Don't change public-purpose reservations without authority approval; reserve or remove as requested.
A planning proposal must not create, alter or reduce zonings or reservations of land for public purposes without approval from the relevant public authority and the Planning Secretary. Where a Minister or public authority requests, the planning authority must reserve land, apply an appropriate zone, identify the acquiring authority, include interim use provisions, or remove reservations no longer needed for acquisition.
This direction governs how planning proposals deal with land that is set aside ("reserved") for public purposes "such as roads, schools, hospitals, open space and other public services and facilities. Reserving land signals it will be acquired by a public authority in the future, and it locks in the intended use so private development doesn't frustrate that purpose. The direction has two aims: to help public services get delivered by properly reserving land, and to free land up by removing reservations when a public authority no longer needs it.
All relevant planning authorities when preparing a planning proposal. It also brings in the relevant public authority (whose concurrence and requests drive the process) and the Planning Secretary (or a nominated Departmental officer), whose approval is needed to change reservations.
When a planning proposal would create, alter or reduce a zoning or reservation of land for a public purpose, or when a Minister or public authority requests a planning authority to reserve land, add provisions for the land's use before acquisition, or rezone/remove a reservation because the land is no longer needed.
A planning proposal may be inconsistent only if the planning authority satisfies the Planning Secretary (or nominated officer) that either: for a paragraph (4) request, further information is required before appropriate planning controls can be determined; or the inconsistent provisions are of minor significance.
Terms tie to the Environmental Planning and Assessment Act 1979 — "public authority" (s1.4) and reservation of land for a public purpose (s3.14(1)(c)), with acquisition under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 and the designated acquiring authority under s3.15. A note flags that clause 10 of the EP&A Reg 2000 bars a proposed reservation unless the designated acquiring authority has notified its concurrence.
A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Planning Secretary (or nominated officer).
When a Minister or public authority requests reservation of land that would be acquired under the Land Acquisition (Just Terms Compensation) Act 1991, the authority must reserve it as requested, place it in an appropriate zone (or one advised by the Secretary), and identify the acquiring authority.
When asked to include provisions about how reserved land may be used before it is acquired, the authority must include the requested provisions or take other action advised by the Secretary.
When a Minister or public authority requests rezoning and/or removal of a reservation because the land is no longer designated for acquisition, the authority must rezone and/or remove the reservation in accordance with the request.
This applies to Kiama like any other NSW LGA. If a Kiama planning proposal touches land reserved for public purposes "for example land set aside for a road widening, drainage, open space or a school "Council cannot create, alter or remove that reservation without the relevant public authority's approval and the Planning Secretary's sign-off. Where a state agency (say Transport for NSW) or Council itself wants to reserve coastal or town land for infrastructure, or conversely release land no longer needed, this direction dictates the steps, including identifying who must acquire the land and confirming that authority's concurrence.
5.2 Reserving Land for Public Purposes Objectives The objectives of this direction are to: (a) facilitate the provision of public services and facilities by reserving land for public purposes, and (b) facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition. Application This direction applies to all relevant planning authorities when preparing a planning proposal. Direction 5.2 (1) A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Planning Secretary (or an officer of the Department nominated by the Secretary). (2) When a Minister or public authority requests a relevant planning authority to reserve land for a public purpose in a planning proposal and the land would be required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, the relevant planning authority must: (a) reserve the land in accordance with the request, and (b) include the land in a zone appropriate to its intended future use or a zone advised by the Planning Secretary (or an officer of the Department nominated by the Secretary), and (c) identify the relevant acquiring authority for the land. (3) When a Minister or public authority requests a relevant planning authority to include provisions in a planning proposal relating to the use of any land reserved for a public purpose before that land is acquired, the relevant planning authority must: (a) include the requested provisions, or (b) take such other action as advised by the Planning Secretary (or an officer of the Department nominated by the Secretary) with respect to the use of the land before it is acquired. (4) When a Minister or public authority requests a relevant planning authority to include provisions in a planning proposal to rezone and/or remove a reservation of any land that is reserved for public purposes because the land is no longer designated by that public authority for acquisition, the relevant planning authority must rezone and/or remove the relevant reservation in accordance with the request. Consistency A planning proposal may be inconsistent with the terms of this direction only if the relevant plannin g authority can satisfy the Planning Secretary (or an officer of the Department nominated by the Secretary) that: (a) with respect to a request referred to in paragraph (4), further information is required before appropriate planning controls for the land can be determined, or (b) the provisions of the planning proposal that are inconsistent with the terms of this direction are of minor significance. Note: Clause 10 of the EP&A Reg 2000 provides that a planning proposal for a proposed local environmental plan may not contain a proposed reservation of land for a purpose referred to in section 3.14 (1)(c) of the EP&A Act unless the public authority that is to be designated for the purposes of section 3.15 of the Act as the authority required to acquire the land has notified the relevant planning authority of its concurrence to the reservation of the land for that purpose. In this direction: • “public authority” has the same meaning as section 1.4 of the EP&A Act. • the use or reservation of land for a public purpose has the same meaning as in section 3.14(1)(c) of the EP&A Act. Issued to commence 1 March 2022 (replaces previous Direction 6.2)
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.
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.