A proponent-initiated Planning Proposal request is a submission to Council and the Department of Planning, Housing and Infrastructure (DPHI), via the NSW Planning Portal, to facilitate the amendment of an LEP under one or more of the following Planning Proposal categories (see Local Environmental Plan (LEP) Making Guidelines 2026):
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Standard
A standard planning proposal refers to one or more of the following types of LEP amendment:
- To list or amend a local heritage item
- To introduce a broad base affordable housing contribution scheme
- To change the land use zone where the proposal is consistent with the objectives identified in the LEP for that proposed zone
- To give effect to a strategic plan, where it is consistent with the priorities and intent of that plan
- To alter the principal development standards of the LEP
- To add a permissible land use or uses and/or any conditional arrangements under Schedule 1 Additional Permitted Uses of the LEP
- To classify or reclassify public land through the LEP
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Complex
A complex planning proposal refers to one or more of the following types of LEP amendment:
- To change the land use zone and/or the principal development standards of the LEP, which would result in a significant increase in demand for supporting local, regional or state infrastructure and would require infrastructure funding
- To respond to a new policy or study (e.g. employment lands study) where there is a change in circumstance
- That is inconsistent with a strategic plan
- To respond to a change in circumstances that would result in an inconsistency with a strategic plan
- To create a new LEP that applies to the whole LGA or to consolidate one or more LEPs into a new principal LEP
- Any other amendments that are not categorised as standard.
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The proponent-initiated Planning Proposal request stage generally involves the following:
- Preparation of a Planning Proposal, following the Pre-Lodgement stage (if required);
- Planning Proposal Lodgement and Fee Payment of the applicable Planning Proposal Fees;
- Review of the submitted Planning Proposal by Council, followed by Referrals, and Request for Further Information (RFI) or Planning Proposal Assessment responses;
- Council Meeting Resolution of the Planning Proposal Assessment at the monthly Council Meeting, and rezoning review (if required);
- The Council Meeting Resolution is submitted to the Minister for Planning (DPHI) via the portal and a Gateway Determination is issued to Council. If required, a Gateway Review may be requested;
- The Post-Gateway, Public Exhibition and Submissions process is then carried out and any submissions are reviewed and addressed accordingly; and
- Finalisation of the Planning Proposal is completed and gazetted via the NSW Legislation website.
Note: payment of the Planning Proposal fee must be paid to Council and a receipt of payment must be uploaded to the Planning Portal at step 2 prior to step 3 and 4 commencing.
Disclosure of political donations
A Political Donation and Gift Disclosure Statement must accompany the written request to Council to initiate the making of a Local Environmental Plan. Under s147 of the Environmental Planning & Assessment Act 1979, all relevant political donations and gifts must be disclosed by individuals or entities with a relevant financial interest when a planning application is made.
Before investing significant time and resources into preparing a Planning Proposal, proponents are strongly encouraged to have previously:
- Completed a Preliminary Enquiry and/or Pre-Lodgement meeting (if required) at the Pre-Lodgement stage with Council;
- Submitted a Scoping Report to Council and paid the applicable Scoping Report Assessment fee, if required; and
- Received a Scoping Report Assessment response from Council that either suggests the proposal is appropriate, or requires changes/additional information prior to lodgement of the Planning Proposal.
A Planning Proposal must be prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the Local Environmental Plan (LEP) Making Guidelines 2026.
A Planning Proposal must clearly include:
- The intended outcomes of the proposal;
- The proposed amendments to the Local Environmental Plan (LEP);
- The strategic and site-specific justification for the proposal and outcomes;
- Any environmental, social and economic impacts;
- Supporting technical studies and investigations;
- Community consultation requirements; and
- A project timeline.
Depending on the Planning proposal categories and the proposal being sought, a Planning Proposal generally requires the following:
Site Information
- Location of the proposal (site/street address or addresses);
- Legal description (Lot(s) & DP number(s));
- Site areas for each Lot;
- Land ownership details; and
- A site location plan/map and aerial imagery.
Existing Planning Controls
- Current zoning;
- Existing land use permissibility;
- Current development standards; and
- Any applicable planning constraints or overlays.
Proposed LEP Amendment
A clear description of:
- Amendments being sought;
- Where the amendment will affect the LEP;
- Proposed zoning changes;
- Proposed minimum lot size changes;
- Changes to development standards;
- Additional permitted uses;
- Heritage or mapping amendments; and
- Any other proposed changes to planning controls that fall under the Standard or Complex Planning proposal categories.
Strategic Justification
Explanation and demonstration of:
- Why the amendment is required;
- Why the amendment affecting the LEP is deemed appropriate;
- How the proposal aligns with and responds to relevant strategic planning documents; and
- How the proposal aligns with and responds to local or regional planning objectives.
Key Planning Issues
Identification of potential constraints or matters relevant to the site, including but not limited to:
- Biodiversity;
- Bushfire risk;
- Flooding risk;
- Heritage;
- Infrastructure servicing;
- Traffic and transport;
- Agricultural land;
- Environmental constraints;
- Natural hazards; and
- Any other relevant matters.
Anticipated Supporting Studies
The Planning Proposal should include any technical studies that are required. Examples may include, but are not limited to:
- Traffic Impact Assessments (TIA);
- Flood studies;
- Biodiversity assessments;
- Bushfire assessments;
- Heritage impact assessments;
- Infrastructure servicing reports;
- Economic assessments; and
- Any other relevant technical studies.
Planning Proposal Lodgement
Once the Planning Proposal has been prepared, the Planning Proposals must be submitted via the NSW Planning Portal.
Please see the Department of Planning, Housing and Infrastructure’s (DPHI) How to create and submit a Planning Proposal document for a step-by-step guide to proponent-initiated Planning Proposals.
Applicants can also track the progress of their Planning Proposals via the Planning Proposals Online function on the NSW Planning Portal.
Fee Payment
Following the submission of a Planning Proposal to Council via the Planning Portal, Council will issue the applicant with an invoice for payment of a fee for either a Standard or Complex Planning Proposal. See the following link for Planning Proposal Fees required for the current financial year.
Once payment has been made, a receipt of payment must be uploaded via the Planning Portal under the relevant Planning Proposal number, and emailed to Council (admin@murrayriver.nsw.gov.au), before the Planning Proposal can then progress to step 3 to 7 of the Planning Proposal stage.
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Planning Proposal Fees
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Categories
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Item
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Financial Year 2026-2027 including GST
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Planning Proposal: Minor (Standard) Amendments to Murray (2011); and Wakool (2013) Local Environmental Plan (LEP)
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- Initial Assessment
- Advertising and Notification fee
- Preparation of LEP
- Mapping
- Requires DCP Amendment
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Refer to the current Planning Proposal Fees for respective Categories.
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Planning Proposal: Major (Complex) Amendments to Murray (2011) and Wakool (2013) Local Environmental Plan (LEP)
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- Initial Assessment
- Advertising and Notification fee
- Preparation of LEP
- Mapping
- Requires DCP Amendment
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Refer to the current Planning Proposal Fees for respective Categories.
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Following the uploaded receipt of payment for the Planning Proposal via the Planning Portal, Council’s Strategic Planning Team will:
• Review the Planning Proposal for completeness;
• Undertake an assessment of the information provided; and
• Either:
1. Send a formal written Request for Further Information (RFI) to the applicant via the Planning Portal requiring additional information and/or alterations to the submitted Planning Proposal; or
2. Prepare a Planning Proposal Assessment report to take to a Council Meeting for a resolution in support (or otherwise) of the proponent-initiated Planning Proposal, where the matter will be decided.”
Note: during the Planning Proposal submission process, Council may be required to refer the Planning Proposal to internal Council Departments, external State Government Agencies (including the Development Coordination Authority (DCA)), or Infrastructure Service Providers.
As mentioned in step 3, once the Planning Proposal Assessment report has been completed, it is taken to a Council Meeting for a resolution in support (or otherwise) of the proponent-initiated Planning Proposal.
Where Council does support a proponent-initiated Planning Proposal at the Council Meeting, Council’s Strategic Planning Team will then prepare a Gateway Determination request via Planning Portal and forward this, along with the Planning Proposal to the Minister for Planning (Department of Planning, Housing and Infrastructure (DPHI)).
Gateway Determination
The purpose of a Gateway Determination is to ensure there is sufficient justification to proceed with a Planning Proposal. The Gateway Determination is a checkpoint in the process to ensure that those Planning Proposals without strategic planning merit are stopped before resources are committed.
The Gateway Determination will indicate the following:
- Whether or not the planning proposal should proceed, with or without variation;
- Whether any specialist studies are required;
- Whether the planning proposal should be resubmitted or revised;
- The community consultation requirements before the proposed instrument is made;
- If any consultation is required with State or Commonwealth Agencies;
- Whether a Public Hearing needs to be held;
- The time frames for the various stages of the proposal; and
- Whether Council is delegated with plan making functions.
The Gateway Determination is a critical review point conducted by the Minister for Planning (DPHI) and is issued via the Planning Portal.
Post-Gateway and Public Exhibition
Following the Gateway process, the Planning Proposal is then publicly exhibited and community consultation is carried out in accordance with the requirements of the Gateway Determination. All Gateway Determination conditions must be met.
The exhibition period is determined by the Gateway determination and may vary depending on the scale and complexity of the proposal. Generally, planning proposals are exhibited for 14 or 28 days. A notice is placed in the local newspaper, adjoining and affected land owners are notified via post, and a copy of the draft Planning Proposal, the Gateway Determination and any other relevant information is placed on Council’s website, and on the respective page for the Planning Proposal via the Planning Proposals Online function.
Planning Proposal amendments may be made without Public Exhibition that the Minister for Planning (DPHI) considers will not have any significant adverse impact on the environment or adjoining land.
Submissions
Any individual, organisation or group can provide a submission to a proposed Planning Proposal amendment during the designated notification period (14 or 28 days). Submissions must be made in writing on the respective page for the Planning Proposal via the Planning Proposals Online function under the ‘Submissions’ tab, or emailed directly to admin@murrayriver.nsw.gov.au and addressed to the Chief Executive Officer, Murray River Council.
A report is then prepared and reported to Council where the submissions are considered. You will be advised when Council is considering the matter and you will be notified of the outcome. The Council report includes a recommendation whether or not to adopt the Planning Proposal amendment.
Where Council has delegation, Council requests Parliamentary Council to prepare the draft Planning instrument, as part of the approved Planning Proposal. After Council’s Chief Executive Officer approves the draft instrument, Council then requests the Department (DPHI) to notify the plan.
The Planning Proposal amendment takes effect when it is published and gazetted on the NSW Legislation website.
Note: For further information relating to Local Planning Panel matters, rezoning review requests, or Gateway determination reviews, please refer to the Local Environmental Plan (LEP) Making Guidelines 2026 and associated Departmental requirements.