Consider pipeline risks when proposing sensitive or population-increasing uses nearby.
When a planning proposal would permit sensitive land uses or uses causing significant population increase within the application area of a high pressure dangerous goods pipeline, the planning proposal authority must consider risks to pipeline integrity, human health and the environment. It must apply the Department's pipeline guidelines in that assessment.
This direction is about keeping people and the environment away from unacceptable risk near high pressure pipelines that carry dangerous goods such as natural gas, gasoline, ethane or jet fuel. If a pipeline ruptures or fails, the consequences can be severe, so when a council or other planning proposal authority is thinking about changing planning controls to allow certain vulnerable or population-dense uses close to these pipelines, they must actively weigh the risks first.
Mechanically, the direction bites at the plan-making stage — not the individual DA stage. When a planning proposal would permit one of the 'specified uses' (either a sensitive land use like a school or childcare centre, or a use that brings a big population increase like apartments or commercial premises) within a defined buffer distance either side of a relevant pipeline, the authority must consider the risks to the pipeline's integrity, to human health and to the environment, and must consult the departmental pipeline guidelines when doing so.
If the proposal ends up inconsistent with the direction, that is only permitted where the authority satisfies the Planning Secretary (or nominee) that the inconsistent provisions are either justified by a supporting study/strategy that considers the direction's objective, or are of minor significance. Failing to do this properly can hold up or invalidate the rezoning.
Planning proposal authorities (typically councils, but also other bodies) preparing planning proposals. It is a plan-making direction — it does not directly bind consent authorities assessing DAs or certifiers.
It applies when a planning proposal authority prepares a planning proposal that would permit development for one or more of the specified uses within the application area (the defined buffer distance) of a relevant high pressure dangerous goods pipeline.
A planning proposal may be inconsistent only if the authority satisfies the Planning Secretary (or nominee) that the inconsistent provisions are (a) justified by a study or strategy prepared in support of the proposal that considers the direction's objective, or (b) of minor significance.
The term 'relevant pipelines' takes the same meaning as section 2.77(3) of State Environmental Planning Policy (Transport and Infrastructure) 2021. The direction relies on the departmental 'Guideline for planning proposals near High Pressure Dangerous Goods pipelines'.
The authority must consider risks to the integrity of the relevant pipelines, to human health and to the environment when preparing the proposal.
When considering those risks, the authority must consider the Guideline for planning proposals near High Pressure Dangerous Goods pipelines published on the Department's website.
The application area is 140 metres either side of a gasoline, ethane or jet fuel pipeline, or 200 metres either side of a natural gas pipeline.
Specified uses are sensitive land uses (e.g. correctional centre, centre-based childcare, health services facility using general anaesthetic, school, seniors housing) or development that may result in a significant population increase (e.g. apartments, boarding houses, commercial and industrial premises).
This only bites in Kiama if a high pressure dangerous goods pipeline (as defined) actually runs through the LGA and a planning proposal near it would permit the specified uses. Kiama is not a major gas/fuel pipeline corridor, so for most Kiama rezonings this direction will not be triggered; a council officer should still check for any relevant pipeline before dismissing it. Note it operates at the rezoning/planning-proposal stage, not at DA stage, so a typical Kiama DA is unaffected by this particular direction.
5.5 High pressure dangerous goods pipelines Objectives The objective of this direction is to reduce the risk of harm to human health and the environment by ensuring high pressure dangerous goods pipelines (relevant pipelines) are considered by planning proposal authorities. Application This direction applies when a planning proposal authority prepares a planning proposal that would permit development for one or more of the specified uses in the application area of relevant pipelines. Direction 5.5 (1) A planning proposal authority must consider risks to the integrity of relevant pipelines, human health and the environment when preparing a planning proposal that would permit development for one or more of the specified uses in the application area of relevant pipelines. (2) When considering the risks in (1), the planning proposal authority must consider the pipeline guidelines . Consistency A planning proposal may be inconsistent with the terms of this direction only if the planning proposal authority can satisfy the Planning Secretary (or their nominee) that the provisions of the planning proposal that are inconsistent are: (a) justified by a study or strategy prepared in support of the planning proposal which gives consideration to the objective of this direction, or (b) of minor significance. Note: In this direction: “relevant pipelines” has the same meaning as section 2.77(3) of State Environmental Planning Policy (Transport and Infrastructure) 2021. “application area” is the area between either side of the following pipelines: • 140 metres from either side of a gasoline pipeline, ethane pipeline or jet fuel pipeline, or • 200 metres from either side of a natural gas pipeline. “pipeline guidelines” means the Guideline for planning proposals near High Pressure Dangerous Goods pipelines, published on the Department of Planning, Housing and Infrastructure website. “specified uses” means any of the following: • Development for sensitive land uses. • Development that may result in a significant population increase. “sensitive land uses” means any of the following development (including as part of mixed use development): correctional centre, centre-based childcare, health services facility (if using general anaesthetic), school, seniors housing. “development that may result in a significant population increase” means any of the following development (including as part of mixed use development): attached dwelling, multi-dwelling housing, residential flat building, group homes, boarding house, co-living housing, seniors housing, hostel, manor houses, health services facility, centre-based childcare, educational establishment, industrial development (excluding home industry), entertainment facility, tourist and visitor accommodation (excluding farm stay accommodation), commercial premises (excluding take-away food and drink premises), correctional centre. Date commenced: 1 August 2024
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.