One simple change to the Standard Instrument Local Environment Plan (LEP) which would reinstate the flexibility it was designed to impart into LEPs across the State is an amendment to Clause 4.6.
A sequence of Land and Environment Court decisions has had the practical effect of reducing flexibility and effectively locking in development controls which are not necessarily appropriate for particular sites.
Development controls were never intended to be automatically applied to all sites and locations. That is why SEPP 1 (the precursor to Clause 4.6) was originally established and it is why Clause 4.6, when drafted, sought to facilitate flexibility to allow for better planning outcomes.
The Urban Taskforce CEO, Tom Forrest, has written to Marcus Ray at Department of Planning, Infrastructure and Environment with a proposal to fix this blockage in our planning laws. Click Here to read this Amendment.