms also involve the preparation and implementation of Regional Strategies to direct sustainable development in regions over a 30 year period. The Government has prepared the Metropolitan Strategy for the Greater Sydney Metropolitan Area and subregional strategies to assist in implementing the Metropolitan Strategy.
The latest version of the Metropolitan Strategy (2036) is based on an expected population increase of 1.7 million people between 2006 and 2036 to 6 million. The Strategy is also based on the need for an additional 770,000 dwellings and 760,000 jobs between 2006 and 2036 in order to cater for Sydney’s expected population growth.
The Metropolitan Sydney has been divided into ten subregions and subregional strategies prepared. Hornsby is located in the North Subregion which it shares with Ku-ring-gai Council. The draft North Subregional Strategy (based on the former Metropolitan Strategy (2031)) has been prepared by the Department of Planning and Infrastructure and includes two key targets to be achieved by 2031; namely 13,500 additional jobs (9,000 in Hornsby and 4,500 in Ku-ring-gai) and 21,000 dwellings (11,000 in Hornsby and 10,000 in Ku-ring-gai).
The Metropolitan Strategy and draft North Subregional Strategy can be viewed on the Department of Planning and Infrastructure website.
The reforms also aim to reduce the number of planning instruments, prevent duplication, promote uniformity in plans across local government and reduce delays in the development approval process. The planning reforms will also reduce the number of State Environmental Planning Policies (SEPPs) and require councils to prepare a single consolidated Development Control Plan (DCP) that applies to a locality or the entire local government area.
What is the Standard Instrument?
The Standard Instrument (LEPs) Order 2006 came into effect on 31 March 2006. The Order has been revised on a regular basis with the latest version gazetted on 25 February 2011. The Order specifies the form and content of Local Environmental Plans for a local government area. Every council in NSW must prepare a new LEP using the Standard Instrument.
The Standard Instrument provides a consistent format for all new LEPs in NSW. The Standard Instrument identifies the standard zones and zone objectives, mandating certain permitted and prohibited uses in zones, and identifies compulsory and optional provisions. Other provisions relevant to local planning issues can be added but only with the approval of the NSW Department of Planning and Infrastructure and the Minister. The Order, the Standard Instrument and Explanatory Notes can be viewed on the Department of Planning and Infrastructure website.
The new Local Environmental Plan will control development and guide planning decisions made by Council. It will also ensure that new development is sustainable and compatible with the character of the shire.