Timeline

October 2021: Council prepared Draft Amendment 16 to LEP 2015 which sought to standardise and introduce minimum lot sizes for dual occupancy and multi dwelling housing along with a local variation to the drainage controls in the Low Rise Code. This planning proposal was prepared in response to discussions with the NSW Department of Planning regarding Amendment 13 to LEP 2015 which also addressed Council’s concerns with the Codes SEPP. It was decided that amendment 16 be prepared as a separate planning proposal to address the Low Rise Code minimum lot sizes in the event that the exemption being south by Council was not supported. The Draft Amendment 16 was endorsed at the Ordinary Meeting of the Council on 26 October 2021 for Gateway review by the State Government. Business Paper - Item 19 and Confirmed Minutes

June 2022: Council endorsed proposed changes to the Amendment 16 to LEP 2015 which were previously included in related Planning Proposal, draft Amendment 13A.

August 2022: The NSW Department of Planning (the Department) issued an initial Gateway determination for the proposal, approving it for public exhibition. However, various conditions were imposed in this determination including the removal of the request to strengthen stormwater management controls which Council did not support. Council resolved to raise an objection to this condition with the Department as it would not achieve the adopted policy position of the proposal. Business Paper - Item 17 and Confirmed Minutes

January 2023: After discussions with the Department to provide an amended Gateway determination, it was resolved that council withdraw the Planning Proposal and resubmit due to an inability to meet the finalisation milestone.

February 2023: Council endorse an updated Draft Amendment 16A to LEP 2015 to be resubmitted to the Department as per the previous Gateway directions. Please see attached document for the relevant business paper and confirmed minutes.

April 2023: Council submitted the Draft Amendment for Gateway determination in line with previous communication and ongoing discussions. Amendment 16A included alterations to minimum lot sizes for dual occupancy and multi dwelling housing in LEP 2015 alongside the local variation to drainage controls in the Low Rise Code.

June 2023: The Department issued a Gateway determination for the planning proposal, approving it to proceed to public exhibition subject to a number of conditions. These conditions requested that the planning proposal be amended to remove reference to the stormwater management controls in the same manner of the previous gateway determination in August 2022.

1. July 2023: Council amended the draft planning proposal to satisfy the conditions of the Gateway Determination, seeking variations to LEP 2015 by providing:
2. A single minimum lot size for all dual occupancy (attached or detached).
3. Minimum lot size provision for multi dwelling housing and manor houses.

The purpose of these minimum lot size amendments will be to ensure that the protection of local character and environmental values remain consistent with LEP 2015 for development under the Low Rise Code. While the stormwater provisions of the planning proposal have been removed to satisfy the determination conditions, this issue within the Codes SEPP is part of an ongoing discussion between Council and the Department.

The NSW Department of Planning has agreed to the amended draft planning proposal and is satisfied that relevant conditions of the Gateway Determination have been met.

August 2023: The draft Amendment 16A to LEP 2015 has been prepared for public exhibition and will be available for comment as per the requirements of the Gateway Determination and Councils Community Participation Plan 2021.