What Is On Public Exhibition?

Planning Proposal – Lithgow Local Environmental Plan (Amendment 3) – Spot Rezoning 88 Pipers Flat Road 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.

The Planning Proposal intends to amend Lithgow Local Environmental Plan 2014 to rezone Lot Y DP 407106, 88 Pipers Flat Road, Wallerawang from zone R5 Large Lot Residential to R2 Low Density Residential and change minimum lot size from 2ha to 800m2. This has the potential to yield about 12 new residential lots.

The objectives or intended outcomes of the Planning Proposal are to:

  • Provide additional low density residential lands through a rezoning;
  • Provide access to the site via a new road located off Brays Lane (not an arterial road);
  • Extend services to the site to allow for connections to water and sewer.

The Planning Proposal will only apply to: Lot Y DP 407106, 88 Pipers Flat Road Wallerawang.

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 for a twenty eight (28) day period from 2 November 2018 to 30 November and are available for viewing at the following locations:

  • Council’s website
  • Council Administration Centre 180 Mort St LITHGOW NSW 2790 Mon to Fri 8.15am-4.00pm;
  • Lithgow Library 157 Main St LITHGOW NSW 2790 Mon to Fri 9am-6pm, Sat 9am-12pm;
  • Wallerawang Library Main St WALLERAWANG NSW 2845 Tues-Wed 10am-1pm, 2pm-6pm, Thurs-Fri 2pm-6pm, Sat 9am-12pm; and
  • Portland Library 65 Williwa St PORTLAND NSW 2847 Tues-Wed 10am-1pm, 2pm-6pm, Thurs-Fri 2pm -6pm, Sat 9am-12pm.

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 30 November 2018.  Submissions should be addressed to: The General Manager, Lithgow City Council, PO Box 19 LITHGOW NSW 2790, quoting reference LLEP2014 (A3) or by emailing attention General Manager and quoting reference LLEP2014 (A3) 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 6354 9999 for assistance.

Strategic Context And Process

Council Resolution

A planning proposal has been requested to be prepared by the proponent Mr David McLoughlan on behalf of the registered landowners. The planning proposal request has been prepared by Anthony Daintith Town Planning Pty Ltd. This request forms the basis of this planning proposal.

This request was considered by Council at its Ordinary Meeting of 23 July 2018. Council resolved unanimously the following:

Minute No 18-187

  1. Council supports the preparation of a Planning Proposal for Lot Y DP 407106, being 88 Pipers Flat Road Wallerawang to amend Lithgow Local Environment Plan 2014 as follows:
    1. amend the land zone of the site from R5 Large Lot Residential to R2 Low Density Residential
    2. amend the lot size from 2ha to 800m² to enable the subdivision of the land for residential purposes.
  2. The Planning Proposal documentation once prepared be forwarded to the Western Region office of NSW Department of Planning and Environment for a Gateway Determination.
  3. Council advise NSW Department of Planning and Environment that it proposes to seek approval to use its delegated functions under S. 3.36(2)-(4) of the Act to make the plan following compliance with a Gateway Determination.
  4. A DIVISION be called in accordance with the requirements of Section 375A (3) of the Local Government Act, 1993.

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.

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

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:


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.

*Please note the EP & A Act 1979 has been renumbered.  The flowchart references the previous section numbers however the process remains unchanged.



Exhibition Documentation

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

Planning Proposal

Appendix 1- Council Report and Minute
Appendix 2 - Preliminary Contamination Investigation
Appendix 3- Delegation Evaluation Checklist

Gateway Determination

Water NSW Response

RMS response