FAQs

A Planning Proposal is a document which explains the changes which are proposed to an environmental planning instrument (In this case Wollondilly’s Local Environmental Plan). This explanation is provided through text and images. Council’s Local Environmental Plan zones land and provides controls which guide planning decisions in the Wollondilly Local Government Area.

The plan making process normally involves the following key components:

• The preparation of a planning proposal;
• The issuing of a Gateway Determination by the NSW government;
• Community and other consultation on the Planning Proposal (as required);
• Finalising the planning proposal;
• Drafting of the Local Environmental Plan (legal instrument);
• Making the plan;
• Notifying the Local Environmental Plan on the NSW Legislation website;

A planning proposal, once prepared, is forwarded to the Minister for Planning for consideration.

A Gateway Determination is issued by the Minister or delegate. The Gateway Determination will generally include the following:

• Whether the planning proposal should proceed (with or without variation);
• Whether any studies are required;
• Whether the planning proposal should be resubmitted for any reason;
• The community consultation requirements;
• Any consultation requirements with state or Commonwealth authorities;
• Whether a public hearing is to be held;
• The timeframe for completing the various stages of the process for making the proposed LEP;
• Whether the function of making the LEP is to be exercised by the Minister or delegated to the Council (or another authority).

Council may be required to release written comments or submissions to an application under the Government Information (Public Access) Act 2009 or the Local Government Act, 1993, which imposes obligations on us to release documents in certain circumstances.

The purpose of this Planning Proposal is to recognise the importance and significance of the Elizabeth Macarthur Agricultural Institute at Menangle, in particular the role that this facility plays in plant and animal disease research and biosecurity, rapid diagnosis of disease and local and regional emergency response, particularly in times of natural disasters and disease outbreaks.

The planning proposal aims to recognise the importance and unique operations of the site by rezoning the land from its current rural zone to a special activities zone. The application of a 500-metre buffer around the site also aims to prevent land use conflict and ensure that future development on surrounding lands considers any potential impacts on the ongoing operations of the Elizabeth Macarthur Agricultural Facility.

The buffer is proposed to apply to an area within 500m of the Elizabeth Macarthur Agricultural Institute site boundary, however, the buffer will not apply to the following lands:

• Land outside the Wollondilly Local Government Area boundary;
• Land within the Menangle and Camden Park Village boundaries (i.e. it will only apply to non-urban land);

The proposed buffer would remove (in most cases) the ability for development on surrounding lands to be undertaken as Complying Development, which is a fast track approval pathway for certain types of development. Instead, any development (other than minor development, known as exempt development) would need to gain approval via the Development Application pathway.

The intent of the buffer is to ensure that the following matters are considered as part of any future Development Application on surrounding non-urban land within 500m of the Elizabeth Macarthur Agricultural Institute site boundary:

• risk of rural land use conflict from nearby development;
• biosecurity risk to the facility from nearby development;
• the capacity for the facility to continue to operate in its current state;
• the measures (if required) that have been proposed with any future development to mitigate any impacts on the ongoing operations of the Elizabeth Macarthur Agricultural Institute facility.

Complying Development refers to a fast-tracked approval pathway for development types which are considered to be low impact, which can be determined either by Council or a private certifier. Complying Development can be undertaken where it meets a set of pre-determined development standards in a Council’s Local Environmental Plan, or most commonly within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

The proposed buffer (if supported) would remove the ability to undertake Complying Development on those lands to which the buffer would apply for most of the development types under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In this instance, a Development Application would need to be submitted for those uses and they would undergo a merit-based assessment, which would include having regard to the matters listed in the question above.

Exempt Development refers to development that may be undertaken without planning approval. Development can usually be carried out as exempt development where it meets a number of pre-determined standards under either Wollondilly’s Local Environmental Plan or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

The proposed buffer will not impact a landowner’s ability to undertake exempt development where it otherwise meets the required pre-determined standards in either Wollondilly’s Local Environmental Plan or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.