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2.1 LEPs and SEPPs

2.1.1	Overview
2.1.2	Environmental Planning Instruments (EPIs)
2.1.3	Local Environment Plans (LEPs)
2.1.3a	The New LEP Making Process (The 'Gateway' Process)
2.1.3b	The Standard Instrument
2.1.4	State Environmental Planning Policies (SEPPs)
2.1.5	Other planning documents

2.1.2 Environmental planning instruments (EPIs)

"Environmental planning instruments" is the collective name for LEPs, and SEPPs, but does not include development control plans (DCPs).1 The provisions of EPIs are legally binding on both government and developers.

2.1.2.1 How can I find a LEP or SEPP?

The full text of all EPIs is available online at the NSW Government legislation website. In addition, most council's LEPs are available on their websites.

EPIs can contain provisions which control development, specifically what kinds of development are allowed and where.

An EPI can also:

• specify whether development consent is required,
• prohibit certain types of development (prohibited development),
• declare a category of development to be designated development (which requires an environmental impact statement),
• reserve land for a public use (such as hospitals, parks or schools)
• declare when the concurrence (agreement) of a Minister is required, and
• declare categories of advertised development.2

Older planning instruments created before the EPA Act commenced, such as "planning scheme ordinances" or "interim development orders" are "deemed" to be EPIs.3

2.1.2.2 Standardisation of EPIs

In 2005, the EPA Act was amended to encourage the standardisation of EPIs and the staged repeal of older EPIs.4

The amendments allow the Planning Minister to prescribe the form and content of an EPI by issuing a "standard instrument".5 Standard instruments themselves are not EPIs, rather, they are a blueprint of what an EPI should contain, including directions as to whether a particular provision is mandatory or optional once the standard instrument is adopted.

For example, there is a standard instrument for the preparation of local environmental plans.6 See para 3.2 below for more information.

2.1.2.3 Inconsistency between EPIs

Where two EPIs are inconsistent (eg a LEP is inconsistent with a SEPP), a SEPP prevails over a LEPP (unless the EPI states otherwise).7

2.1.2.4 Challenging an EPI in the Land and Environment Court

Any person can challenge the legal validity of an EPI in the Land and Environment Court (Class 4).8 Any legal challenge to the validity of an EPI must be commenced in the Court within 3 months of the date of the publication of the LEP or SEPP in the NSW Government Gazette.9

1. Environmental Planning and Assessment Amendment Act 2008 No 36, Sch 1.1 [1], although provisions not yet commenced as at 10 December 2008 .
2. EPA Act, s 29 - 31.
3. EPA Act, s 4 (Definitions - "deemed environmental planning instrument); Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 .
4. Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reforms) Act 2005 , Sch 2: came into force on 16 June 2005 .
5. EPA Act, s 33A, 33B.
6. Standard Instrument (Local Environmental Plans) Order 2006 , published in NSW Government Gazette, No 42, 31 March 2006, p 1879; EPA Act, s 33A(2), 65(1A).
7. EPA Act, s 36.
8. EPA Act, s 123.
9. EPA Act, s 35.