Far North Coast conservation zones and overlays must follow E Zone Review recommendations.
Applies to: Ballina, Byron, Kyogle, Lismore and Tweed LGAs (Far North Coast)When a proposal introduces or alters a C2 Environmental Conservation or C3 Environmental Management zone, or an overlay and associated clause, in the Far North Coast LGAs, it must apply that zone or overlay in line with the Northern Councils E Zone Review Final Recommendations.
This direction is a rule the NSW planning system places on how five Far North Coast councils apply their conservation zones and environmental overlays. When one of these councils wants to change its Local Environmental Plan (LEP) to add or adjust a C2 Environmental Conservation zone, a C3 Environmental Management zone, or an environmental overlay with its associated clause, the direction requires that this be done in a way that follows a specific reference document — the Northern Councils E Zone Review Final Recommendations. The aim is a 'balanced and consistent approach' so that the same conservation land-use tools are applied in a predictable way across the region rather than each council doing something different.
In plain terms, C2 and C3 are the environmental-conservation family of land-use zones (the successors to the old 'E' zones) that limit development to protect natural values. An overlay plus associated clause is a mapped layer with a linked LEP provision that triggers extra controls on affected land. The direction does not itself set the boundaries or controls; it points councils to the E Zone Review recommendations as the benchmark they must align with when preparing the planning proposal.
If a planning proposal does not comply, it cannot simply proceed — the council must get the Planning Secretary (or a nominated departmental officer) to agree that the inconsistency is only of minor significance. This direction commenced on 1 March 2022 and replaced the previous Direction 2.5.
Relevant planning authorities (typically the councils, but whoever is preparing the planning proposal) in the Ballina, Byron, Kyogle, Lismore and Tweed local government areas.
When a relevant planning authority prepares a planning proposal within those five LGAs that introduces or alters a C2 Environmental Conservation or C3 Environmental Management zone, or introduces or alters an overlay and associated clause.
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 requires conformity with the Northern Councils E Zone Review Final Recommendations, and it replaces the previous Direction 2.5. Consistency is assessed by the Planning Secretary or a nominated Department officer.
A planning proposal that introduces or alters a C2 or C3 zone, or an overlay and associated clause, must apply that zone or overlay and clause in line with the Northern Councils E Zone Review Final Recommendations.
The obligation applies not only to C2/C3 zoning changes but equally to the introduction or alteration of an overlay together with its associated LEP clause.
This direction does not apply to Kiama. It is expressly limited to the Ballina, Byron, Kyogle, Lismore and Tweed LGAs on the Far North Coast. Kiama, being an Illawarra/South Coast LGA, is not a relevant planning authority for this direction, so its conservation zoning and overlay changes are governed by other, generally applicable directions rather than this Far North Coast–specific one.
3.4 Application of C2 and C3 Zones and Environmental Overlays in Far North Coast LEPs Objective The objective of this direction is to ensure that a balanced and consistent approach is taken when applying conservation zones and overlays to land on the NSW Far North Coast. Application This direction applies when a relevant planning authority prepares a planning proposal within the Ballina, Byron, Kyogle, Lismore and Tweed local government areas that introduces or alters an C2 Environmental Conservation or C3 Environmental Management zone or introduces or alters an overlay and associated clause. Direction 3.4 (1) A planning proposal that introduces or alters an C2 Environmental Conservation or C3 Environmental Management zone or an overlay and associated clause must apply that proposed C2 Environmental Conservation or C3 Environmental Management zone, or the overlay and associated clause, in line with the Northern Councils E Zone Review Final Recommendations. 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 2.5)
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.