FAQs

A planning proposal is a request to amend the planning controls and/or zoning of land within a Local Environmental Plan. 

Public consultation for this proposal will open in the coming weeks. We will also be holding a public hearing on a date yet to be confirmed where the community will have an opportunity to get engaged in the reclassification process. 

To make a submission or ask us a question, please head to the submission tabs on this project homepage.  To chat with us about the proposal please see the "who's listening" tab. 

An LEP is an Environmental Planning Instrument prepared by a Council, in consultation with their community and approved by the Minister for Planning (or their delegate). It includes development standards that aim to guide the future development of land and the management of environmental, social, economic, heritage and cultural resources for the benefit of present and future generations.

We currently have two LEPs that cover Murray River Council:

• Murray Local Environmental Plan 2011
• Wakool Local Environmental Plan 2013

A public hearing is a forum held to give our community an opportunity to provide feedback specifically on the reclassification of land. Under the relevant legislation[i] Council must hold a public hearing regarding the proposed reclassification of community land. This hearing must also be chaired by an independent facilitator. This gives the community a chance to share their thoughts with a person independent from Council in an open style setting.

There are two classifications of public land – “community” and “operational”. Community land is managed by Council and includes areas like parks and sporting fields (among other things)[i]. Operational land is public land which facilitates the operations of Council. Community land cannot be sold, exchanged or disposed of[ii] without following the due process for reclassification to operational land[iii].

When Council lodges a proposal with the State Government (DPIE) for assessment, the ‘Gateway Determination’ issued under that process must determine if a ‘public hearing’ is to be held in relation to that planning proposal[i]. Due to the nature of this proposal (the reclassification of community land) a public hearing is a required step in the public consultation process, as set out in the Gateway Determination. A copy of the Gateway Determination will be available on Council’s website, and Your Say page once received from DPHI.  

The date and venue of the public hearing is yet to be confirmed. The details will be advertised 21 days prior to the date of the Public Hearing.

In accordance with the relevant legal requirements[i] the date of the public hearing must be publicly advertised for a minimum of 21 days after the consultation period for the proposal has ended. This allows the person chairing the hearing sufficient time to consider written submissions and all issues raised during the consultation period.

In accordance with the relevant legal requirements[i] the date of the public hearing must be publicly advertised for a minimum of 21 days after the consultation period for the proposal has ended. This allows the person chairing the hearing sufficient time to consider written submissions and all issues raised during the consultation period. 

This planning proposal is advertised from ##consultation dates#. The notice of advertisement for the public hearing will be printed in the  ##print date ## edition of the Riverine Herald Newspaper. The public hearing notice will also appear on Council’s ‘Your Say’ page, Facebook page, and website. The notice will also appear on the NSW Planning Portal. 

An independent chairperson conducts the public hearing and provides a report to Council with recommendations on the proposed reclassification of community land. Under the relevant legislation[i] the person presiding at a public hearing must not be:

a. A Councillor or employee of the Council holding the public hearing.

b. A person who has been a Councillor or employee of that Council at any time during the five years before the date of his or her appointment.

After the Public Hearing, the independent chairperson provides a report to Council with recommendations on the proposed reclassification of community land. Council must make a copy of that report available for inspection by the public no later than four days after it has received the final report from the person presiding at the public hearing. This report will be presented to Council for their information when it considers reclassifying community land as part of the process of adopting the Planning Proposal. A copy will also be provided to the State Government (DPHI) for their consideration. 

We note that there will not be a separate consultation period regarding the findings of the hearing.

We hope to record the Hearing to ensure we have captured everyone’s comments accurately. If this occurs, recording will not be made available to the public at any point and is purely for accuracy, and Council’s records. We may also be taking photographs throughout the event, however you can opt out of being in any photos if you wish.  

The table below outlines a simple Planning Proposal (to reclassify land status) process to assist our community in understanding the steps involved. No timelines are provided as part of this example as timelines will be specific for each submission and not necessarily determined by Council. 

Note -

 * determined by DPHI as par of the Gateway determination. 

# ref - Classification and reclassification of public land through a local environmental plan practice note.