Zone urban land to boost walking, cycling and public transport access.
When preparing a planning proposal affecting urban land (residential, employment, village or tourist), the relevant planning authority must locate zones and include provisions consistent with the aims and principles of two 2001 planning guidelines. The aim is to improve access to housing, jobs and services by non-car modes, reduce car dependence and support efficient freight movement.
This direction is about making sure that when councils change the planning rules for urban land, they think about how people and goods will move around. The idea is that where you put housing, jobs, shops and services — and how you lay out streets and subdivisions — should make it easier to walk, cycle and use public transport, and less necessary to drive everywhere. It aims to cut the number and length of car trips, support viable public transport, and keep freight moving efficiently.
Mechanically, when a relevant planning authority (usually a council) prepares a planning proposal that creates, alters or removes an urban zone or provision, the proposal must locate zones and include provisions that give effect to and are consistent with two named 2001 planning guidelines: 'Improving Transport Choice' and 'The Right Place for Business and Services'. In practice this means demonstrating that new urban land is well located relative to transport and services, rather than isolated and car-dependent.
If a proposal does not meet the direction, it can still proceed only if the council can satisfy the Planning Secretary that the inconsistency is justified — for example by an approved strategy, a supporting study, consistency with a regional or district plan, or because the inconsistency is only of minor significance.
All relevant planning authorities (typically councils) when preparing a planning proposal that creates, alters or removes a zone or provision relating to urban land, including land zoned residential, employment, village or tourist.
When a planning proposal is being prepared that will create, alter or remove a zone or a provision relating to urban land — that is, at the rezoning/LEP amendment stage, not at the individual DA stage.
A planning proposal may be inconsistent only if the relevant planning authority satisfies the Planning Secretary (or a nominated officer) that the inconsistent provisions are: (a) justified by a strategy approved by the Planning Secretary that considers the objective and identifies the subject land; or (b) justified by a study prepared in support of the proposal that considers the objective; or (c) in accordance with the relevant Regional Strategy, Regional Plan or District Plan that considers the objective; or (d) of minor significance.
Ties directly to two DUAP 2001 documents — 'Improving Transport Choice – Guidelines for planning and development' and 'The Right Place for Business and Services – Planning Policy'. Inconsistency pathways reference an approved strategy, a supporting study, or a relevant Regional Strategy, Regional Plan or District Plan prepared by the Department of Planning and Environment.
A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of the two named 2001 guidelines.
Provisions must align with 'Improving Transport Choice – Guidelines for planning and development' (DUAP 2001), which supports walking, cycling and public transport access.
Provisions must align with 'The Right Place for Business and Services – Planning Policy' (DUAP 2001), directing employment and service locations.
Urban structure, building forms, land use locations, development design, subdivision and street layouts should improve access by non-car modes, reduce travel demand, support public transport viability and enable efficient freight movement.
This applies squarely to Kiama whenever the council prepares an LEP amendment or planning proposal touching urban land — for example rezoning land for new housing on town fringes, expanding a village zone, or creating tourist or employment land. Kiama's growth is under housing pressure with dispersed coastal towns and limited public transport beyond the South Coast rail line, so proposals for new urban release areas away from Kiama, Gerringong or Jamberoo centres and stations will need to show they integrate with transport and don't simply add car dependence, or else justify any inconsistency (e.g. via an approved strategy, supporting study, or the Illawarra-Shoalhaven Regional Plan). It does not apply to individual development applications.
5.1 Integrating Land Use and Transport Objectives The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives: (a) improving access to housing, jobs and services by walking, cycling and public transport, and (b) increasing the choice of available transport and reducing dependence on cars, and (c) reducing travel demand including the number of trips generated by development and the distances travelled, especially by car, and (d) supporting the efficient and viable operation of public transport services, and (e) providing for the efficient movement of freight. Application This direction applies to all relevant planning authorities when preparing a planning proposal that will create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, employment, village or tourist purposes. Direction 5.1 (1) A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a) Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and (b) The Right Place for Business and Services – Planning Policy (DUAP 2001). 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. Date commenced: 20 February 2023
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.