Spot rezoning – 121-123 Main St Wallerawang and adjoining land

 

What Is On Public Exhibition?

Planning Proposal – Lithgow Local Environmental Plan (Amendment 4) – Spot Rezoning Wallerawang.

What is a Planning Proposal

A planning proposal is a document that explains the intended effect of a proposed local environmental plan (LEP) and sets out the justification for making that plan.

This Planning Proposal

The objective of the Planning Proposal is to facilitate:

  • light industrial land use on the site; and
  • the continuation of the existing motel development land use on part of the site without limitation from existing use rights.

The Planning Proposal will amend Lithgow Local Environmental Plan 2014 as follows:

  • Amend the Lot Size Map for Lot 20 DP 1207089 from 40ha to Nil.
  • Amend the land use zone of the site from part Primary Production RU1 and Part SP2 Infrastructure (Electricity Generation) to Light Industrial IN2
  • Insert a new clause into Schedule 1 – Additional Permitted Uses to apply to Lot 20 DP 1207089 and Lot 1 DP 213770 to permit development for the purposes of Hotel or Motel Accommodation.

The Planning Proposal will only apply to:  Lots 1& 2 DP 213770 and Lot 20 DP 1207089, Main St Wallerawang.

 

Exhibition Documentation

The following documentation is on public exhibition to assist your understanding of the Planning Proposal and its intended effect.

Community Feedback

Lithgow City Council encourages and welcomes all feedback and comments on the Planning Proposal within the public exhibition period.

The Planning Proposal and supporting exhibition material are on public exhibition from 11 February 2021 to 12 March 2021 and are available for viewing at the following locations during ordinary opening hours:

  • Council’s website: council.lithgow.com
  • Council Administration Centre 180 Mort St LITHGOW NSW 2790
  • Lithgow Library 157 Main St LITHGOW NSW 2790
  • Wallerawang Library Main St WALLERAWANG NSW 2845
  • Portland Library 65 Williwa St PORTLAND NSW 2847

Should any person or group wish to make a submission on the Planning Proposal, it should be in writing and be received by 4.30pm on 12 March 2021.  Submissions should be addressed to: The General Manager, Lithgow City Council, PO Box 19 LITHGOW NSW 2790, quoting reference LLEP2014 (A4) or by emailing attention General Manager and quoting reference LLEP2014 (A4) at council@lithgow.nsw.gov.au.

 

Contact Us

If you require further information or have any difficulty with accessing information from this web site please contact Council’s Strategic Land Use Planner Team on 02 63549999 for assistance.

 

Strategic Context And Process

 

Council Resolution

A planning proposal has been requested to be prepared by Resolve Urban Planning on behalf of the registered landowners. This request forms the basis of this planning proposal.

This request was considered by Council at its Ordinary Meeting of 28 September 2020. Council resolved unanimously the following:

Minute No 20-222

 Due to an earlier declaration of interest, Councillor J Smith left the meeting at 08:32 pm and Councillor C Coleman left the meeting at 08:32 pm. 

 THAT

  1. Council supports the preparation of a Planning Proposal for Lot 20 DP 1207089, Lot 1 and Lot 2 DP 213770, Main Street Wallerawang to amend Lithgow Local Environmental Plan 2014 as follows:
  2. Amend the land use zone of the site from part Primary Production RU1 and Part SP2 Infrastructure (Electricity Generation) to Light Industrial IN2
  3. Insert a new clause into Schedule 1 – Additional Permitted Uses to apply to Lot 20 DP 1207089 and Lot 1 DP 213770 to permit development for the purposes of Hotel or Motel Accommodation.
  4. The Planning Proposal documentation once prepared be forwarded to the Western Region office of the Department of Planning, Industry and Environment for a Gateway Determination.
  5. Council consults with relevant government agencies as required. Council is to consult with Water NSW prior to the issuing of a Gateway Determination and Rural Fire Service prior to undertaking community consultation.
  6. Council advise NSW Department of Planning, Industry and Environment that it proposes to seek approval to use the delegated functions under S.3.36 (2)-(4) to make the plan following compliance with a Gateway Determination.
  7. A DIVISION be called in accordance with the requirements of Section 375A (3) of the Local Government Act, 1993.

 Divisions

 FOR: Councillor R Thompson, Councillor S Ring, Councillor W McAndrew, Councillor D Goodsell, Councillor D Goodwin, Councillor S Lesslie, Councillor M Statham

AGAINST: nil

 Councillor C Coleman returned to the meeting at 08:41 pm. Councillor J Smith returned to the meeting at 08:41 pm.

What is the wider strategic context of Planning Proposal

A Planning Proposal is the first step in making a Local Environmental Plan (LEP).  An LEP can only be amended by another LEP or Environmental Planning Instrument.

An LEP must be prepared within the broader strategic and policy framework of state and local government set down by legislation, strategies, policies and best practice guidelines and notes.

 

Acts and Regulations

These include the Environmental Planning and Assessment Act 1979 (EP & A Act) and the Environmental Planning and Assessment Regulation 2000.  The EP & A Act provides the framework for the NSW planning system and the mechanism for the preparation of local environmental plans

Local Planning Directions – Section 9.1 (pv S117.(2) Directions

The Minister for Planning, under section of the Environmental Planning and Assessment Act 1979 (EP&A Act) issues directions that relevant planning authorities such as local councils must follow when preparing planning proposals for new LEPs. The directions cover the following broad categories:

  • employment and resources
  • environment and heritage
  • housing, infrastructure and urban development
  • hazard and risk
  • regional planning
  • local plan making

An analysis of the application and consistency of the Planning Proposal with all applicable S.9.1 Directions is included in Part 3 Section B of the Planning Proposal.

All Local Planning Directions can be found on the NSW Planning and Environment Website at https://www.planning.nsw.gov.au/

 

State Environmental Planning Policies (SEPPs)

State environmental planning policies (SEPPs) deal with issues significant to the state and people of New South Wales.  They establish a range of policies that apply to all or part of areas across NSW.  SEPPs are higher order plans and override any provision within a Local Environmental Plan.

In preparing an LEP Council must ensure that its provisions are consistent with the relevant SEPPs.  An analysis of the application and consistency of the Planning Proposal with relevant SEPPs has been undertaken and is included in Part 3 Section B of the Planning Proposal.

A full version of each SEPP can be accessed at:

https://www.legislation.nsw.gov.au/#/browse/inForce/EPIs/S

 

LEP Practice Notes and Circulars

The NSW Department of Planning and Infrastructure have also issued a number of practice notes and circulars to guide the development of local plans.  These have been used to inform the development of the Planning Proposal

You can view these at: https://www.planning.nsw.gov.au/Plans-for-your-area/Local-Planning-and-Zoning/Resources

 

LEP Plan Making Process

A flowchart summarising the process for the making of the LEP is shown below:

Delegation for the making of Lithgow Local Environmental Plan 2014 (A3) has been issued to Lithgow City Council.