Council delayed DLEP release

Gosford Council failed to place its draft Local Environment Plan on public exhibition in September last year despite strong encouragement from the Department of Planning to do so "as soon as possible".

The Department has release a letter it sent to Gosford general manager Mr Peter Wilson in September last year in response to council staff resistance to making the plan available for public comment.

Council staff had advised that they were unable to support amendments made by the Department without bringing the matter before councillors.

"The department understands that it is now intended that the draft plan will be considered by the council prior to its public exhibition," the letter stated.

"While I appreciate the need to brief councillors on the amended DLEP, the Department strongly encourages council to place the draft LEP on public exhibition as soon as possible to allow the community to have its say and to allow the LEP to progress."

However, it took council over five months to place the draft plan on public exhibition after it had received the amended draft plan back from the Department in September last year.

In the letter, the Department explained that its amendments were simply to bring the DLEP into line with "the Standard Instrument" - the Statewide LEP template.

"A primary objective of introducing the Standard Instrument is to standardise local environmental plans across the state.

"Most of the amendments to the DLEP have been made for the purpose of complying with the Standard Instrument as the plan submitted by council was not consistent in some respects.

"Amendments have also been made at the request of council such as amendments to the Gosford City Centre provisions and the addition of the Coastal Open Space System clause.

"A number of matters in the draft LEP and s62 submissions will require council to further consult with government agencies during the exhibition period, and the Department can assist in such discussions where council and/or agencies request," the letter stated.

Also in the letter, the Department highlighted the need for council to address the inconsistency with the "E zone practice note (PN09-002) and amend zones and other planning provisions as required".

"While there are a number of matters still to be resolved, the Department considers that the plan is adequate for the purposes of public exhibition.

"As the DLEP is primarily a conversion of council's existing planning provisions into Standard Instrument format, it is acknowledged that public exhibition may uncover situations where alternative zones, development standards and permissible land uses are proposed and it is understood that council staff have advised some landowners to make submissions in this regard.

"The Department will need to closely consider how council has assessed such requests when the DLEP is returned and will be supportive of well-founded planning control amendments that avoid the need for future plan amendments."

Letter, 25 Sep 2010 Neil McGaffin, Department of Planning