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FAQ | SLEP 2014

SLEP FAQ

Frequently Asked Questions about the Shoalhaven LEP 2014 are listed below. Once you have clicked on the question the answer will be uploaded below.

You can also download the Fact Sheet of Frequently Asked Questions: Shoalhaven LEP 2014 Commencement here.

Question : What is a Local Environmental Plan?

Answer :

A local environmental plan or LEP is a statutory (legally binding) plan under Part 3 of the Environmental Planning and Assessment (EP&A) Act 1979 which:

  • Guides planning decisions for local government areas; and
  • Sets zoning and development controls for land use to achieve appropriate development outcomes and minimise land use conflict.

LEPs are generally prepared by local councils and approved by State Government (the Minister for Planning and Infrastructure).

The new SLEP 2014 replaces Council's current Shoalhaven LEP 1985 and incorporates a number of strategic objectives established by the NSW State Government and Council.
 

Question : Why prepare a new LEP?

Answer :

The Department of Planning and Infrastructure (DP&I) have provided a 'Standard Instrument' or LEP template to all councils in NSW and require them to use the template to prepare new LEPs.

The LEP template sets a standard form and content for new LEPs, including:

  • zones (including standard zone objectives and mandated permitted and prohibited uses)
  • definitions
  • clauses
  • format 

 

Question : What has changed from Shoalhaven LEP 1985?

Answer :

Generally, the draft Shoalhaven LEP 2013 is considered to be an administrative changeover. This means that, where practical, Council has chosen the most appropriate land use zone under the Standard Instrument or LEP Template to best fit the previous Shoalhaven LEP 1985 land use zone. However there are a number of changes that have occurred from the current Shoalhaven LEP 1985. Some examples of the changes are:

  • Implementation of the Nowra Bomaderry Structure Plan including the rezoning of 7 new residential areas.
  • Use of overlay mapping rather than a single LEP map.  This means that there are 16 map layers showing different aspects of the draft LEP.
  • Minimum lot sizes are now shown on a map overlay.
  • Some zones will be combined where there is not a similar land use zone in the Standard Instrument or LEP template.  For example, rural lifestyle zones 2(a2), 2(a3), 1(c), (c1), (c2), (c3) zones will become RU4 Primary Production Small Lots, R5 Large Lot Residential, or E4 Environmental Living.  However, the existing minimum lot sizes will be maintained via the Minimum Lot Size Map

For more information, please view the Explanatory Documents page.

Question : Have areas of land been rezoned through Shoalhaven LEP 2014?

Answer :

The Shoalhaven LEP 2014 is largely based on a 'best fit' transfer from the Shoalhaven LEP 1985 to the Standard Instrument or LEP template set by State Government. Council resolved to prepare the LEP using a set of 'Ground Rules'. .  These 'Ground Rules' limit rezonings in the draft LEP to:

  • Changes required by the South Coast Regional Strategy.  This is the State Government's strategy for the future of the South Coast;
  • The land is identified in an existing Strategic Plan, for example, Nowra Bomaderry Structure Plan,
  • The rezoning of the land to address a zoning anomaly. A zoning anomaly is where a current land use zone does not reflect the actual approved and existing land use or surrounding land uses,
  • The rezoning of some land zoned Residential 2(c)(Living Area) where the prominent dwelling type in a neighbourhood is mainly single detached dwellings or dual occupancies. This zone change will reduce the potential land use conflict that may occur if a more flexible land use zone was applied;
  • Some minor rezoning matters that Council considers have merit and are appropriate to include in the draft LEP. 
  • Changes made after the initial 2011 exhibition of the draft LEP

For more details of the general changes to the Shoalhaven LEP 2014, please go to the Explanatory Documents page.

Question : Will the new zoning change what I can do on my land?

Answer :

Generally, the Shoalhaven LEP 2014 is considered to be an administrative changeover. This means that, where practical, Council has chosen the most appropriate land use zone under the Standard Instrument or LEP template to best fit the existing land use zone. In most instances, the range of permissible development types will be reasonably comparable to the current Shoalhaven LEP 1985.

You should review the zone proposed for your property to determine whether the new zone has any implications for your current and/or future use of the land. 

Question : The zoning of my land has changed. Will this change the development application process?

Answer :

Whether land has changed zoning as part of the administrative change over or has a completely different zoning, this will not affect the development application process. Applications for development proposals will continue to be assessed based on their permissibility within the respective zone.

Question : Will the new zoning of my land affect my current land value and rates?

Answer :

Generally, the Shoalhaven LEP 2014 is considered to be an administrative changeover. This means that, where practical, Council has chosen the most appropriate land use zone under the Standard Instrument or LEP Template to best fit the existing land use zone.  The Shoalhaven LEP 2014 will implement the recommended rezoning of certain areas identified in the Nowra Bomaderry Structure Plan (NBSP).  As land values for properties which are proposed to be rezoned as urban release areas and industrial expansion areas may change, so may your land rates.  Land values are determined by the Valuer General of the Land & Property Management Authority every three years for rating purposes, with the next revaluation due in 2014 to be used for the rating year to commence 1st July 2015.  Rating categories are determined by the dominant use of the land so while your land value may change, if your actual use of the land does not change then your rating category will stay the same in most instances.

Question : Has land that was deferred under Shoalhaven LEP 1985 been rezoned as part of Shoalhaven LEP 2014

Answer :

All land within the Shoalhaven area will receive a new land use zoning under the Shoalhaven LEP 2014, with the exception of deferred land that requires further investigation. These new zones are set by the State Government's Standard Instrument or LEP template. This includes those areas that have previously been deferred under Shoalhaven LEP 1985 or the Interim Development Order (IDO). The new zoning is likely to be similar to the existing zoning and current investigations for these deferred areas will continue to determine the most appropriate zoning for these areas via a future amendment to the LEP.

Question : Is there a height limit for my area?

Answer :

The Shoalhaven LEP 2014 sets a maximum height of buildings in two ways.  Clause 4.3 Height of buildings sets a maximum height of buildings of 11 metres across the City, except where mapped on the Height of Buildings Map This means that if your property does not have a mapped maximum height on the Height of Buildings Map, the maximum height is 11 metres. 

A Development Control Plan (DCP) may identify further information on heights that could apply to development on your land. 

Question : The Natural Resource Sensitivity - Water map overlay shows a watercourse in the wrong location - why is this?

Answer :

The Natural Resource Sensitivity - Water map overlay is based on mapping prepared by State Government using large scale topographical maps.  This means that due to the scale of the original mapping, that the draft LEP map may not be accurate when zoomed in to the property level. 

Council does not have the resources to ground truth all the watercourses in Shoalhaven so the watercourse mapping is indicative only and is used to flag the possibility of a watercourse being located on a property which should be considered when developing the land.  Clause 7.6 Water sets out the matters that should be considered.

Question : Why isn't there a bush fire map layer in the Shoalhaven LEP 2014?

Answer :

There is no bush fire map layer in the Shoalhaven LEP 2014 as bush fire requirements are governed by different legislation and the State Government's Standard Instrument or LEP Template doesn't address bushfire risk.  As  much of the land in Shoallhaven is bushfire prone, you are encouraged to view the mapping of bushfire prone land on Council's website.

Question : Can I get a hard copy or CD copy of the LEP from Council?

Answer :

No. In order to minimise our impact on natural resources, Council is making a determined effort to reduce the amount of paper and resources used in our offices.  Where possible we operate electronically rather than producing unnecessary hard copy documents.  Also the State Government's Standard Instrument maps have been designed to be viewed electronically rather than as paper maps.  This led us to the decision not to produce copies of the exhibited document or Shoalhaven LEP 2014 on CD and to only produce minimal hard copies.  Previously we have produced numerous copies of planning documents only to be left with a waste management issue when they were not as popular as anticipated.  We ask that you embrace the new web-based technology that we have made available and please don’t hesitate to contact our friendly staff on (02) 4429 5377 for assistance in navigating around the site.
The notified instrument and maps are available from the NSW Legislation website www.legilsation.nsw.gov.au.