Planning proposals must be consistent with the relevant Regional Plan.
When preparing a planning proposal for land covered by a Regional Plan released by the Minister, the proposal must be consistent with that plan's vision, land use strategy, goals, directions and actions. Inconsistency is only allowed if it is minor and doesn't undermine the plan's overall intent.
This direction is a rule about how councils and other planning authorities write planning proposals (the documents used to make or change a Local Environmental Plan). Its job is to make sure those proposals actually put into practice the strategy set out in the relevant Regional Plan — the higher-level, longer-term land use blueprint released by the Minister for Planning for a region. In plain terms, the Regional Plan sets the big-picture vision and directions, and this direction forces local planning proposals to line up with it rather than pull against it.
The mechanics are simple: if the land is covered by a released Regional Plan, any planning proposal for that land must be consistent with the plan. Consistency means the proposal supports the plan's vision, land use strategy, goals, directions and actions. If a proposal does not fit, it cannot simply proceed on its own — the planning authority has to convince the Planning Secretary (or a nominated departmental officer) that the mismatch is minor and does not undermine the plan.
The consequence of getting this wrong is that a planning proposal that conflicts with the Regional Plan, without the required justification and sign-off, should not be advanced. This direction commenced on 1 March 2022 and replaces the earlier Direction 5.10.
A relevant planning authority (typically the council, but any authority preparing a planning proposal) when it prepares a planning proposal for land covered by a released Regional Plan.
It is triggered when a relevant planning authority prepares a planning proposal for land to which a Regional Plan has been released by the Minister for Planning.
A planning proposal may be inconsistent only if the relevant planning authority satisfies the Planning Secretary (or a nominated departmental officer) that the inconsistency is of minor significance and that the proposal still achieves the overall intent of the Regional Plan without undermining its vision, land use strategy, goals, directions or actions.
It gives legal effect to Regional Plans released by the Minister for Planning, and it replaces the previous Direction 5.10 from 1 March 2022.
Any planning proposal for the affected land must be consistent with a Regional Plan released by the Minister for Planning.
Consistency is measured against the Regional Plan's vision, land use strategy, goals, directions and actions — not just one element.
Kiama sits within a region covered by a released Regional Plan (the Illawarra–Shoalhaven Regional Plan), so this direction bites directly: any Kiama planning proposal — for example rezoning for housing, or changes affecting coastal, heritage or bushfire-fringe land — must be consistent with that plan's vision, strategy and directions. If a Kiama proposal departs from the Regional Plan, the council cannot proceed on the inconsistency alone; it must persuade the Planning Secretary that the departure is minor and does not undermine the plan's overall intent.
1.1 Implementation of Regional Plans Objective The objective of this direction is to give legal effect to the vision, land use strategy, goals, directions and actions contained in Regional Plans. Application This direction applies to a relevant planning authority when preparing a planning proposal for land to which a Regional Plan has been released by the Minister for Planning. Direction 1.1 (1) Planning proposals must be consistent with a Regional Plan released by the Minister for Planning. Consistency A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Planning Secretary (or an officer of the Department nominated by the Secretary), that: (a) the extent of inconsistency with the Regional Plan is of minor significance, and (b) the planning proposal achieves the overall intent of the Regional Plan and does not undermine the achievement of the Regional Plan’s vision, land use strategy, goals, directions or actions. Issued to commence 1 March 2022 (replaces previous Direction 5.10)
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.