What affect does the draft LEP and DCP have on development proposals?
As provided by the Environmental Planning Assessment Act 1979, from the time the draft LEP is placed on public exhibition the Council must consider the draft LEP in determining development applications. The draft LEP also provides that if a development application is lodged before the exhibition of the plan, but not yet determined it will be assessed under both the draft and existing LEPs. Until the draft LEP is finalised, approved by the Minister and published in the NSW Government Gazette, Council’s current plans (Parramatta LEP 2001, Sydney Regional Environmental Plan No. 28 and Parramatta Heritage LEP 1996) will continue to apply. In addition, the draft LEP does not allow any type of development to occur that is prohibited by the current planning rules (see examples below). Generally, the amount of weight that is given to the draft LEP will increase the closer it gets to being gazetted. At the time of exhibition of the draft LEP, less weight will generally be given to it. However,