Consider development delivery plans for Aboriginal Land Council land.
Applies to: Land shown on the Land Application Map of Chapter 3 of the Planning Systems SEPP (when made, only the Central Coast LGA)When preparing a planning proposal for land on the relevant Land Application Map, the authority must take into account any applicable development delivery plan made under Chapter 3 of the Planning Systems SEPP, or the interim plan if none is published. When made, this applied only to the Central Coast LGA.
This direction is one of the Section 9.1 Ministerial Directions that guide how councils and other planning proposal authorities prepare planning proposals (the documents used to amend a local environmental plan). Its narrow job is to make sure that when someone prepares a planning proposal over land that has been identified for Aboriginal Land Council development purposes, they properly consider the relevant 'development delivery plan' made under Chapter 3 of the Planning Systems SEPP. In plain terms, that land is subject to a special streamlined pathway for developing Aboriginal Land Council holdings, and this direction stops LEP amendments from being prepared in isolation from that pathway.
All relevant planning proposal authorities (typically councils, but potentially other bodies) when they are preparing a planning proposal for the affected land.
It is triggered when a planning proposal is being prepared for land shown on the Land Application Map of Chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021. At the time the direction was made, that map covered only land in the Central Coast local government area.
A planning proposal may be inconsistent with the direction only if the relevant planning authority satisfies the Planning Secretary (or a nominated Departmental officer) that the inconsistent provisions are of minor significance.
It operates directly with Chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021 (the Land Application Map and development delivery plans). It replaced the previous Direction 5.11 on commencement on 1 March 2022.
When preparing a covered planning proposal, the authority must take into account any applicable development delivery plan made under Chapter 3 of the Planning Systems SEPP.
If no applicable development delivery plan has been published, the authority must instead take into account the interim development delivery plan published on the Department's website when this direction was made.
Development delivery plans must be published in the Gazette or the NSW planning portal, so authorities can locate the applicable plan there.
This direction does not apply to Kiama. On its own terms Chapter 3 of the Planning Systems SEPP — and therefore the Land Application Map that triggers this direction — applied only to land in the Central Coast local government area when the direction was made. Unless the SEPP's map is later extended to include land in the Kiama LGA, a Kiama planning proposal will not engage this direction.
1.2 Development of Aboriginal Land Council land Objective The objective of this direction is to provide for the consideration of development delivery plans prepared under chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021 when planning proposals are prepared by a planning proposal authority. Application This direction applies to all relevant planning proposal authorities when preparing a planning proposal for land shown on the Land Application Map of chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021. Note: When this direction was made, chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021 applied only to land in the Central Coast local government area. Direction 1.2 (1) When preparing a planning proposal to which this direction applies, the planning proposal authority must take into account: (a) any applicable development delivery plan made under the chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021; or (b) if no applicable development delivery plan has been published, the interim development delivery plan published on the Department’s website on the making of this direction. Note: Development delivery plans must be published in the Gazette or the NSW planning portal. 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 the provisions of the planning proposal that are inconsistent are of minor significance. Issued to commence 1 March 2022 (replaces previous Direction 5.11)
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.