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ARTICLE · 18 JUNE 2015

Planning proposals under the gateway process: Are community consultation requirements as rigorous as before?

Corrs Chambers Westgarth
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The community consultation regime continues to be applicable to the new LEP making regime under the EPA Act 1979 (NSW).

AustraliaReal Estate and Construction
Louise Camenzuli
Louise Camenzuli
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Sheahan J has confirmed in Ryan v Minister for Planning [2015] NSWLEC 88 that the final products of planning proposals made under Division 4 of Part 3 of the Environmental Planning and Assessment Act 1979 (EPA Act) are subject to the same community consultation requirements established by the Court of Appeal in Leichhardt Council v Minister for Planning (No 2) (1995) 87 LGERA 78 (Leichhardt Decision). In particular, Sheahan J's judgment provides important guidance on the scope of amendments that can be made to planning proposals following exhibition where no re-exhibition is to occur.

BACKGROUND

In April 2011, Lismore City Council (Council) resolved to support a planning proposal to rezone approximately 255 ha of land on the North Lismore Plateau (Land), primarily for residential development and environmental protection (Planning Proposal).

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