Planning proposals can't allow recreation vehicle areas on sensitive or conservation land.
A planning proposal must not allow land to be used as a recreation vehicle area if the land is in a conservation zone, or is a beach or adjoining dune. For other land, the proposal can only enable such use if the planning authority has considered the two 1985 recreation vehicle area guidelines.
This direction is aimed at stopping planning proposals from opening up environmentally sensitive land for use by recreation vehicles (such as trail bikes, dune buggies and other off-road vehicles regulated under the Recreation Vehicles Act 1983). The concern is that such vehicles can cause erosion, damage vegetation and disturb wildlife, so the direction protects conservation land and coastal beaches and dunes outright, and requires careful study before any other land is opened up for that purpose.
Mechanically, it prohibits a planning proposal from enabling a 'recreation vehicle area' on land in a conservation zone, or on a beach or a dune next to a beach. For all other land, the proposal is not banned but the planning authority must first consider two named 1985 guidelines dealing with the selection, design, establishment, maintenance and operation of recreation vehicle areas. If a council wants to depart from these rules, it can only do so with the Planning Secretary's agreement and must show the inconsistency is justified by an approved strategy, a supporting study, a regional/district plan, or is of minor significance.
All relevant planning authorities (typically councils, but also the Department where it is the proponent) when preparing a planning proposal to amend an environmental planning instrument.
It is triggered whenever a planning proposal would enable land to be developed for the purpose of a recreation vehicle area within the meaning of the Recreation Vehicles Act 1983.
A planning proposal may be inconsistent only if the planning authority satisfies the Planning Secretary (or a nominated departmental officer) that the inconsistent provisions are justified by a Secretary-approved strategy that considers the objective and identifies the land, or by a supporting study that considers the objective, or are in accordance with a relevant Regional Strategy, Regional Plan or District Plan that considers the objective, or are of minor significance.
It relies on the definition of 'recreation vehicle area' in the Recreation Vehicles Act 1983, and requires consideration of two 1985 guidelines (Soil Conservation Service of NSW; State Pollution Control Commission). Consistency can also be established via a relevant Regional Strategy, Regional Plan or District Plan prepared by the Department of Planning and Environment. It replaces the previous Direction 2.4 from 1 March 2022.
A planning proposal must not enable land to be developed for a recreation vehicle area where the land is within a conservation zone.
The proposal must not enable such use where the land comprises a beach or a dune adjacent to or adjoining a beach.
For land outside conservation zones, beaches or dunes, the planning authority must take into account the 1985 Soil Conservation Service selection/establishment/maintenance guidelines and the 1985 State Pollution Control Commission selection/design/operation guidelines before enabling the use.
Directly relevant to a coastal LGA like Kiama: any planning proposal that sought to enable off-road recreation vehicle use on Kiama's beaches, coastal dunes or conservation-zoned land (including the environmentally sensitive coastal fringe) would be prohibited outright. In practice recreation vehicle areas are an uncommon planning proposal, so the direction rarely bites, but where a rural or hinterland site is proposed for such use the council would have to first consider the two 1985 guidelines.
3.5 Recreation Vehicle Areas Objective The objective of this direction is to protect sensitive land or land with significant conservation values from adverse impacts from recreation vehicles. Application This direction applies to all relevant planning authorities when preparing a planning proposal. Direction 3.5 (1) A planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983): (a) where the land is within a conservation zone, (b) where the land comprises a beach or a dune adjacent to or adjoining a beach, (c) where the land is not within an area or zone referred to in paragraphs (a) or (b) unless the relevant planning authority has taken into consideration: i. the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September, 1985, and ii. the provisions of the guidelines entitled Recreation Vehicles Act 1983, Guidel ines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985. 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: (a) justified by a strategy approved by the Planning Secretary which: i. gives consideration to the objective of this direction, and ii. identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), or (b) justified by a study prepared in support of the planning proposal which gives consideration to the objective of this direction, or (c) in accordance with the relevant Regional Strategy, Regional Plan or District Plan prepared by the Department of Planning and Environment which gives consideration to the objective of this direction, or (d) of minor significance. Issued to commence 1 March 2022 (replaces previous Direction 2.4)
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.