Consult airport/defence operators, set height controls, and address aircraft noise.
When setting controls for land near a regulated airport, core regulated airport or defence airfield, the planning authority must consult operators/Commonwealth/Defence, consider operational airspace, prepare development standards such as height controls, and exclude incompatible uses. Proposals must meet AS 2021-2015 for aircraft noise in specified ANEF ranges and must not allow residential development within the 20 ANEC/ANEF contour for Western Sydney Airport.
This direction protects the safe operation of airports (including defence airfields) by making sure new planning proposals near them do not put buildings or activities in the way of aircraft, and by making sure noise-sensitive uses near airports are built to cope with aircraft noise. It works at the strategic planning stage — when a council or other planning authority wants to create, change or remove a zone or planning control on nearby land — rather than at the individual development application stage. The core mechanics are: talk to the airport operator (and, for bigger airports, the relevant Commonwealth department or Defence), set height controls to keep buildings out of protected airspace, refuse land uses incompatible with the airport's current and future operation, and impose acoustic building standards where noise exposure is high.
The direction distinguishes three settings — a regulated airport, a 'core' regulated airport, and a defence airfield — each with slightly different consultation partners and airspace tests. For a core regulated airport, if the proposal would allow a 'controlled activity' the planning authority must get Commonwealth permission before it even goes to community consultation. It also imports Australian Standard 2021-2015 for aircraft noise, keyed to ANEF noise contours, and flatly bans new residential development or density increases inside the 20 ANEC/ANEF contour for Western Sydney Airport.
A planning proposal can only depart from these requirements if the planning authority satisfies the Planning Secretary that the inconsistency is justified by an approved strategy, a supporting study, or the relevant Regional Plan — each of which must have considered the direction's objectives.
All relevant planning authorities (typically councils, but any authority preparing a planning proposal) when the proposal affects land near a regulated airport, a core regulated airport or a defence airfield.
When a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land near a regulated airport (which includes a defence airfield).
A planning proposal may be inconsistent only if the planning authority satisfies the Planning Secretary (or a nominated officer) that the inconsistent provisions are justified by a strategy approved by the Secretary that considers the direction's objectives and identifies the land, or by a supporting study that considers the objectives, or are in accordance with the relevant Regional Plan that considers the objectives.
References the Airports (Protection of Airspace) Regulation 1996 (prescribed airspace), the Airports Act 1996 (controlled activities, s182), the Defence Regulations 2016 – Defence Aviation Areas, Australian Standard AS 2021-2015 (aircraft noise), Schedule 1 to the EP&A Act (community consultation), and relevant Regional Plans prepared by the Department of Planning and Environment. Commenced 1 March 2022, replacing previous Direction 3.5.
For land near a regulated airport, consult the lessee/operator, take into account the operational airspace and their advice, and prepare development standards such as height controls for land affected by that airspace.
The proposal must not allow development types that are incompatible with the current and future operation of the airport or airfield.
For a core regulated airport, consult the Commonwealth department responsible for airports and the operator, and set height controls for land affected by the prescribed airspace (as defined in clause 6(1) of the Airports (Protection of Airspace) Regulation 1996).
If a proposal near a core regulated airport seeks to make permissible a 'controlled activity' (s182 Airports Act 1996), permission must be obtained from the Commonwealth department or delegate before undertaking Schedule 1 EP&A Act community consultation.
Consult the Department of Defence if the proposal exceeds height provisions in the Defence Regulations 2016 – Defence Aviation Areas, or where no such height provisions exist and the proposal is within 15km of the airfield.
Kiama LGA has no airport within its own boundaries, so the airport-operator and core-airport limbs rarely apply directly. The most likely trigger is the defence airfield limb: HMAS Albatross (Naval Air Station Nowra) lies to the south and Shellharbour (Illawarra Regional) Airport to the north, so a Kiama planning proposal — for example on the LGA's northern or southern fringes — could fall within the 15km Defence consultation radius or engage Defence Aviation Area height provisions, requiring consultation with the Department of Defence before proceeding. The Western Sydney Airport contour ban does not reach Kiama. In practice, for most standard Kiama DAs and rezonings this direction will not bite, but any proposal near the LGA edges facing Nowra or Albion Park should be checked against Defence aviation areas and height limits.
5.3 Development Near Regulated Airports and Defence Airfields Objectives The objectives of this direction are to: (a) ensure the effective and safe operation of regulated airports and defence airfields; (b) ensure that their operation is not compromised by development that constitutes an obstruction, hazard or potential hazard to aircraft flying in the vicinity; and (c) ensure development, if situated on noise sensitive land, incorporates appropriate mitigation measures so that the development is not adversely affected by aircraft noise. Application This direction applies to all relevant planning authorities when preparing a plann ing proposal that will create, alter or remove a zone or a provision relating to land near a regulated airport which includes a defence airfield. Direction 5.3 (1) In the preparation of a planning proposal that sets controls for development of land near a regulated airport, the relevant planning authority must: (a) consult with the lessee/operator of that airport; (b) take into consideration the operational airspace and any advice from the lessee/operator of that airport; (c) for land affected by the operational airspace, prepare appropriate development standards, such as height controls. (d) not allow development types that are incompatible with the current and future operation of that airport. (2) In the preparation of a planning proposal that sets controls for development of land near a core regulated airport, the relevant planning authority must: (a) consult with the Department of the Commonwealth responsible for airports and the lessee/operator of that airport; (b) for land affected by the prescribed airspace (as defined in clause 6(1) of the Airports (Protection of Airspace) Regulation 1996, prepare appropriate development standards, such as height controls. (c) not allow development types that are incompatible with the current and future operation of that airport. (d) obtain permission from that Department of the Commonwealth, or their delegate, where a planning proposal seeks to allow, as permissible with consent, development that would constitute a controlled activity as defined in section 182 of the Airports Act 1996. This permission must be obtained prior to undertaking community consultation in satisfaction of Schedule 1 to the EP&A Act. (3) In the preparation of a planning proposal that sets controls for the development of land near a defence airfield, the relevant planning authority must: (a) consult with the Department of Defence if: i. the planning proposal seeks to exceed the height provisions contained in the Defence Regulations 2016 – Defence Aviation Areas for that airfield; or ii. no height provisions exist in the Defence Regulations 2016 – Defence Aviation Areas for the airfield and the proposal is within 15km of the airfield. (b) for land affected by the operational airspace, prepare appropriate development standards, such as height controls. (c) not allow development types that are incompatible with the current and future operation of that airfield. (4) A planning proposal must include a provision to ensure that development meets Australian Standard 2021 – 2015, Acoustic- Aircraft Noise Intrusion – Building siting and construction with respect to interior noise levels, if the proposal seeks to rezone land: (a) for residential purposes or to increase residential densities in areas where the Australian Noise Exposure Forecast (ANEF) is between 20 and 25; or (b) for hotels, motels, offices or public buildings where the ANEF is between 25 and 30; or (c) for commercial or industrial purposes where the ANEF is above 30. (5) A planning proposal must not contain provisions for residential development or to increase residential densities within the 20 Australian Noise Exposure Concept (ANEC)/ANEF contour for Western Sydney Airport. 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 objectives 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 objectives of this direction; or (c) in accordance with the relevant Regional Plan prepared by the Department of Planning and Environment which gives consideration to the objectives of this direction. Issued to commence 1 March 2022 (replaces previous Direction 3.5)
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.
Include a provision requiring compliance with AS 2021-2015 for interior noise levels where rezoning is for residential (ANEF 20-25), hotels/motels/offices/public buildings (ANEF 25-30), or commercial/industrial (ANEF above 30).
A proposal must not contain provisions for residential development or increased residential densities within the 20 ANEC/ANEF contour for Western Sydney Airport.
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.