To change the zoning or a development standard such as height, floor space ratio or minimum lot size on land in NSW, the local environmental plan (LEP) has to be amended through a planning proposal under Part 3 of the Environmental Planning and Assessment Act 1979. For proposals lodged on the NSW Planning Portal from 1 July 2026, the process follows the Department of Planning, Housing and Infrastructure’s Local Environmental Plan Making Guideline (July 2026). It has five modules: scoping report and advice, the planning proposal request to council, Gateway determination, post-Gateway public exhibition and finalisation. Proposals are categorised as standard or complex, with benchmark timeframes from lodgement of the request to the LEP being made of 320 working days for standard proposals and 420 working days for complex proposals. A landowner can start the process. Only the council, as planning proposal authority, can send it to the Department for a Gateway determination.
Key takeaways
- The July 2026 LEP Making Guideline applies to planning proposals lodged on the Planning Portal on or after 1 July 2026; proposals lodged earlier continue under the earlier guideline and directions.
- Proposals are either standard (for example, a zone change consistent with the LEP zone objectives, a change to principal development standards or an additional permitted use) or complex (for example, a change that would significantly increase infrastructure demand or is inconsistent with a strategic plan).
- Benchmark timeframes total 320 working days for standard proposals and 420 working days for complex proposals across modules 2 to 5, plus 50 or 60 working days for scoping advice.
- If the council does not support a proponent’s request, or does not decide within 95 (standard) or 120 (complex) working days, the proponent can request a rezoning review by a district or regional planning panel.
- Where the change needed is a single variation to a development standard for one development, a Clause 4.6 variation request in a DA may be quicker than amending the LEP.
Who this is for: developers and landowners in Sydney, the Central Coast, the Hunter and regional NSW considering a rezoning, a change to height or FSR controls, a smaller minimum lot size or an additional permitted use, who want a realistic picture of the steps, timeframes and risk.
When do you need a planning proposal rather than a DA?
A DA can only approve what the LEP permits. If the use is prohibited in the zone, or the proposal needs a change to the LEP map or a development standard that cannot sensibly be varied, the LEP itself must change. The 2026 guideline lists alternative pathways that can avoid a full planning proposal, including:
- varying a development standard for a particular development through a Clause 4.6 variation request rather than amending the LEP;
- expedited amendments under section 3.22 of the EP&A Act for administrative changes;
- specialised pathways for particular matters such as the classification of public land.
The common mistake is pursuing a rezoning for something a Clause 4.6 request could achieve. If the issue is a 10 per cent height exceedance on one building, a well-argued variation in the DA is usually faster and cheaper than a two-year LEP amendment.
What are the five modules of the 2026 process?
| Module | What happens | Benchmark (working days): standard / complex |
|---|---|---|
| 1 Scoping report and advice | Proponent prepares a scoping report; pre-lodgement meeting with council and, where relevant, agencies; written advice | 50 / 60 (from submission of the scoping report) |
| 2a Planning proposal request | Proponent lodges the request on the Planning Portal; council assesses, may refer to the local planning panel, and resolves whether to support it | 95 / 120 (from lodgement of the request) |
| 2b Rezoning review | If council does not support or decide in time, the proponent can ask a planning panel to review | Separate process |
| 3a Gateway determination | The Department assesses strategic and site-specific merit and decides whether and how the proposal proceeds | 25 / 45 |
| 3b Gateway review | Proponent or council can seek review of the Gateway determination | Separate process |
| 4 Post-Gateway and public exhibition | Gateway conditions met, studies completed, agencies consulted through the Development Coordination Authority, community exhibition | 145 / 185 |
| 5 Finalisation | Final assessment, drafting and making of the LEP amendment | 55 / 70 |
| Total, modules 2 to 5 | 320 / 420 |
At 320 working days, a standard proposal that runs to the benchmark takes well over a year from lodging the request, and that is before the scoping stage and before any DA for the development itself. Many take longer. Budgeting and holding costs should be built on that reality.
Standard or complex: which is your proposal?
The guideline’s categories are administrative, but they set the timeframes and the information required. Standard proposals include listing a local heritage item, changing a zone where the proposal is consistent with the LEP objectives for the new zone, giving effect to a strategic plan consistent with its priorities, altering the principal development standards, adding a use under Schedule 1 Additional Permitted Uses, and housekeeping amendments. Complex proposals include changes that would significantly increase demand for local, regional or state infrastructure and require infrastructure funding, proposals responding to a new policy or study, proposals inconsistent with a strategic plan, and new or consolidated LEPs. The council nominates the category and the Department confirms it.
The test that matters most is strategic merit. A proposal that implements the council’s local strategic planning statement or local housing strategy starts in a very different position from one that asks the council to depart from them.
What if the council says no?
Under Module 2b, a proponent can request a rezoning review if the council has not supported the planning proposal request, has not decided within 95 or 120 working days (depending on the category), or has not submitted a supported proposal for Gateway determination within 20 working days of indicating support. Rezoning reviews are carried out by the Sydney district planning panels and regional planning panels, or by the Independent Planning Commission for the City of Sydney. If the panel supports the proposal, it can proceed towards Gateway, and a different planning proposal authority can be appointed if the council does not take on the role. A rezoning review is a serious undertaking with its own fee and evidence requirements, and it works best where the strategic case is strong and the council’s objection is about local preference rather than policy.
How we approach a rezoning
- Test whether a DA with a Clause 4.6 request, or another pathway, can achieve the outcome without an LEP change.
- Read the regional or district plan, the council’s local strategic planning statement and any local housing or employment strategy for the site.
- Identify the technical studies the guideline’s standard study requirements will call for: traffic, flooding, biodiversity, contamination, heritage, infrastructure.
- Prepare the scoping report and request the pre-lodgement meeting.
- Refine the proposal based on the written advice, then lodge the planning proposal request on the Planning Portal.
- Manage the council assessment, local planning panel advice and council resolution.
- Through Gateway, exhibition and finalisation, respond to conditions and submissions promptly to stay inside the benchmarks.
Definitions
- Planning proposal
- The document that explains and justifies a proposed amendment to an LEP, prepared under section 3.33 of the EP&A Act.
- Planning proposal authority (PPA)
- Usually the council, the body responsible for a planning proposal and the only body that can submit it for a Gateway determination.
- Gateway determination
- The Department’s decision under section 3.34 of the EP&A Act on whether a planning proposal should proceed and on what conditions.
- Rezoning review
- A review by a planning panel of a proponent’s planning proposal request that the council has not supported or has not decided in time.
- Development Coordination Authority (DCA)
- The authority within the Department that coordinates state agency advice on planning proposals and development assessment.
Frequently asked questions
How long does it take to rezone land in NSW?
Under the July 2026 LEP Making Guideline, benchmark timeframes from lodging the planning proposal request to the LEP being made are 320 working days for standard proposals and 420 for complex ones, after a scoping stage of 50 or 60 working days. Actual times vary.
Can a landowner apply to rezone their land?
Yes. A landowner or developer can prepare a scoping report and lodge a planning proposal request with the council. It becomes a formal planning proposal once the council resolves to support it and submits it for Gateway determination.
What happens if council refuses my rezoning request?
You can request a rezoning review by the relevant district or regional planning panel if the council does not support the request, or does not decide it within 95 or 120 working days.
Is a Clause 4.6 variation an alternative to rezoning?
For a single development that needs to exceed a development standard, often yes. A Clause 4.6 request varies the standard for that DA only, without amending the LEP.
We advise developers on whether a site needs a rezoning or can be approved through a DA, prepare Clause 4.6 variation requests where that is the better path, and assess yield and risk upfront in a development due diligence report. If you are considering a planning proposal, request a fee proposal for an initial strategic assessment.
Sources and references
- NSW Department of Planning, Housing and Infrastructure, Local Environmental Plan Making Guideline (July 2026), accessed October 2026
- NSW Department of Planning, Housing and Infrastructure, Planning system updates: guidance improvements fact sheet (July 2026), accessed October 2026
- Section 9.1 Ministerial Direction, Local Plan Making (July 2026), accessed October 2026
- Local Environmental Plan Making Guideline (August 2023), for proposals lodged before 1 July 2026, accessed October 2026
- Environmental Planning and Assessment Act 1979, Part 3 Division 3.4 (sections 3.31 to 3.38), accessed October 2026
Information disclaimer. This article is general planning information prepared by the URBA Planning Team and is current at the date of publication. It is not planning, legal or financial advice for any specific property. Planning instruments, development control plans, state policies and the National Construction Code are amended regularly and councils interpret them differently; the controls quoted here should be confirmed against the versions in force at the date of lodgement and against the consent authority’s current requirements. Reliance on this article is at the reader’s own risk. URBA Planning, a division of Contrive Consultants Pty Ltd, accepts no liability for loss arising from its use. For advice on a specific site, contact URBA for a fee proposal.