Plain-English monitoring for directions, expectation orders and other planning instructions that shape local government work, even when they do not amend legislation.
When preparing a planning proposal for land covered by a Regional Plan released by the Minister, the proposal must be consistent with that plan's vision, land use strategy, goals, directions and actions. Inconsistency is only allowed if it is minor and doesn't undermine the plan's overall intent.
Planning proposals must minimise provisions requiring concurrence, consultation or referral to a Minister or public authority, and must not include such provisions without prior approval from the relevant authority and the Planning Secretary. Development can only be identified as designated development where the Secretary is satisfied it is likely to have a significant environmental impact and has approved it.
A planning proposal that amends an instrument to allow a particular development must either permit the use in the existing zone, rezone to an existing zone allowing it, or allow the use without imposing extra development standards beyond those already in the instrument. The proposal must not contain drawings showing details of the proposed development.
When a proposal introduces or alters an exclusion to clause 4.6 (or an equivalent variation provision), the authority must have regard to the Department's Guide to exclusions from clause 4.6. Such exclusions must be minimised and only applied where consistent with the criteria in Part 2 of that Guide.
A planning proposal must include provisions that protect and conserve environmentally sensitive areas. Where land is in a conservation zone or otherwise identified for environmental conservation/protection in an LEP, the proposal must not reduce the conservation standards that apply, including by changing development standards. An exception applies to minimum lot size changes for a dwelling made under Direction 9.2(2) 'Rural Lands'.
A planning proposal must contain provisions that facilitate conservation of items, places, buildings, works, relics and precincts of environmental heritage significance identified in a heritage study. It must also conserve Aboriginal objects and places protected under the National Parks and Wildlife Act, and Aboriginal areas, objects, places or landscapes identified in an Aboriginal heritage survey provided to the authority.
Planning proposals that create, remove or alter zones or provisions affecting flood prone land must be consistent with the NSW Flood Prone Land Policy, the Floodplain Development Manual 2005, the 2021 flooding guideline and any adopted flood study or floodplain risk management plan. Proposals must not rezone flood planning area land from rural/recreation/conservation zones to residential or similar, and must not allow risky development like floodway building, high-hazard housing, or uses where occupants can't evacuate.
When a planning proposal affects or is near mapped bushfire prone land, the planning authority must consult the NSW Rural Fire Service Commissioner after the gateway determination and before community consultation, and consider any comments. Proposals must have regard to Planning for Bushfire Protection 2019, avoid inappropriate development in hazardous areas, and ensure hazard reduction is not prohibited in Asset Protection Zones. Where development is proposed, proposals must meet requirements such as providing an Asset Protection Zone, two-way access roads, adequate firefighting water supply, and controls on combustible materials.
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.
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.
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.
When preparing a planning proposal, the authority must keep provisions permitting caravan parks and retain the zoning of existing caravan parks (or zone equivalently under the Standard Instrument). For manufactured home estates, it must consider Schedule 6 and clause 125 of the Housing SEPP 2021 on suitable locations and principles, and allow MHE subdivision by long-term lease (up to 20 years) or under the Community Land Development Act.
These apply only to specific named areas (Sydney growth areas, corridors and precincts) — not to a Kiama planning proposal. Listed for completeness.
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