Planning proposals must support varied, well-serviced housing and not cut residential density.
When preparing a planning proposal affecting residential-zoned land (or land where significant residential development is allowed), the authority must include provisions encouraging a broad choice of housing types, efficient use of existing infrastructure, reduced urban-fringe land consumption, and good design. Residential development must not be permitted until the land is adequately serviced or servicing arrangements are agreed. The proposal must not reduce the permissible residential density of the land.
Direction 6.1 is a NSW planning direction that shapes how councils and other planning authorities design the residential land use rules in their local environmental plans (LEPs). It applies when a planning proposal (a formal request to change the planning rules) touches residential land. Its core purpose is threefold: encourage a mix of housing types so people have choice, make sure new housing sits where infrastructure and services already exist (or will be provided), and avoid pushing housing sprawl onto the urban fringe and over resource or environmental lands.
In practice the direction forces two things into a planning proposal. First, the proposal must positively include provisions that broaden housing choice, use infrastructure efficiently, curb fringe land consumption and deliver good design. Second, it imposes two hard controls: residential development cannot be permitted until the land is adequately serviced (or servicing arrangements acceptable to the council or other authority are in place), and the proposal must not reduce the permissible residential density of land. In other words, a council generally cannot down-zone or cut allowable dwelling density without justification.
If a planning proposal does not meet these requirements, it is 'inconsistent' with the direction. Inconsistency is only permitted where the planning authority can satisfy the Planning Secretary that the inconsistency is justified by an approved strategy or supporting study that considered the direction's objective, is in accordance with a relevant Regional Strategy, Regional Plan or District Plan, or is of minor significance. The direction commenced on 1 March 2022 and replaced the former Direction 3.1.
All relevant planning authorities (typically councils, but also the Department or other bodies) when preparing a planning proposal. It does not directly bind applicants for development consent or certifiers; it operates at the plan-making (LEP amendment) stage.
When a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed residential zone (including altering an existing residential zone boundary), or any other zone in which significant residential development is permitted or proposed to be permitted.
Inconsistency is only allowed if the planning authority satisfies the Planning Secretary (or a nominated Departmental officer) that the inconsistent provisions are: justified by a strategy approved by the Secretary that considers the objective and identifies the subject land; or justified by a supporting study that considers the objective; or in accordance with a relevant Regional Strategy, Regional Plan or District Plan that considers the objective; or of minor significance.
Connects to strategies approved by the Planning Secretary, and to Regional Strategies, Regional Plans and District Plans prepared by the Department of Planning and Environment, any of which can justify an inconsistency. It replaces the previous Direction 3.1.
The planning proposal must include provisions that broaden the choice of building types and locations, make more efficient use of existing infrastructure and services, reduce consumption of land on the urban fringe, and deliver housing of good design.
The proposal must contain a requirement that residential development is not permitted until the land is adequately serviced, or until arrangements satisfactory to the council or other appropriate authority have been made to service it.
The proposal must not contain provisions that will reduce the permissible residential density of land.
This directly bites in Kiama whenever the council prepares an LEP amendment touching residential zones — for example rezonings around Kiama, Gerringong or Jamberoo, or adjusting residential zone boundaries. Two points are especially relevant: the council generally cannot down-zone or cut permissible dwelling density (a common tension where coastal hazard, bushfire-prone fringe or heritage-town character concerns arise) unless it can justify the reduction to the Planning Secretary via an approved strategy, supporting study, the Illawarra-Shoalhaven Regional Plan, or as minor significance. It also reinforces that new residential land must be adequately serviced before development is permitted, which matters for fringe or greenfield sites around Kiama's towns.
6.1 Residential Zones Objectives The objectives of this direction are to: (a) encourage a variety and choice of housing types to provide for existing and future housing needs, (b) make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and (c) minimise the impact of residential development on the environment and resource lands. Application This direction applies to all relevant planning authorities when preparing a planning proposal that will affect land within an existing or proposed residential zone (including the alteration of any existing residential zone boundary), or any other zone in which significant residential development is permitted or proposed to be permitted. Direction 6.1 (1) A planning proposal must include provisions that encourage the provision of housing that will: (a) broaden the choice of building types and locations available in the housing market, and (b) make more efficient use of existing infrastructure and services, and (c) reduce the consumption of land for housing and associated urban development on the urban fringe, and (d) be of good design. (2) A planning proposal must, in relation to land to which this direction applies: (a) contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and (b) not contain provisions which will reduce the permissible residential density of land. 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 3.1)
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 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.