Frequently Asked Questions
What is a Local Environmental Plan (LEP)?
A Local Environmental Plan (LEP) is prepared by Council to guide planning decisions for the local government area and is principally made up of a written instrument and associated maps. Through zoning and development controls, it allows Council to supervise the ways in which land is used. Specifically, the LEP states whether development:
- is permissible on the land;
- is subject to specific restrictions, including controls on height, minimum land area and floor space;
- requires consent of Council.
A WLEP is prepared in accordance with the Environmental Planning and Assessment Act 1979, and is approved by the Minister for Planning.
Council’s current LEP is Willoughby Local Environmental Plan 1995 (WLEP 1995). This document contains the planning controls for Willoughby City with the exception of Chatswood CBD. Existing planning controls for Chatswood CBD can be found within Sydney Regional Environmental Plan No 5 (Chatswood Town Centre). The Draft Willoughby Local Environmental Plan 2009 will replaces these 2 documents.
Why is WLEP 1995 and SREP5 being revised?
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 for Councils to use. All Councils in NSW are required to prepare a new comprehensive Local Environmental Plan in accordance with the Standard Instrument (Local Environmental Plans) Order 2006, known as the “Standard Instrument”.
The Standard Instrument provides a format for all new comprehensive LEPs in NSW. It identifies the standard zones, 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 the Minister. The Standard Instrument and explanatory notes can be viewed at the Department of Planning website at www.planning.nsw.gov.au.
How has Council prepared its new Local Environmental Plan?
Council has, where possible, transferred the provisions in Willoughby Local Environmental Plan 1995 (WLEP 1995)and Sydney Regional Environmental Plan No 5 (Chatswood Town Centre) (SREP 5) into the new draft LEP. In addition, the State Government’s policies for the area contained in the Draft Inner North Sub Regional Strategy, have had to be incorporated into the new draft local environmental plan.
The draft plan follows the Standard Instrument format. It is intended that the new draft plan will correspond with the zones, zone objectives and provisions of Council’s current LEP and SREP, where possible. The draft plan has also taken into consideration the State Government’s Metropolitan Strategy and the Draft Inner North Subregional Strategy (which was produced by the NSW Government and sets dwelling and employment targets). Therefore, the draft plan includes rezonings which support the intention of these State policies.
For each zone, the draft LEP includes “core” objectives for development in the zone and mandated permitted or prohibited land uses set by the standard instrument. Local objectives and additional permitted or prohibited land uses have been included by Council where historical or special circumstances justify a change to the standard zones. A direct transfer to an equivalent zone from WLEP 1995 or SREP 5 to the standard instrument is not always possible. In addition, the standard instrument terminology and definitions are sometimes different to Council’s existing plans. The State Government must approve all variations to the Standard Instrument LEP.
Is my residential property being rezoned?
The majority of dwellings in the City are being zoned to reflect their existing zoning. However, some residential properties are proposed to be rezoned to allow a higher density. The letter you received from Council will specify your property’s proposed zoning.
Why should I be interested in this exhibition?
The new draft LEP will affect what you can do on your land and what can happen on your neighbours’ land. If you wish to do anything on your land in the future, you should have a look at the documents on exhibition to see how they could affect your future development plans as the land use tables and controls may differ from the existing controls.
If I own land in one of the areas proposed to be rezoned, do I have to develop?
Whether you develop or the timing of any development is up to the owner. Development cannot proceed until the land is rezoned and a consent is given. Council is not seeking to buy land or force residents to re-develop their property. Some people may wish to develop or sell their property in the short term; others in the long term; others not at all. The property owner makes that decision.
How does the exhibition of the draft LEP affect a DA submitted to Council?
Willoughby Local Environmental Plan 1995 and Sydney Regional Environmental Plan No 5 (Chatswood Town Centre) will continue to apply until the Minister approves the final LEP. However, once the draft plan is placed on public exhibition, it does have some status under planning legislation. Both the existing plans and the draft LEP will need to be considered by applicants, and Council when assessing Development Applications (DAs) during the interim period.
What is a Development Control Plan?
A Development Control Plan (DCP) specifies detailed guidelines and environmental standards for new development which need to be considered in preparing a Development Application.
Willoughby Development Control Plan is also under review to be consistent with the new draft LEP. This exhibition contains amendments to development controls for the City’s business centres. Other parts of the Willoughby Development Control Plan are currently being reviewed and will be exhibited subsequently.
How can I make a submission?
All submissions must be in writing. Prior to making a submission, please note 
Privacy Statement - 31 KB and Disclosure of Political Donations or Gifts. Submissions can be posted, emailed or by the submission form at Council’s web site. Make sure you include your name, and contact details.
Informal comments / discussions can also be posted online at www.bangthetable.com.
Please note that only written comments made directly to Council will be acknowledged with a standard acknowledgement letter. A detailed report on submissions will be reported to Council after the completion of the formal exhibition period. Details of all submissions will also be sent to the NSW Department of Planning.
When does the exhibition finish?
The exhibition period will end on Thursday 20 May 2010.
What happens next?
After the exhibition period ends, Council will assess all the submissions that have been made and decide how best to address the issues raised. In some cases this will mean changing the plan or maps, in other cases Council may not be able to address an issue, particularly if it has been raised about compulsory parts of the plan which Council did not write (parts in black text).
Once all the submissions have been assessed, the draft plan will be presented back to Council along with a report which outlines the issues raised in the submissions and how they will be addressed. Council will then decide whether to forward the plan to the Department of Planning or whether more work needs to be done before this can occur.
When Council resolves to forward the plan to the Department of Planning, they will consider it and assess if the issues raised in the submissions have been addressed. If the Department then agrees with the final draft Plan, the Minister will “make” the plan which means that it will become law. This process is likely to take several months. Once the plan has been made, all zones, development standards and other provisions will come into effect. The making of the plan (on gazettal) will bring the provisions of Draft WLEP 2009 into force.