State Environmental Planning Policy (Infrastructure) 2007

Part 1 Preliminary

Note—

Nothing in this Policy (except clause 9) affects any requirement under another Act to obtain an approval, licence or permit for or concurrence to any development of a kind specified in Part 3. Examples of Acts imposing such requirements include the Fisheries Management Act 1994, Forestry Act 1916, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997, Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000.

1 Name of Policy

This Policy is State Environmental Planning Policy (Infrastructure) 2007.

2 Aim of Policy

The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by:

(a)  improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and

(b)  providing greater flexibility in the location of infrastructure and service facilities, and

(c)  allowing for the efficient development, redevelopment or disposal of surplus government owned land, and

(d)  identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and

(e)  identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and

(f)  providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing.

3 Commencement of Policy

This Policy commences on 1 January 2008.

4 Land to which Policy applies

Except as otherwise provided by this Policy, this Policy applies to the State.

5 Interpretation—general

(1)  A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.

(2)  In this Policy:

associated public transport facilities for a railway station, public ferry wharf or road means such of the following as are integrated or associated with the station, wharf or road:

(a)  car parks intended for use by commuters,

(b)  public transport interchanges (being locations intended for use by commuters to transfer between and to different kinds of public transport such as buses, trains and ferries),

(c)  bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),

(d)  bus layovers.

Blue Book means Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and as in force at the commencement of this Policy.

bus layover means a location set aside for buses to park during periods between bus journeys.

Note—

Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.

consent:

(a)  when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and

(b)  when used in any other context, means development consent.

Note—

As a result of paragraph (a) of the definition of consent, development that this Policy provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).

Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.

consent authority has the same meaning as it has in the Act.

Note—

The Act defines consent authority as follows:

consent authority, in relation to a development application or an application for a complying development certificate, means:

(a)  the council having the function to determine the application, or

(b)  if a provision of the Environmental Planning and Assessment Act 1979, the regulations under that Act or an environmental planning instrument specifies a Minister or public authority (other than a council) as having the function to determine the application—that Minister or public authority, as the case may be.

emergency works means works for the purpose of maintaining or restoring infrastructure facilities or equipment in order to ensure public safety or to protect buildings or the environment due to:

(a)  a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or

(b)  accident, equipment failure or structural collapse, or

(c)  damage caused by vandalism or arson,

provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of the Blue Book.

environmental management works means:

(a)  works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and

(b)  environmental protection works.

heritage conservation area means land identified as a heritage conservation area or place of Aboriginal significance (or by a similar description) in an environmental planning instrument.

heritage significance means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.

local heritage item means:

(a)  a place, building, work, relic, tree, archaeological site or Aboriginal object that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or

(b)  an item of local heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.

public authority:

(a)  has the same meaning as it has in the Act, and

(b)  in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).

railway station includes any station for a metro railway (within the meaning of the Transport Administration Act 1988).

site compatibility certificate means a certificate issued under clause 19 (5).

Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 made under the Act.

State heritage item means an item of State heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act.

State land means:

(a)  Crown land within the meaning of the Crown Lands Act 1989, or

(b)  any other land of the Crown or vested in a Minister on behalf of the Crown, or

(c)  land owned by a public authority other than a council.

the Act means the Environmental Planning and Assessment Act 1979.

written notice includes notice by electronic mail or facsimile.

(3)  If this Policy provides that development for a particular purpose that may be carried out without consent includes construction works, the following works or activities are (subject to and without limiting that provision) taken to be construction works if they are carried out for that purpose:

(a)  accessways,

(b)  temporary construction yards,

(c)  temporary lay-down areas for materials or equipment,

(d)  temporary structures,

(e)  conduct of investigations,

(f)  clearing of vegetation (including any necessary cutting, lopping, ringbarking or removal of trees) and associated rectification and landscaping,

(g)  demolition,

(h)  relocation or removal of infrastructure,

(i)  extraction of extractive materials at the construction site solely for the purpose of the construction.

(4)  If this Policy provides that development for a particular purpose that may be carried out without consent includes routine maintenance works, the following works or activities are (subject to and without limiting that provision) taken to be routine maintenance works if they are carried out for that purpose:

(a)  routine repairs to or replacement of equipment or assets,

(b)  temporary construction yards,

(c)  clearing of vegetation (including any necessary cutting, lopping, ringbarking or removal of trees) and associated rectification and landscaping.

(5)  Notes included in this Policy are provided for guidance and do not form part of this Policy.

cl 5: Am 2009 (434), Sch 1 [1].

6 Interpretation—references to equivalent land use zones

(1)  A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 33A (2) of the Act:

(a)  that the Director-General has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or

(b)  if no such determination has been made in respect of the particular zone, that is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.

(2)  An assessment made by a relevant authority under subclause (1) (b) applies only in respect of the particular development that is proposed to be carried out and more than one such assessment may be made in respect of the same land use zone.

(3)  In this clause, relevant authority means:

(a)  the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or

(b)  if the development is to be carried out by or on behalf of a person other than a public authority, the Director-General.

Note—

Land use zones that are named in this Policy are those set out in the standard instrument.

cl 6: Am 2009 (61), Sch 1 [1] [2]. Subst 2009 (434), Sch 1 [2].

7 Interpretation—references to maps

(1)  A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name:

(a)  approved by the Minister when the map is adopted, and

(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.

(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.

(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

8 Relationship to other environmental planning instruments

Note—

This clause is subject to section 36 (4) of the Act.

(1)  Except as provided by subclause (2), if there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

Note—

Subclause (1) does not prevent a local environmental plan from making provision about development of a kind specified in Part 3 in a particular zone if the provisions of this Policy dealing with development of that kind do not apply in that zone.

(2)  Except as provided by subclause (3), if there is an inconsistency between this Policy and any of the following environmental planning instruments, the other instrument prevails to the extent of the inconsistency:

(a)  State Environmental Planning Policy No 14—Coastal Wetlands,

(b)  State Environmental Planning Policy No 26—Littoral Rainforests,

(c)  State Environmental Planning Policy (Major Projects) 2005.

(3)  Clauses 41 (2) (b), 79 (2) (b) and 94 (2) (b) of this Policy prevail over the following environmental planning instruments to the extent of any inconsistency:

(a)  State Environmental Planning Policy No 14—Coastal Wetlands,

(b)  State Environmental Planning Policy No 26—Littoral Rainforests.

Note—

Development may only be carried out on land to which SEPP 14 or SEPP 26 applies under clauses 41 (2) (b), 79 (2) (b) and 94 (2) (b) of this Policy if any adverse effect on the land is minimised.

9 Suspension of laws

(1)  The Acts, regulations and provisions of Acts specified below in relation to particular development to which this Policy applies do not apply to that development to the extent necessary to enable the development to be carried out in accordance with this Policy or with a consent granted under the Act:

(a)  development to which clause 7 (1) of State Environmental Planning Policy No 54—Northside Storage Tunnel applied immediately before its repeal—item 2 of Part A of the Table to section 68 of the Local Government Act 1993,

(b)  development to which clause 7 (2) of State Environmental Planning Policy No 54—Northside Storage Tunnel applied immediately before its repeal—so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the continued operation of the Northside Storage Tunnel (as defined by clause 105),

(c)  development to which clause 9 (1) of State Environmental Planning Policy No 63—Major Transport Projects applied immediately before its repeal—section 68 of the Local Government Act 1993 and sections 86, 87 and 91 (b) of the Public Works Act 1912,

(d)  development to which clause 8 (1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—Part 4 and Divisions 8 and 9 of Part 6 of the Heritage Act 1977,

(e)  development to which clause 9 (1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal:

(i)  the Fisheries Management Act 1994 and the regulations made under that Act, and

(ii)  section 68 of the Local Government Act 1993, and

(iii)  so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the laying, maintenance, repair or use of seawater inlet and outlet pipelines and tunnelling under Botany Bay National Park, or to a sewer line, for a desalination plant (including a pilot plant) on the Kurnell Peninsula.

(2)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(3)  In accordance with section 28 of the Environmental Planning and Assessment Act 1979, before the making of this Policy, the Governor approved the making of this clause with the concurrence in writing of the Ministers administering the Acts referred to in subclause (1).

10 Amendment and repeal of other environmental planning instruments

(1)  The environmental planning instruments specified in Schedule 4 are repealed.

(2)  The environmental planning instruments specified in Schedule 5 are amended as set out in that Schedule.

(3)  Schedule 5 is repealed on the day following the day on which this Policy commences.

11 Savings provision

(1)  This Policy does not apply to or in respect of:

(a)  the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of this Policy, or

(b)  the determination of a project application made under Part 3A of the Act, but not finally determined before the commencement of this Policy, or

(c)  the carrying out of an activity for which an approval was granted under Part 5 of the Act before the commencement of this Policy, if the carrying out of the activity under that approval begins within 2 years after that commencement, or

(d)  the determination of an application for an approval for an activity made under Part 5 of the Act within 2 years before the commencement of this Policy but not finally determined before that commencement, or

(e)  the carrying out of an activity for which an approval was granted in response to an application referred to in paragraph (d) if the carrying out of the activity under that approval begins within 2 years after the grant of the approval, or

(f)  the carrying out of an activity for which the proponent is also the determining authority and in relation to which an environmental assessment under Part 5 of the Act has been completed if the carrying out of the activity is commenced within 2 years after the completion of the assessment.

(2)  In this clause:

activity and approval have the same meanings as they have in Part 5 of the Act.

project has the same meaning as it has in Part 3A of the Act.

project application means:

(a)  an application for approval of a concept plan, or

(b)  an application for approval to carry out a project (or a part or aspect of a project), or

(c)  an application for approval of a concept plan and to carry out a project (or a part or aspect of a project).

12 Review of Policy

The Minister must ensure that the provisions of this Policy are reviewed:

(a)  as soon as practicable after the first anniversary of the commencement of this Policy, and

(b)  at least every 5 years after that commencement.

Part 2 General

Division 1 Consultation

13 Consultation with councils—development with impacts on council-related infrastructure or services

(1)  This clause applies to development carried out by or on behalf of a public authority that this Policy provides may be carried out without consent if, in the opinion of the public authority, the development:

(a)  will have a substantial impact on stormwater management services provided by a council, or

(b)  is likely to generate traffic to an extent that will strain the capacity of the road system in a local government area, or

(c)  involves connection to, and a substantial impact on the capacity of, any part of a sewerage system owned by a council, or

(d)  involves connection to, and use of a substantial volume of water from, any part of a water supply system owned by a council, or

(e)  involves the installation of a temporary structure on, or the enclosing of, a public place that is under a council’s management or control that is likely to cause a disruption to pedestrian or vehicular traffic that is not minor or inconsequential, or

(f)  involves excavation that is not minor or inconsequential of the surface of, or a footpath adjacent to, a road for which a council is the roads authority under the Roads Act 1993 (if the public authority that is carrying out the development, or on whose behalf it is being carried out, is not responsible for the maintenance of the road or footpath).

(2)  A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies unless the authority or the person has:

(a)  given written notice of the intention to carry out the development to the council for the area in which the land is located, and

(b)  taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.

14 Consultation with councils—development with impacts on local heritage

(1)  This clause applies to development carried out by or on behalf of a public authority if the development:

(a)  is likely to have an impact that is not minor or inconsequential on a local heritage item (other than a local heritage item that is also a State heritage item) or a heritage conservation area, and

(b)  is development that this Policy provides may be carried out without consent.

(2)  A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies unless the authority or the person has:

(a)  had an assessment of the impact prepared, and

(b)  given written notice of the intention to carry out the development, with a copy of the assessment, to the council for the area in which the heritage item or heritage conservation area (or the relevant part of such an area) is located, and

(c)  taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.

15 Consultation with councils—development with impacts on flood liable land

(1)  In this clause, flood liable land means land that is susceptible to flooding by the probable maximum flood event, identified in accordance with the principles set out in the manual entitled Floodplain Development Manual: the management of flood liable land published by the New South Wales Government and as in force from time to time.

(2)  A public authority, or a person acting on behalf of a public authority, must not carry out, on flood liable land, development that this Policy provides may be carried out without consent and that will change flood patterns other than to a minor extent unless the authority or person has:

(a)  given written notice of the intention to carry out the development to the council for the area in which the land is located, and

(b)  taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.

16 Consultation with public authorities other than councils

(1)  A public authority, or a person acting on behalf of a public authority, must not carry out specified development that this Policy provides may be carried out without consent unless the authority or person has:

(a)  given written notice of the intention to carry out the development to the specified authority in relation to the development, and

(b)  taken into consideration any response to the notice that is received from that authority within 21 days after the notice is given.

(2)  For the purposes of subclause (1), the following development is specified development and the following authorities are specified authorities in relation to that development:

(a)  development adjacent to land reserved under the National Parks and Wildlife Act 1974—the Department of Environment and Climate Change,

(b)  development adjacent to a marine park declared under the Marine Parks Act 1997—the Marine Parks Authority,

(c)  development adjacent to an aquatic reserve declared under the Fisheries Management Act 1994—the Department of Environment and Climate Change,

(d)  development in the foreshore area within the meaning of the Sydney Harbour Foreshore Authority Act 1998—the Sydney Harbour Foreshore Authority,

(e)  development comprising a fixed or floating structure in or over navigable waters—the Maritime Authority of NSW,

(f)  development for the purposes of an educational establishment, health services facility, correctional centre or group home, or for residential purposes, in an area that is bush fire prone land (as defined by the Act)—the NSW Rural Fire Service.

Note—

The Act defines bush fire prone land, in relation to an area, as land recorded for the time being as bush fire prone land on a map certified as referred to in section 146 (2) of the Act.

Note—

When carrying out development of a kind referred to in paragraph (f), consideration should be given to the publication of the NSW Rural Fire Service Planning for Bush Fire Protection 2006.

17 Exceptions

(1)  Clauses 13–16 do not apply with respect to development to the extent that:

(a)  they would require notice of the intention to carry out the development to be given to a council or public authority from whom an approval is required in order for the development to be carried out lawfully, or

(b)  they would require notice to be given to a council or public authority with whom the public authority that is carrying out the development, or on whose behalf it is being carried out, has an agreed consultation protocol that applies to the development, or

(c)  they would require notice to be given to a council or public authority that is carrying out the development or on whose behalf it is being carried out, or

(d)  the development is exempt development or complying development under any environmental planning instrument (including this Policy), or

(e)  the development comprises emergency works, or

(f)  the development is carried out in accordance with a code of practice approved by the Minister for the purposes of this clause and published in the Gazette.

(2)  In this clause:

approval means any licence, permission or any form of authorisation, other than development consent, under any other law.

consultation protocol means an arrangement that:

(a)  is about when and how the parties to the arrangement will consult one another about proposed development, and

(b)  is recorded in writing, and

(c)  is approved in writing on behalf of any public authority that is a party to the arrangement by a person who is authorised to do so.

Division 2 Additional uses of State land

Note—

Consent for development under this Division may be granted only if the development is the subject of a certificate of the Director-General certifying that the development is compatible with surrounding land uses. The provisions of this Division extend to the classes of development specified in clauses 57 (2) and 62 (1).

18 Additional uses of certain State land permitted

(1)  This clause applies to State land unless:

(a)  the land is subject to a standard local environmental plan made as provided by section 33A (2) of the Act, or

(b)  the land is:

(i)  zoned for conservation purposes under an environmental planning instrument, or

(ii)  a State forest, flora reserve or timber reserve under the Forestry Act 1916, or

(iii)  reserved under the National Parks and Wildlife Act 1974, or

(iv)  reserved under the Crown Lands Act 1989 for a public purpose that, in the opinion of the Director-General, is an environmental protection or nature conservation purpose.

(2)  If development for a particular purpose is permitted (with or without consent) on land by the zoning of that land, development for that purpose may be carried out on any adjacent State land to which this clause applies:

(a)  with consent, if the development is permitted on the land with consent, or

(b)  without consent, if the development is permitted on the land without consent,

despite the provisions of any local environmental plan that applies to that State land.

Note—

Development includes subdivision of land—see the definition of development in the Act.

(3)  Consent must not be granted for development that this clause provides may be carried out with consent unless the consent authority is satisfied that the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses.

Note—

A site compatibility certificate is not required for development that this clause provides may be carried out without consent.

(4)  This clause does not:

(a)  prevent a consent authority from:

(i)  granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or

(ii)  refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or

(b)  otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this clause applies.

(5)  This clause applies regardless of whether the State land and the adjacent land concerned are subject to the same or different environmental planning instruments.

(6)  Land is adjacent to other land for the purpose of this clause even if it is separated from that other land by a road, or road related area, as defined by the Road Transport (General) Act 2005.

(7)  In this clause, a reference to land zoned for conservation purposes means land in any of the following land use zones or in a land use zone that is equivalent to any of those zones:

(a)  RE1 Public Recreation,

(b)  E1 National Parks and Nature Reserves,

(c)  E2 Environmental Conservation,

(d)  W1 Natural Waterways.

Division 3 Site compatibility certificates

19 Site compatibility certificates

(1)  An application for a site compatibility certificate for the purpose of clause 18, 57 (3) or 63C (2) (a) may be made to the Director-General:

(a)  by the owner of the land on which the development is proposed to be carried out, or

(b)  by any other person with the consent of the owner of that land.

(2)  An application under this section:

(a)  must be in writing in the form approved by the Director-General, and

(b)  must be accompanied by such documents and information as the Director-General may require, and

(c)  must be accompanied by such fee, if any, as is prescribed by the regulations.

(3)  The Director-General may request further documents and information to be furnished in connection with an application under this section.

(4)  Within 7 days after the application is made, the Director-General must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Director-General refuses, before those 7 days have elapsed, to issue a certificate.

(5)  Subject to subclause (6), the Director-General may determine the application by issuing a certificate or refusing to do so.

(6)  The Director-General must not issue a certificate unless the Director-General:

(a)  has taken into account any comments received from the council within 14 days after the application for the certificate was made, and

(b)  is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters:

(i)  the existing uses and approved uses of land in the vicinity of the development,

(ii)  the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Director-General, are likely to be the preferred future uses of that land,

(iii)  the services and infrastructure that are or will be available to meet the demands arising from the development, and

(c)  is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.

(7)  A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.

(8)  A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.

(9)  A certificate is valid for 5 years or such other period specified in the certificate.

cl 19: Am 2009 (61), Sch 1 [3].

Division 4 Exempt development

20 Exempt development

Note—

Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)  must be of minimal environmental impact, and

(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)  Development for a purpose specified in Schedule 1 is exempt development if:

(a)  it is carried out by or on behalf of a public authority, and

(b)  it meets the development standards for the development specified in Schedule 1, and

(c)  it complies with the requirements of this clause.

(2)  To be exempt development, the development:

(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(b)  if it is carried out in relation to an existing building, must not cause the building to contravene the Building Code of Australia, and

(c)  must be carried out in accordance with all relevant requirements of the Blue Book, and

(d)  must involve no more than minimal impact on the environment or amenity of the surrounding area, and

(e)  if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the heritage significance of the item or area.

Note—

Other provisions of this Policy identify kinds of development that are exempt development if they meet the requirements of subclause (2).

Part 3 Development controls

Division 1 Air transport facilities

21 Definitions

In this Division:

air transport facility means an airport, or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.

airport means a place used for the landing, taking off, parking, maintenance or repair of aeroplanes (including associated buildings, installations, facilities and movement areas and any heliport that is part of the airport).

heliport has the same meaning as it has in the Standard Instrument.

Note—

The Standard Instrument defines heliport as follows:

heliport means a place open to the public used for the taking off and landing of helicopters whether or not it includes:

(a)  a terminal building, or

(b)  facilities for the parking, storage or repair of helicopters.

22 Development permitted without consent

(1)  Development for the purpose of an airport may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones or in a land use zone that is equivalent to any of those zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  IN4 Working Waterfront,

(d)  SP1 Special Activities,

(e)  SP2 Infrastructure,

(f)  W2 Recreational Waterways,

(g)  W3 Working Waterways.

(2)  Development for the purpose of an air transport facility, being a heliport that is not part of an airport, may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones or in a land use zone that is equivalent to any of these zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  RU4 Rural Small Holdings,

(d)  IN1 General Industrial,

(e)  IN2 Light Industrial,

(f)  IN3 Heavy Industrial,

(g)  IN4 Working Waterfront,

(h)  SP1 Special Activities,

(i)  SP2 Infrastructure,

(j)  W2 Recreational Waterways,

(k)  W3 Working Waterways.

(3)  A reference in this clause to development for the purpose of an air transport facility includes a reference to development for any of the following purposes if the development is in connection with an air transport facility:

(a)  construction works,

(b)  fencing, drainage or vegetation management.

23 Development permitted with consent

Development for any of the following purposes may be carried out with consent on land within the boundaries of an existing air transport facility, if the development is ancillary to the air transport facility:

(a)  passenger terminals,

(b)  facilities for the receipt, forwarding or storage of freight,

(c)  hangars for aircraft storage, maintenance and repair,

(d)  premises for retail, business, recreational, residential or industrial uses.

Division 2 Correctional centres

24 Definition

In this Division:

correctional centre means:

(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and

(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,

but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU2 Rural Landscape,

(b)  RU4 Rural Small Holdings,

(c)  RU6 Transition,

(d)  B4 Mixed Use,

(e)  SP1 Special Activities,

(f)  SP2 Infrastructure.

25 Development permitted with consent

(1)  Development for the purpose of correctional centres may be carried out by or on behalf of a public authority with consent on land in a prescribed zone.

(2)  Development for the purpose of a correctional centre may be carried out by or on behalf of a public authority with consent on Lot 1, DP 740367 in the vicinity of Windsor in the City of Penrith.

(3)  A reference in this clause to development for the purpose of correctional centres includes a reference to development for any of the following purposes if the development is associated with a correctional centre:

(a)  accommodation for staff,

(b)  administration buildings,

(c)  car parks for visitors and staff,

(d)  educational establishments,

(e)  group homes (as defined by clause 59),

(f)  health services facilities (as defined by clause 56),

(g)  industries,

(h)  recreational facilities.

26 Development permitted without consent

Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land within a prescribed zone if the development is in connection with an existing correctional centre:

(a)  transitional group homes that each contain not more than 5 bedrooms and accommodate fewer residents than the number equal to the number calculated by multiplying the number of bedrooms in the home by 2,

(b)  sporting facilities or additions to sporting facilities, if the development does not involve clearing of more than 2 hectares of native vegetation,

(c)  demolition of buildings,

(d)  replacement of accommodation, administration or other facilities in, or minor alterations of or additions to, a correctional centre, if the development does not allow for an increase in:

(i)  the number of persons accommodated at the centre, or

(ii)  the number of staff employed at the centre,

that is greater than 10 per cent (compared with the average of each of those numbers for the 12 month period immediately prior to the commencement of the development).

Division 3 Educational establishments

27 Definitions

In this Division:

educational establishment has the same meaning as it has in the Standard Instrument.

Note—

The term educational establishment is defined by the Standard Instrument as follows:

educational establishment means a building or place used for education (including teaching), being:

(a)  a school, or

(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU2 Rural Landscape,

(b)  RU4 Rural Small Holdings,

(c)  RU5 Village,

(d)  RU6 Transition,

(e)  R1 General Residential,

(f)  R2 Low Density Residential,

(g)  R3 Medium Density Residential,

(h)  R4 High Density Residential,

(i)  R5 Large Lot Residential,

(j)  B1 Neighbourhood Centre,

(k)  B2 Local Centre,

(l)  B3 Commercial Core,

(m)  B4 Mixed Use,

(n)  B5 Business Development,

(o)  B6 Enterprise Corridor,

(p)  B7 Business Park,

(q)  SP1 Special Activities,

(r)  SP2 Infrastructure,

(s)  E4 Environmental Living.

school has the same meaning as it has in the Standard Instrument.

Note—

The term school is defined by the Standard Instrument as follows:

school means a government school or non-government school within the meaning of the Education Act 1990.

TAFE establishment has the same meaning as it does in the Technical and Further Education Commission Act 1990.

cl 27: Am 2008 (461), Sch 1 [1]; 2009 (61), Sch 1 [4].

28 Development permitted with consent

(1)  Development for the purpose of educational establishments may be carried out by or on behalf of a public authority with consent on land in a prescribed zone.

(1A)  Development for the purpose of educational establishments may be carried out by or on behalf of a person other than a public authority with consent on land in a prescribed zone.

(1B)  Subclause (1A) ceases to have effect 3 years after the commencement of that subclause.

(1C)  Development for a purpose specified in clause 31A (1) may be carried out by any person with consent on land on which there is an existing school or TAFE establishment.

(2)  Development for any of the following purposes may be carried out by any person with consent on any of the following land:

(a)  development for the purpose of educational establishments—on land on which there is an existing educational establishment,

(b)  development for the purpose of the expansion of existing educational establishments—on land adjacent to the existing educational establishment.

(3)  An educational establishment (including any part of its site and any of its facilities) may be used, with consent, for any community purpose, whether or not it is a commercial use of the establishment.

(4)  Subclause (3) does not require consent to carry out development on land if that development could, but for this Policy, be carried out on that land without consent.

cl 28: Am 2009 (61), Sch 1 [5]; 2009 (327), Sch 1 [1].

29 Development permitted without consent

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land in a prescribed zone if the development is in connection with an existing educational establishment:

(a)  construction, operation or maintenance, more than 5m from any property boundary, of:

(i)  a library or an administration building that is not more than one storey high, or

(ii)  a portable classroom that is not more than one storey high, or

(iii)  a permanent classroom that is not more than one storey high to replace an existing portable classroom and that is used for substantially the same purpose as the portable classroom, or

(iv)  a tuckshop, cafeteria or bookshop to provide for students and staff that is not more than one storey high, or

(v)  a sporting field, tennis court, basketball court or any other type of court used for sport, and associated awnings or canopies, if the development does not involve clearing of more than 2 hectares of native vegetation, or

(vi)  a car park that is not more than one storey high, or

(vii)  a toilet block, or

(viii)  if the development is on bush fire prone land or if the educational establishment is, or contains, a heritage item—an outdoor learning or play area and associated awnings or canopies,

(b)  minor alterations or additions, such as:

(i)  internal fitouts, or

(ii)  alterations or additions to address occupational health and safety requirements or to provide access for people with a disability,

(c)  restoration, replacement or repair of damaged facilities,

(d)  demolition of buildings or structures,

(e)  environmental management works.

(2)  However, subclause (1) only applies to development that:

(a)  does not allow for an increase in:

(i)  the number of students at the educational establishment, or

(ii)  the number of staff employed at the establishment,

that is greater than 10 per cent (compared with the average of each of those numbers for the 12 month period immediately prior to the commencement of the development), and

(b)  will not necessitate an alteration of transport or traffic arrangements.

(3)  Development for the purpose of a portable one storey classroom may be carried out by any person without consent on land on which a school is located, if the classroom is located more than 5m from any property boundary.

cl 29: Am 2008 (461), Sch 1 [2] [3]; 2009 (327), Sch 1 [2] [3].

30 Notification of carrying out of certain development without consent

(1)  This clause applies to development to which clause 29 (1) (a) or (3) applies that is not a project to which Part 3A of the Act applies.

(2)  Before development to which this clause applies is carried out, the proponent of the development must:

(a)  give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the proponent is that council) and to the occupiers of adjoining land, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.

31 Exempt development

(1)  Development for any of the following purposes is exempt development if it is in connection with an existing educational establishment and complies with clause 20 (2) (Exempt development):

(a)  an awning or canopy that is not within 5m of any property boundary,

(b)  the removal or lopping of a tree because the tree poses a risk to human health or safety or if the removal or lopping is in accordance with the State government publication School Facilities Standards—Landscape Standard—Version 22 (March 2002).

Note—

A copy of the School Facilities Standards—Landscape Standard—Version 22 is available for inspection by the public free of charge at the head office of the Department of Planning—see clause 32.

(2)  Development for a purpose specified in Schedule 1 that is carried out by a person other than a public authority is exempt development if:

(a)  it is carried out on land within the boundaries of an existing educational establishment, and

(b)  it meets the development standards for the development specified in Schedule 1, and

(c)  it complies with clause 20 (2) (Exempt development).

Note—

Clause 20 (1) covers development carried out by or on behalf of a public authority.

cl 31: Am 2008 (461), Sch 1 [4].

31A Complying development—existing schools and TAFE establishments

(1)  Development carried out by or on behalf of any person on land within the boundaries of an existing school or TAFE establishment is complying development if:

(a)  it is carried out for the purpose of the construction of, or alterations or additions to, any of the following:

(i)  a library or an administration building,

(ii)  a gym, indoor sporting facility or hall,

(iii)  a classroom, lecture theatre, laboratory, trade or training facility,

(iv)  a tuckshop, cafeteria, bookshop or child care facility to provide for students or staff (or both),

(v)  a hall with associated covered outdoor learning area or tuck shop,

(vi)  if the development is not on bush fire prone land or if the educational establishment is not, or does not contain, a heritage item—an outdoor learning or play area and associated awnings or canopies,

(vii)  a car park, and

(b)  it complies with the requirements of this clause.

(1A)  Development carried out by or on behalf of any person on land within the boundaries of an existing school or TAFE establishment is complying development if the development is an alteration or addition referred to in subclause (1) and is carried out for the purposes of a change of use from an existing use to another use specified in that subclause.

(2)  To be complying development, the development must:

(a)  be permissible, with consent, in the zone in which it is carried out, and

(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  not be carried out within 1m of any public sewer except with the written approval of the authority that has management or control of the main.

Note—

Section 76A of the Act also provides that certain development cannot be complying development.

(3)    (Repealed)

(4)  The following are the development standards for complying development under this clause:

(a)  Building height standard. The building height of a building must not exceed 12m.

(b)  Side and rear setback standard. A building must be located at least 5m from any side or rear boundary of the land.

(c)  Materials standard. Any new external walls or roof of a building must be constructed of non-reflective material.

(d)  Noise standard. A building to be used for the purpose of a gym, indoor sporting facility or hall that is located less than 20m from a common boundary with land zoned residential must be designed to meet the acoustic performance elements contained in item 11.05.e of the State government publication School Facilities Standards—Design Standard—Version 1/09/2006.

(e)  Overshadowing standard. A building must not overshadow any adjoining residential property so that:

(i)  solar access to any habitable room on the adjoining property is reduced to less than the minimum level (being 2 hours of solar access between 9 am and 3 pm at the winter solstice) or is reduced in any manner (if solar access to any habitable room on the adjoining property is already below the minimum level), or

(ii)  solar access to the principal private open space of the adjoining property is reduced to less than the minimum level (being 3 hours of solar access to not less than 50% of that principal private open space between 9 am and 3 pm at the winter solstice) or is reduced in any manner (if solar access to the principal private open space of the adjoining property is already below the minimum level).

cl 31A: Ins 2008 (461), Sch 1 [5]. Am 2009 (61), Sch 1 [6]; 2009 (327), Sch 1 [4]–[6].

31B (Repealed)

cl 31B: Ins 2008 (461), Sch 1 [5]. Rep 2009 (61), Sch 1 [7].

31C Complying development certificates

A complying development certificate for development that is complying development under this Division is subject to the following conditions:

(a)  development must be carried out in accordance with the plans and specifications to which the complying development certificate relates,

(b)  any demolition work must be carried out in accordance with AS 2601—2001 The Demolition of Structures, published by Standards Australia on 13 September 2001,

(c)  run-off and erosion controls must be implemented in accordance with the plans to which the complying development certificate relates (before any disturbance to the soil at the site) and maintained throughout the period of the works,

(d)  any removal or lopping of vegetation must be carried out in accordance with State government publication School Facilities Standards—Landscape Standard—Version 22 (March 2002),

(e)  development must be carried out in accordance with all relevant requirements of the Blue Book,

(f)  building materials and equipment must be stored wholly within the work site,

(g)  work must be carried out only between 7 am and 7 pm, Monday to Friday, and between 8 am and 4 pm on a Saturday,

(h)  work must not be carried out on a Sunday or public holiday,

(i)  before a building is occupied, a certificate of compliance, if required, must be obtained from the local water supply and sewer authority.

cl 31C: Ins 2008 (461), Sch 1 [5].

32 Determination of development applications

(1)    (Repealed)

(2)  Before determining a development application for development for the purposes of a school, the consent authority must take into consideration all relevant standards in the following State government publications (as in force on the commencement of this Policy):

(a)  School Facilities Standards—Landscape Standard—Version 22 (March 2002),

(b)  Schools Facilities Standards—Design Standard (Version 1/09/2006),

(c)  Schools Facilities Standards—Specification Standard (Version 01/11/2008).

(3)  If there is an inconsistency between a standard referred to in subclause (2) and a provision of a development control plan, the standard prevails to the extent of the inconsistency.

(4)  Copies of the standards referred to in subclause (2) are available for inspection by the public at the head office of the Department of Planning and such other offices of the Department (if any) as the Director-General may determine.

(5)  If a development application has been made before the commencement of the amendment to this clause by State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009, and the application has not been finally determined before that commencement, the application must be determined as if that amendment had not been made.

cl 32: Am 2009 (61), Sch 1 [8] [9]; 2009 (137), Sch 1 [1] [2].

Division 4 Electricity generating works

33 Definitions

In this Division:

electricity generating works has the same meaning as it has in the Standard Instrument.

Note—

The term electricity generating works is defined by the Standard Instrument as follows:

electricity generating works means a building or place used for the purpose of making or generating electricity.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  RU3 Forestry,

(d)  RU4 Rural Small Holdings,

(e)  IN1 General Industrial,

(f)  IN3 Heavy Industrial,

(g)  SP1 Special Activities,

(h)  SP2 Infrastructure.

waste or resource management facility has the same meaning as it has in Division 23 of this Part (Waste or resource management facilities).

34 Development permitted with consent

(1)  Development for the purpose of electricity generating works may be carried out by any person with consent on land in a prescribed zone.

(2)  Development for the purpose of a back-up electricity generating plant that operates for not more than 200 hours in any year may be carried out by any person with consent on any land.

(3)  Development for the purpose of, or resulting in, a change of fuel source of an existing coal or gas fired generating works by a proportion of more than 5 per cent in any 12 month period may only be carried out with consent.

(4)  If, under any environmental planning instrument (including this Policy), development for the purpose of:

(a)  industry, or

(b)  a waste or resource management facility,

may be carried out on land with consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person with consent on that land.

35 Other development permitted with consent where electricity generating works permitted

If, under any environmental planning instrument (including this Policy), development for the purpose of coal-fired or gas-fired electricity generating works may be carried out on land with consent, development for the purpose of industry may also be carried out by any person with consent on that land if the industry:

(a)  is located close to the works, and

(b)  provides opportunities for energy efficiency or co-generation in the operation of the works.

36 Development permitted without consent

(1)  Development for the purpose of the generation or distribution of hydro-electric power using existing dam infrastructure may be carried out by or on behalf of a public authority without consent on any land.

(2)  If, under any environmental planning instrument (including this Policy), development for the purpose of sewage treatment works may be carried out on land without consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person without consent on that land.

37 Complying development

Development for the purpose of a photovoltaic system or solar hot water system that is associated with an existing building for which the system generates electricity or hot water is complying development on any land if the development:

(a)  does not necessitate the removal of trees from near the building to ensure solar energy is available, and

(b)  does not create excessive glare or reflection onto any adjacent building, and

(c)  does not block views or otherwise adversely affect any adjacent property, and

(d)  is not located on a building that is a State or local heritage item or is in a heritage conservation area.

Note—

Some development for the purpose of photovoltaic systems or solar hot water systems is exempt development—see clause 39.

38 Prohibited development

Development on any land for the purpose of electricity generating works that burn native forest bio-material (within the meaning of clause 57L of the Protection of the Environment Operations (General) Regulation 1998) is prohibited.

39 Exempt development

(1)  Development for the purpose of a photovoltaic system or solar hot water system for a building is exempt development if it complies with clause 20 (2) (Exempt development) and all of the following requirements are met:

(a)  the system is integrated into the building or is flush or parallel with the surface of its roof,

(b)  the development does not:

(i)  reduce the structural integrity of, or involve structural alterations to, the building, or

(ii)  necessitate the removal of trees from near the building to ensure that solar energy is available for the system,

(c)  on average, over any 5 year period, at least 75 per cent of the electricity generated by the system in a 12 month period is used in or for the building,

(d)  the system is not located on a building that is a State or local heritage item or is in a heritage conservation area.

(2)  Development for the purpose of a wind monitoring tower used in connection with the investigation or determination of the feasibility of a wind farm is exempt development if:

(a)  it complies with clause 20 (2) (Exempt development), and

(b)  the tower:

(i)  is erected in accordance with the manufacturer’s specifications, and

(ii)  has a height of not more than 110m, and

(iii)  is removed within 30 months after its erection is completed, and

(c)  the site of the tower:

(i)  is enclosed by a fence that prevents unauthorised entry to the site, and

(ii)  is not within 100m of any public road, and

(iii)  is not within 1km of any other wind monitoring tower or a school, and

(iv)  is not within 1km of any dwelling except with the prior written permission of the owner of the dwelling, and

(v)  is not within 500m of any State heritage item, and

(vi)  does not affect a significant view to or from any such item that is identified in a conservation management plan (as defined by clause 3 of the Heritage Regulation 2005) for the item, and

(d)  before the tower is erected, the Civil Aviation Safety Authority (established under the Civil Aviation Act 1988 of the Commonwealth) is notified in writing of:

(i)  the tower’s “as constructed” longitude and latitude co-ordinates, and

(ii)  the ground level elevation at the base of the tower, referenced to the Australian Height Datum, and

(iii)  the height from ground level (existing) to the topmost point of the tower (including all attachments), and

(iv)  the elevation to the top of the tower (including all attachments), referenced to the Australian Height Datum, and

(v)  the date on which it is proposed to remove the tower.

Division 5 Electricity transmission or distribution

Subdivision 1 Electricity transmission or distribution networks

40 Definitions

In this Division:

electricity supply authority means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public, whether by statute, franchise agreement or otherwise, and includes:

(a)  an energy services corporation within the meaning of the Energy Services Corporations Act 1995, and

(b)  a transmission operator or distribution network service provider (in each case within the meaning of the Electricity Supply Act 1995), and

(c)  Rail Corporation New South Wales constituted under the Transport Administration Act 1988, and

(d)  the Water Administration Ministerial Corporation constituted under the Water Management Act 2000.

electricity transmission or distribution network includes the following components:

(a)  above or below ground electricity transmission or distribution lines (and related bridges, cables, conductors, conduits, poles, towers, trenches, tunnels, ventilation and access structures),

(b)  above or below ground electricity kiosks or electricity substations, feeder pillars or transformer housing, substation yards or substation buildings.

safety risks means risks of electrocution, fire risks, risks relating to voltage rises or risks to the integrity of an electricity transmission or distribution network.

41 Development permitted without consent

(1)  Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land. However, such development may be carried out without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development:

(a)  is authorised by or under that Act, or

(b)  is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or

(c)  is carried out on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement, or

(d)  is an electricity work to which section 53 of the Electricity Supply Act 1995 applies.

(2)  In this clause, a reference to development for the purpose of an electricity transmission or distribution network includes a reference to development for any of the following purposes if the development is in connection with such a network:

(a)  construction works (whether or not in a heritage conservation area), including:

(i)  laying and installation of cables and cable pits, co-location of cabling and erection of ventilation and access structures, bridges and tunnel adits, and construction of a tunnel or conduit for an underground cable, and

(ii)  alteration, demolition or relocation of a local heritage item, and

(iii)  alteration or relocation of a State heritage item,

(b)  emergency works, or routine maintenance works, on the site of an existing component of a network or on land that is adjacent to such a site (whether or not the works are on land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies but, if they are on such land, only if any adverse effect on the land is restricted to the minimum possible to allow the works to be carried out),

(c)  environmental management works,

(d)  establishment of a new substation or an increase in the area of existing substation yards or the installation of equipment, plant or structures in existing substation yards or substation buildings,

(e)  above or below ground co-location of telecommunications cabling and associated structures,

(f)  an electricity generating unit to provide temporary support to the network at a substation or maintenance depot, but only if the combined capacity of all units at the substation or maintenance depot does not exceed 5 megawatts and none of the units is operated, or is intended to be operated, for more than 200 hours in any 12 month period.

42 Notification of electricity substation development

(1)  This clause applies to development that:

(a)  is carried out by or on behalf of an electricity supply authority or public authority, and

(b)  is for the purpose of a new or existing electricity substation of any voltage (including any associated yard, control building or building for housing plant), and

(c)  is not a project to which Part 3A of the Act applies.

(2)  Before development to which this clause applies is carried out, the electricity supply authority or public authority must:

(a)  give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the authority is that council) and to the occupiers of adjoining land, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.

43 Exempt development

Development for any of the following purposes is exempt development if the development is in connection with an electricity transmission or distribution network and complies with clause 20 (2) (Exempt development):

(a)  installation of cables in existing conduits if the installation involves no greater soil or vegetation disturbance than necessary,

(b)  maintenance, repair, replacement or realignment of poles or of associated support structures for electricity lines that have a capacity of less than 33 kV, if:

(i)  the primary purpose of the development is not to increase the capacity of the network, and

(ii)  in the case of replacement, the replacement materials are similar to the materials being replaced or, if timber pole structures are being replaced, they are replaced with similar sized steel or concrete structures,

(c)  installation, maintenance, repair, replacement or upgrading of above or below ground service lines with a capacity of less than 33 kV that connect premises to the network,

(d)  installation, maintenance, repair or replacement of the following:

(i)  existing plant or equipment in an existing fenced area or in an existing building (including pillars with a capacity of less than 33 kV, fuses, control points, switches, regulators and protection equipment, but not including outdoor installation of equipment with a capacity of 33 kV or more),

(ii)  street lighting if the lighting minimises light spill and artificial sky glow in accordance with AS/NZS 1158:2007, Lighting for Roads and Public Spaces,

(iii)  electricity metering,

(iv)  electrical conductors on existing structures, if the development will not result in an increase in the capacity of the network,

(e)  maintenance of existing access tracks in easements or rights of way, or on land subject to section 53 of the Electricity Supply Act 1995, if it is required to facilitate the maintenance or repair of electricity lines,

(f)  maintenance, repair or replacement of pole substations, if:

(i)  the development will not result in any increase in the capacity of the network, and

(ii)  in the case of replacement of materials, the replacement materials are similar to the materials being replaced and the replacement does not involve any structural alterations,

(g)  demolition and removal of electricity works in accordance with the relevant provisions of AS 2601—2001, Demolition of structures (not including works associated with substations containing equipment that has a capacity of 33 kV or more or at sites where soil is likely to be contaminated),

(h)  emergency works to maintain or restore a supply of electricity,

(i)  construction, maintenance or realignment of security fencing with a height of not more than 3.2m above ground level (existing),

(j)  investigations (including geotechnical and other testing, surveying and sampling) above or below the surface of the ground, if the investigations:

(i)  involve no greater soil or vegetation disturbance than necessary, and

(ii)  do not result in an increase in stormwater drainage or run-off from the sites concerned,

(k)  vegetation management complying with a tree management plan prepared in accordance with clause 103 of the Electricity Supply (General) Regulation 2001 or vegetation management that is exempted under clause 21 of the Native Vegetation Regulation 2005,

(l)  environmental management works in an existing fenced area or in an existing building.

Subdivision 2 Development likely to affect an electricity transmission or distribution network

44 Excavation—corridors in City of Sydney

(1)  This clause applies to a development application (or an application for modification of a consent) for development that involves the penetration of ground to a depth of at least 3m below ground level (existing) on land that is within 10m (measured radially) of the centreline of any of the following electricity supply corridors (or parts of such corridors):

(a)  the part of the Picnic Point to Haymarket corridor (as approved by the Minister on 1 February 2002) that runs between Sydney Park and Haymarket,

(b)  the Haymarket to Surry Hills corridor (as approved by the Minister on 21 December 2001),

(c)  the City West Cable Tunnel corridor (as approved by the Minister on 21 February 2007).

Note—

Copies of the Minister’s determinations are available on the website of the Department of Planning.

(2)  Before determining an application to which this clause applies, the consent authority must:

(a)  give written notice of the application to the electricity supply authority for the area in which the development is to be carried out, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given, and

(c)  be satisfied that any safety risks associated with the development or modification to which the application relates have been identified, and

(d)  take those risks into consideration.

45 Determination of development applications—other development

(1)  This clause applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following:

(a)  the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b)  development carried out:

(i)  within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii)  immediately adjacent to an electricity substation, or

(iii)  within 5m of an exposed overhead electricity power line,

(c)  installation of a swimming pool any part of which is:

(i)  within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

(ii)  within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool,

(d)  development involving or requiring the placement of power lines underground, unless an agreement with respect to the placement underground of power lines is in force between the electricity supply authority and the council for the land concerned.

(2)  Before determining a development application (or an application for modification of a consent) for development to which this clause applies, the consent authority must:

(a)  give written notice to the electricity supply authority for the area in which the development is to be carried out, inviting comments about potential safety risks, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.

Division 6 Emergency services facilities and bush fire hazard reduction

46 Definitions

In this Division:

bush fire hazard reduction work means:

(a)  the establishment or maintenance of fire breaks on land, and

(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,

but does not include construction of a track, trail or road.

emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.

emergency services organisation means:

(a)  the Ambulance Service of New South Wales,

(b)  New South Wales Fire Brigades,

(c)  the NSW Rural Fire Service,

(d)  the NSW Police Force,

(e)  the State Emergency Service,

(f)  the New South Wales Volunteer Rescue Association Incorporated,

(g)  the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  RU3 Forestry,

(d)  RU4 Rural Small Holdings,

(e)  RU5 Village,

(f)  B2 Local Centre,

(g)  B3 Commercial Core,

(h)  B4 Mixed Use,

(i)  B5 Business Development,

(j)  B6 Enterprise Corridor,

(k)  B7 Business Park,

(l)  IN1 General Industrial,

(m)  IN3 Heavy Industrial,

(n)  IN4 Working Waterfront,

(o)  SP1 Special Activities,

(p)  SP2 Infrastructure,

47 Development permitted with consent

Development for the purpose of an emergency services facility may be carried out with consent in a prescribed zone by or on behalf of an emergency services organisation that is not a public authority.

48 Development permitted without consent

(1)  Development for the purpose of an emergency services facility may be carried out by or on behalf of a public authority without consent in a prescribed zone. However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if it is authorised by or under that Act.

(2)  Development for any of the following purposes may be carried out by or on behalf of an emergency services organisation without consent on any land:

(a)  minor alterations of or additions to an existing emergency services facility, such as internal fitouts or works for safety or security purposes,

(b)  restoration of an emergency services facility due to damage,

(c)  demolition of an emergency services facility.

(3)  Development for the purpose of bush fire hazard reduction work or the construction of fire trails may be carried out by any person without consent on any land if the development:

(a)  is not on land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, and

(b)  is consistent with a bush fire risk management plan within the meaning of the Rural Fires Act 1997 that applies to the area or locality in which the development is proposed to be carried out.

Note—

The Rural Fires Act 1997 makes certain bush fire risk management work exempt development.

Division 7 Flood mitigation work

49 Definition

In this Division:

flood mitigation work has the same meaning as it has in the Standard Instrument.

Note—

The Standard Instrument defines flood mitigation work as follows:

flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.

Note—

Examples of flood mitigation work include levees, barrages, causeways, cuttings, embankments, floodgates and detention basins.

50 Development permitted without consent

(1)  Development for the purpose of flood mitigation work may be carried out by or on behalf of a public authority without consent on any land.

(2)  A reference in this clause to development for the purpose of flood mitigation work includes a reference to development for any of the following purposes if the development is in connection with flood mitigation work:

(a)  construction works,

(b)  routine maintenance works,

(c)  environmental management works.

Division 8 Forestry

Note—

This Division does not apply in relation to forestry to which a forest agreement or integrated forestry operations approval under the Forestry and National Park Estate Act 1998 applies—see section 36 of that Act. See also the Native Vegetation Act 2003 in relation to the clearing of native vegetation.

51 Definition

In this Division:

forestry has the same meaning as it has in the Standard Instrument.

Note—

The Standard Instrument defines forestry (by reference to the Forestry and National Park Estate Act 1998) to mean:

(a)  logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or

(b)  forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or

(c)  on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or

(d)  ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.

52 Development permitted without consent

(1)  Development for the purpose of forestry may be carried out by or on behalf of a public authority without consent on land in Zone RU3 Forestry or an equivalent land use zone.

(2)  A reference in this clause to development for the purpose of forestry includes a reference to development for any of the following purposes:

(a)  operation of portable timber mills,

(b)  harvesting of products of cultural value from trees, shrubs and other vegetation,

(c)  forest management activities relating to matters such as Aboriginal cultural heritage, forestry research and forest conservation,

(d)  environmental management works (such as weed and pest control),

(e)  facilities and works associated with forestry (such as landscaping, recycled water and biosolids reuse schemes, maintenance depots and bushfire lookouts),

(f)  outdoor recreational facilities and related amenities for visitors to forests (such as viewing platforms, toilet facilities and garbage collection areas),

(g)  construction and maintenance of roads, tracks and fire trails to enable or assist anything mentioned in paragraphs (a)–(f).

Division 9 Gas transmission or distribution

Subdivision 1 Gas pipelines

53 Development permitted without consent

(1)  Development for the purpose of a gas pipeline may be carried out by any person without consent on any land if the pipeline is subject to a licence under the Pipelines Act 1967 or a licence or authorisation under the Gas Supply Act 1996.

(2)  Development for the purpose of a gas pipeline may be carried out by or on behalf of a public authority without consent on any land.

(3)  However, subclauses (1) and (2) apply with respect to land in Zone E1 National Parks and Nature Reserves or an equivalent land use zone only if the development:

(a)  is authorised by or under the National Parks and Wildlife Act 1974, or

(b)  is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or

(c)  is carried out on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

(4)  In this clause, a reference to development for the purpose of a gas pipeline includes a reference to development for any of the following purposes if the development is in connection with a gas pipeline:

(a)  construction works,

(b)  emergency works or routine maintenance works.

54 Exempt development

(1)  Development for any of the following purposes is exempt development if the development is in connection with a pipeline that is the subject of a licence or authorisation under the Gas Supply Act 1996 and complies with clause 20 (2) (Exempt development):

(a)  installation, maintenance, repair or replacement of:

(i)  gas metering at gas customers’ premises, or

(ii)  gas customer service lines connecting customers’ premises to a gas distribution network,

(b)  maintenance or emergency works or routine maintenance to protect the pipeline, the environment or the public, if the works involve no greater soil or vegetation disturbance than necessary.

(2)  Development for any of the following purposes is exempt development if the development is in connection with a gas pipeline that is the subject of a licence under the Pipelines Act 1967 and complies with clause 20 (2) (Exempt development):

(a)  maintenance or emergency works to protect the pipeline, the environment or the public, if the works involve no greater soil or vegetation disturbance than necessary,

(b)  installation, maintenance, repair, realignment or replacement of security fencing with a height of not more than 3.2m above ground level (existing),

(c)  installation, maintenance, repair or replacement of:

(i)  pipeline markers, if they involve no greater soil or vegetation disturbance than necessary, or

(ii)  temporary fencing around work sites or open excavations, or,

(iii)  temporary structures associated with site compounds for construction or maintenance projects (such as demountable buildings) but only if any temporary building is not more than one storey high, or

(iv)  cathodic protection systems, or

(v)  controls over access to gas control facilities or to associated roads and facilities,

(d)  maintenance or repair of:

(i)  existing access tracks or gates along pipeline corridors, if the maintenance or repair involves no greater soil or vegetation disturbance than necessary, or

(ii)  gas control facilities (including painting, servicing or replacement of existing equipment and repairs or minor alterations to enclosures or buildings),

(e)  excavations to expose pipelines for inspection or testing, and the creation of temporary stockpiles associated with pipeline maintenance or repair, if:

(i)  measures to control stockpile erosion or movement of sediment from the stockpiles are in place, and

(ii)  there is no greater soil or vegetation disturbance than necessary.

Subdivision 2 Development in gas pipeline corridors

55 Development adjacent to corridor

(1)  Before determining an application (or any application for modification of a consent) for development adjacent to a gas pipeline corridor, the consent authority must:

(a)  be satisfied that the potential safety risks or risks to the integrity of the pipeline that are associated with the development or modification to which the application relates have been identified, and

(b)  take those risks into consideration.

(2)  In this clause, gas pipeline corridor means any land:

(a)  within the licence area of a gas pipeline licensed under the Pipelines Act 1967, or

(b)  within 20m (measured radially) of the centreline of any of the following gas pipelines:

(i)  Central West Pipeline System and Central Ranges Pipeline System,

(ii)  Eastern Gas Pipeline,

(iii)  Moomba to Sydney Pipeline System,

(iv)  Wilton to Newcastle Pipeline,

(v)  Wilton to Wollongong Pipeline,

(vi)  Culcairn to Victoria Interconnect Pipeline,

(vii)  Hoskinstown to Australian Capital Territory Pipeline.

Division 10 Health services facilities

56 Definitions

In this Division:

health services facility means a facility used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes the following:

(a)  day surgeries and medical centres,

(b)  community health service facilities,

(c)  health consulting rooms,

(d)  facilities for the transport of patients, including helipads and ambulance facilities,

(e)  hospitals.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU4 Rural Small Holdings,

(b)  RU5 Village,

(c)  RU6 Transition,

(d)  R1 General Residential,

(e)  R3 Medium Density Residential,

(f)  R4 High Density Residential,

(g)  R5 Large Lot Residential,

(h)  B2 Local Centre,

(i)  B3 Commercial Core,

(j)  B4 Mixed Use,

(k)  B5 Business Development,

(l)  B6 Enterprise Corridor,

(m)  B7 Business Park,

(n)  SP1 Special Activities,

(o)  SP2 Infrastructure.

57 Development permitted with consent

(1)  Development for the purpose of health services facilities may be carried out by any person with consent on land in a prescribed zone.

(2)  Development for any of the following purposes may be carried out by or on behalf of a public authority with consent on State land that is in a land use zone identified by another environmental planning instrument as a “special use” zone for a health services facility:

(a)  biotechnology research or development industries,

(b)  business premises or retail facilities to cater for patients, staff or visitors,

(c)  multi dwelling housing.

(3)  Consent must not be granted for development of a kind referred to in subclause (2) unless the consent authority is satisfied that the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses.

(4)  Nothing in this clause:

(a)  prevents a consent authority from:

(i)  granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or

(ii)  refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or

(b)  otherwise limits the matters to which a consent authority may have regard in determining a development application for development of a kind referred to in subclause (2).

58 Development permitted without consent

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land in a prescribed zone:

(a)  minor alterations of, or additions to an existing hospital, including internal fitouts or provision of access for persons with a disability,

(b)  restoration or replacement of accommodation, administration or other facilities within an existing hospital,

(c)  demolition of buildings if the development is in connection with a health services facility.

(2)  Development of a kind referred to in subclause (1) may only be carried out without consent under that subclause if the development will not allow for an increase in:

(a)  the number of patients accommodated at the facility, or

(b)  the number of staff employed at the facility,

that is greater than 10 per cent (compared with the average of each of those numbers for the 12 month period immediately prior to the commencement of the development).

Division 11

58A–63F  (Repealed)

pt 3, div 11, hdg: Am 2009 (61), Sch 1 [10]. Rep 2009 (364), Sch 3.6 [1].

pt 3, div 11: Rep 2009 (364), Sch 3.6 [1].

pt 3, div 11, sdiv 1 (cl 58A): Ins 2009 (61), Sch 1 [11]. Rep 2009 (364), Sch 3.6 [1].

pt 3, div 11, sdiv 1 (cl 58A): Ins 2009 (61), Sch 1 [11]. Rep 2009 (364), Sch 3.6 [1].

pt 3, div 11, sdiv 2, hdg: Ins 2009 (61), Sch 1 [11]. Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

pt 3, div 11, sdiv 2: Ins 2009 (61), Sch 1 [11]. Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

cl 59: Am 2009 (61), Sch 1 [12] [13]. Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

cll 60: Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

cll 61: Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

cl 62: Rep 2009 (61), Sch 1 [14]. Ins 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

cl 62A: Ins 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

cl 63: Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1].

pt 3, div 11, sdivs 3, 4 (cll 63A–63F): Ins 2009 (61), Sch 1 [15]. Rep 2009 (364), Sch 3.6 [1].

Division 12 Parks and other public reserves

64 Definition

In this Division:

public reserve has the same meaning as it has in the Local Government Act 1993, but does not include a Crown reserve that is dedicated or reserved for a public cemetery.

65 Development permitted without consent

(1)  Development for any purpose may be carried out without consent:

(a)  on land reserved under the National Parks and Wildlife Act 1974, if the development is in the exercise of a function under that Act, or

(b)  on land declared under the Marine Parks Act 1997 to be a marine park if the development is in the exercise of a function under that Act, or

(c)  on land declared under the Fisheries Management Act 1994 to be an aquatic reserve if the development is in the exercise of a function under that Act.

(2)  Development for any purpose may be carried out without consent:

(a)  on Trust lands within the meaning of the Centennial Park and Moore Park Trust Act 1983, by or on behalf of the Centennial Park and Moore Park Trust, or

(b)  on trust lands within the meaning of the Parramatta Park Trust Act 2001, by or on behalf of the Parramatta Park Trust, or

(c)    (Repealed)

(d)  in the case of land that is a reserve within the meaning of Part 5 of the Crown Lands Act 1989, by or on behalf of the Director-General of the Department of Lands, a trustee of the reserve or (if appointed under that Act to manage the reserve) the Ministerial Corporation constituted under that Act or an administrator,

if the development is for the purposes of implementing a plan of management adopted for the land under the Act referred to above in relation to the land.

(3)  Development for any of the following purposes may be carried out by or on behalf of a council without consent on a public reserve under the control of or vested in the council:

(a)  roads, cycleways, single storey car parks, ticketing facilities and viewing platforms,

(b)  outdoor recreational facilities, including playing fields, but not including grandstands,

(c)  information facilities such as visitors’ centres and information boards,

(d)  lighting, if light spill and artificial sky glow is minimised in accordance with AS/NZS 1158: 2007, Lighting for Roads and Public Spaces,

(e)  landscaping, including irrigation schemes (whether they use recycled or other water),

(f)  amenity facilities,

(g)  maintenance depots,

(h)  environmental management works.

cl 65: Am 2009 (91), Sch 3.13.

66 Exempt development

(1)  Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority in connection with a public reserve or on land referred to in clause 65 (1), and if it complies with clause 20 (2) (Exempt development):

(a)  construction, maintenance and repair of:

(i)  walking tracks, boardwalks and raised walking paths, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures,

(ii)  viewing platforms with an area not exceeding 100m², or

(iii)  sporting facilities, including goal posts, sight screens and fences, if the visual impact of the development on surrounding land uses is minimal, or

(iv)  play equipment where adequate safety provisions (including soft landing surfaces) are provided, but only if any structure is at least 1.2m away from any fence,

(b)  routine maintenance (including earthworks associated with playing field regrading or landscaping and maintenance of existing access roads).

(2)  Development of a kind referred to in subclause (1) is exempt development if it is carried out on land referred to in clause 65 (2) by or on behalf of the person specified in respect of that land in that subclause, if the development:

(a)  complies with clause 20 (2) (Exempt development), and

(b)  involves no greater disturbance of native vegetation than necessary, and

(c)  does not result in an increase in stormwater run-off or erosion, and

(d)  for the purposes of implementing a plan of management adopted for the land under the Act referred to in clause 65 (2) in relation to the land.

Division 13 Port, wharf or boating facilities

67 Definitions

In this Division:

facilities includes:

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, and

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities, and

(c)  wharves for commercial fishing operations, and

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, and

(e)  sea walls or training walls, and

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

freight includes livestock, containers, liquids, materials, plant and equipment, vehicles and vessels.

navigation and emergency response facilities means facilities for:

(a)  water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, lighthouses, buoys, marine markers, pilot stations, breakwaters or training walls), and

(b)  emergency response, including rescue stations and emergency communication facilities.

Port Botany area means the area shown in Figure 2 of City of Botany Bay Development Control Plan for Exempt and Complying Development (as adopted by the Council of the City of Botany in March 2005).

Port Botany guidelines means the Exempt and Complying Development Guidelines for Port Botany (Sydney Ports Corporation, December 2005).

Port Corporation means a Port Corporation established under the Ports and Maritime Administration Act 1995.

port facilities means facilities at, or on land in the vicinity of, a designated port (within the meaning of section 47 of the Ports and Maritime Administration Act 1995) used in connection with the carrying of freight and persons by water from one port to another for business or commercial purposes.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  B4 Mixed Use,

(b)  IN1 General Industrial,

(c)  IN3 Heavy Industrial,

(d)  IN4 Working Waterfront,

(e)  SP1 Special Activities,

(f)  SP2 Infrastructure,

(g)  SP3 Tourist,

(h)  RE1 Public Recreation,

(i)  W2 Recreational Waterways,

(j)  W3 Working Waterways,

and includes any waterbody that is unzoned under any environmental planning instrument.

public ferry wharf means a wharf or any associated facilities used for the purposes of public passenger services provided by ferries.

wharf or boating facilities means a wharf, or facilities associated with a wharf or boating, that are not port facilities.

68 Development permitted without consent

(1)  Development for the purpose of port facilities may be carried out:

(a)  by or on behalf of a Port Corporation or the Maritime Authority of NSW without consent on land in a prescribed zone or on any other land, providing the development is directly related to an existing port facility, and

(b)  by or on behalf of any other public authority without consent on land in a prescribed zone.

(2)  Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land or on unzoned land:

(a)  navigation and emergency response facilities,

(b)  environmental management works associated with a port, wharf or boating facility.

(3)  Subdivision of land in the area of a port managed by a Port Corporation, being subdivision that is required to facilitate operations at the port, may be carried out by a Port Corporation without consent.

(4)  Development for the purpose of wharf or boating facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act.

(4A)  Development for the purposes of associated public transport facilities for a public ferry wharf may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act.

(5)  In this clause, a reference to development for the purpose of port facilities, navigation facilities, wharf or boating facilities or associated public transport facilities for a public ferry wharf includes a reference to the operation of such a facility and to development for any of the following purposes if the development is in connection with such facilities:

(a)  construction works (including dredging and land reclamation, if it is required for the construction of facilities),

(b)  routine maintenance works (including dredging, or bed profile levelling, of existing navigation channels if it is for safety reasons or in connection with existing facilities),

(c)  environmental management works,

(d)  alteration, demolition or relocation of a local heritage item,

(e)  alteration or relocation of a State heritage item.

cl 68: Am 2009 (434), Sch 1 [3] [4].

69 Development permitted with consent

(1)  Development on land within a port facility or within a public ferry wharf, being development:

(a)  for the purposes of the erection, reconstruction, alteration or use of a structure associated with retail premises, business premises or industrial premises that are not directly related to the operation of the port, and

(b)  that is not development of a kind referred to in clause 68,

may be carried out by any person with consent on land in a prescribed zone or on unzoned land.

(2)  Subdivision of any land in the area of a port managed by a Port Corporation (other than subdivision referred to in clause 68) may be carried out by any person with consent.

(3)  Development for the purpose of dredging (other than dredging referred to in clause 68) may be carried out by any person with consent on any land.

70 Exempt development

Development for any of the following purposes is exempt development if it is lawfully carried out on land at a port facility at a designated port managed by a Port Corporation or the Maritime Authority of NSW and complies with clause 20 (2) (Exempt development):

(a)  awnings or canopies,

(b)  adjustment of boundaries between lots or consolidation of lots, if it will not result in:

(i)  a change in the area of any lot by more than 10 per cent, or

(ii)  the creation of an additional lot or of a legal right to erect a building on a lot, or

(iii)  a reduction in vehicular access to any lot, in loading and unloading areas on any lot or in areas used for car parks, or

(iv)  a breach of any requirements under an environmental planning instrument relating to a minimum area of open space or of landscaping, or

(v)  a lot that depends on the use of the services provided to, or utilities of, another lot,

(c)  building alterations, including:

(i)  non-structural alterations to the exteriors of buildings (such as painting, plastering, cement rendering, cladding, attaching fittings and decorative work), and

(ii)  interior alterations to buildings that do not affect the load bearing capacity of any load bearing component of a building, and

(iii)  any work involving the removal of asbestos, asbestos cement or lead paint, if the removal complies with the WorkCover Authority’s Your guide to working with asbestos: Safety guidelines and requirements for work involving asbestos (March 2003),

(d)  demolition of any shed, kiosk, garage, roof structure, ceiling, partition, stairs, ducts, internal walls, fencing, flagpole or advertising structure, or of any building the erection of which is exempt development under this Policy, if:

(i)  it is not a State or local heritage item or part of such an item or in a heritage conservation area, and

(ii)  in the case of a shed, kiosk or garage, it has a gross floor area not exceeding 500m², and

(iii)  the demolition is carried out in accordance with AS 2601—2001, Demolition of structures,

(e)  emergency services equipment (including replacement or augmentation of fire systems, pumphouses, fire water tanks and other essential fire safety facilities),

(f)  a flagpole that:

(i)  has a height above ground level (existing) of not more than 30m, and

(ii)  is not located within 20m of any boundary of a property that is used for residential purposes, and

(iii)  does not display any commercial advertisements for or about any party other than the occupier of the Port Corporation or a lessor of the site from the Port Corporation,

(g)  hail netting that:

(i)  has a height above ground level (existing) of not more than 12m, and

(ii)  is dark in colour,

(h)  landscaping, paving or a car park that:

(i)  is ancillary or incidental to a lawful use of the land on which it is carried out or located, and

(ii)  is designed so that any surface water run-off is directed to the stormwater management system, and

(iii)  in the case of landscaping on land in the Port Botany area, complies with the Port Botany guidelines,

(i)  marking out of internal private roads that are not connected to a public road,

(j)  structures for external lighting with a height above ground level (existing) of not more than 35m,

(k)  pedestrian ramps, pathways and non-mechanical stairways,

(l)  pollution control facilities, occupational health and safety measures and environmental management works (including such facilities and works associated with liquid petroleum gas storage containers or fuel storage tanks) that satisfy any applicable pollution control provisions and guidelines and are not inconsistent with, or in contravention of, an existing development consent or undertaken for the purpose of remediating contaminated land,

(m)  retaining walls (not including sea walls) that:

(i)  provide for the retaining of fill to a height above ground level (existing) of not more than 2m and excavation to a depth below ground level (existing) of not more than 1m, and

(ii)  are constructed so as to not impede the natural flow of stormwater or surface water run-off,

(n)  scaffolding that:

(i)  complies with AS/NZS 1576.1:1995, Scaffolding—General Requirements, and

(ii)  is removed as soon as is practicable without compromising public health or safety,

(o)  security fencing or security boom gate (whether or not installed along a road frontage) that has a height (in the case of a security fence) of not more than 3.5m,

(p)  security cameras,

(q)  directional or safety signs that:

(i)  comply with AS 1319—1994, Safety signs for the occupational environment and AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and

(ii)  in the case of signs on land in the Port Botany area, comply with the Port Botany guidelines,

(r)  public notices that:

(i)  are displayed by a public authority, and

(ii)  contain only warning, safety, security or instructive information (whether or not conveyed by a graphic), and

(iii)  in the case of notices on land in the Port Botany area, comply with the Port Botany guidelines,

(s)  business identification signs that:

(i)  are flush to or painted on a wall, and

(ii)  have an area of not more than 25m², and

(iii)  are not more than 10m wide or long, and

(iv)  if flush to a wall, do not project more than 0.3m out from the wall and do not extend vertically above or laterally beyond the wall, and

(v)  are not illuminated, and

(vi)  relate to the business carried out on the land,

(t)  a change in the display on an existing sign that does not involve a change in the area, form or shape of the sign,

(u)  a temporary structure if:

(i)  the structure is used for a period totalling not more than 12 months, and

(ii)  any car parks and directional or safety signage associated with the use of the structure is located on the same site as the structure, and

(iii)  any waste associated with use of the structure is disposed of lawfully,

(v)  utilities and service facilities that have a height of not more than 3m above ground level (existing), including pipelines (but not including pipelines for fuel or hazardous materials or pipelines that are the subject of a licence under the Pipelines Act 1967 or above ground or overhead power facilities).

cl 70: Am 2008 No 62, Sch 2.53 [1].

71 Complying development

(1)  Subject to subclause (2), development for any of the following purposes is complying development if it is lawfully carried out on land in the area of a port managed by a Port Corporation:

(a)  addition to or alteration of a building (being office premises or a shed, garage or kiosk) that does not result in:

(i)  the gross floor area of the building being the lesser of 25 per cent or 500m² greater than it was immediately before the commencement of this Policy, or

(ii)  the building having a height (including the addition or alteration) of more than 12m above ground level (existing),

(b)  a new canteen, kiosk or amenity facility:

(i)  that has a gross floor area of not more than 500m², and

(ii)  that has a height of not more than 12m above ground level (existing), and

(iii)  in which all food preparation areas comply with the National Code for the Construction and Fitout of Food Premises (Australian Institute of Environmental Health, 1993),

(c)  demolition, carried out in accordance with AS 2601—2001Demolition of structures, of sheds, garages or kiosks (with a gross floor area of not more than 2,000m², in each case), roof structures, ceilings, stairs, ducts, internal walls, fencing or flagpoles, or of any building the erection of which is exempt or complying development under this Policy,

(d)  fences or gates (including security boom gates) that:

(i)  have a height (when closed, in the case of boom gates) of not more than 5m above ground level (existing), and

(ii)  in the case of fences or gates on land in the Port Botany area, comply with the Port Botany guidelines,

(e)  buildings (including switch rooms or security booths) or sheds that:

(i)  have a floor space area of not more than 500m², and

(ii)  are one storey high and have a height above ground level (existing) of not more than 10m, and

(iii)  are not within 10m of any boundary,

(f)  retaining walls (other than seawalls) that:

(i)  have a height of not more than 3m above ground level (existing), and

(ii)  if they have a height of more than 1m, are certified by a structural engineer as having a satisfactory design and structure and as having been constructed in accordance with the specifications of that design, and

(iii)  comply with:

(A)  AS 3700 Supp 1—2004, Masonry structures—Commentary (Supplement to AS 3700—2001), and

(B)  AS/NZS 1170.1 Supp1:2002, Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002), and

(C)  if the structure is made of timber, AS 1720:1—1997/Amdt 1—1998, Timber structures (known as the SAA Timber Structures Code)—Design methods,

(g)  removal of existing cranes, replacement of existing cranes with smaller cranes or with cranes of the same capacity, or installation of crane rails for an existing crane, if:

(i)  the development is not inconsistent with or in contravention of an existing consent, and

(ii)  in the case of the replacement of cranes or installation of crane rails, the new cranes or crane rails are certified by a structural engineer as having a satisfactory design and as having been erected or installed in accordance with the specifications of that design,

(h)  liquid petroleum gas storage containers:

(i)  together have a capacity to store, at any one time, a total of not more than 3 tonnes of gas for each business, and

(ii)  comply with all relevant requirements of the Australian Dangerous Goods Code prepared by the National Transport Commission, as in force on the commencement of this Policy,

(i)  fuel storage tanks that:

(i)  together have a capacity to store, at any one time, a total of not more than 50,000 litres of fuel for each business, and

(ii)  comply with all relevant requirements of the Australian Dangerous Goods Code prepared by the National Transport Commission, as in force on the commencement of this Policy,

(j)  fire water tanks that together have a capacity to store, at any one time, a total of not more than 1,500 tonnes of water for each business,

(k)  rainwater, grey water or bilge water tanks that together have a capacity to store a total of not more than 20,000 tonnes of water for each business,

(l)  new or replacement paving, if the area being paved is not more than 5,000m² and the development is not inconsistent with or in contravention of an existing consent,

(m)  satellite dishes or telecommunications facilities, if:

(i)  the development will result in there being not more than one dish or one facility on the site at any one time, and

(ii)  the dish or facility is made of non-reflective materials, has a height of not more than 12m above ground level (existing) and a diameter of not more than 3m,

(2)  To be complying development, development referred to in subclause (1) must:

(a)  be permissible, with consent, in the zone in which it is carried out, and

(b)  meet relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  if the development is undertaken on unsewered land, be the subject of an approval, if required by the Local Government Act 1993, from the relevant council for an on-site effluent disposal system, and

(d)  not be carried out within 1m of any public sewer main except with the written approval of the authority that has management or control of the main.

Note—

Section 76A (6) of the Act also provides that certain development cannot be complying development.

(3)  Subclause (2) (c) does not apply if the development is carried by a public authority.

72 Complying development certificate conditions

A complying development certificate for development referred to in clause 71 is subject to the following conditions:

(a)  any construction or demolition work must be carried out only between 7.00 am and 6.00 pm Monday to Friday and 7.00 am and 5.00 pm on Saturdays,

(b)  construction or demolition work must not be carried out on a Sunday or a public holiday,

(c)  at the following stages, the principal certifying authority must be given the following survey certificates prepared by a registered land surveyor:

(i)  before any form work below the ground floor slab is completed or (if there is no such form work) before the concrete is poured for the ground floor slab—a survey certificate showing the location of the structure relative to the boundaries,

(ii)  at the completion of the lowest floor—a survey certificate confirming that levels are in accordance with the certificate (with the levels relating to data on the certificate),

(d)  before a building is occupied, a certificate of compliance, if required, must be obtained from the local water supply and sewer authority,

(e)  any public land or public place must be protected from any obstruction, inconvenience or damage that might otherwise be caused by the development,

(f)  to prevent soil erosion, water pollution or the discharge of loose sediment onto surrounding land, run-off and erosion controls must be implemented before construction,

(g)  to control dust emissions from the site, suitable screens or barricades must be erected prior to any demolition, excavation or building work,

(h)  if lead dust, asbestos or other contaminants are present on the site, appropriate measures to minimise associated hazards must be implemented,

(i)  following removal of any friable asbestos from the site, a certificate from a suitably qualified person must be provided to the principal certifying authority certifying that no such asbestos remains on site and a copy of the certificate must be forwarded to the relevant Port Corporation, the Department of Planning and the council before any other work begins.

73 Development for purpose of Port Kembla Coal Terminal

(1)  This clause applies to development for the purpose of the Port Kembla Coal Terminal (the terminal), being development for the purposes of the construction and operation of a coal loader and associated facilities as set out in the Environmental Impact Statement (Report No PWD 78011) (except in so far as that Statement is inconsistent with the provisions of this clause), and as amended by the location of the stockpiles 25m further south.

Note—

Copies of the environmental impact statement are available for inspection in the office of the Wollongong City Council and the head office of the Department of Planning.

(2)  Development to which this clause applies may be carried out without consent if it is carried out in accordance with conditions (1) and (4)–(16) of the development consent granted by Wollongong City Council on 25 June 1979 in response to development application numbered D79/44 and the requirements of this clause.

Note—

Copies of the consent are available for inspection in the office of the Wollongong City Council and the head office of the Department of Planning.

(3)  Coal or coke hauled to the terminal must be hauled there by rail, except as provided by subclause (4).

(4)  Coal or coke may be hauled to the terminal by road if it is delivered to the terminal:

(a)  between 7.00 am and 6.00 pm on a day other than a Sunday or a public holiday, if it is being delivered from any of the Appin, Avondale, Cordeaux, Dendrobium, Glenlee, Gujarat NRE No 1 (formerly South Bulli) or West Cliff collieries, or

(b)  from any colliery other than a colliery specified in paragraph (a), if it is delivered to the terminal during a period of rail transport disruption of which the manager of the terminal has been notified by the chief executive of Rail Corporation New South Wales and haulage by road is necessary for the colliery to meet shipping requirements during that period, or

(c)  at any time other than a time specified in paragraph (a), if:

(i)  it is to be loaded directly onto a waiting vessel, or

(ii)  it is being hauled from the steelworks adjacent to the terminal via Tom Thumb Road, or

(iii)  the Director-General considers that there is an emergency and authorises the haulage in writing, or

(d)  in accordance with an authorisation of the Director-General authorising haulage for a period of not more than three months, or

(e)  in accordance with an approval under Part 3A of the Act.

(5)  A copy of any authorisation by the Director-General under this clause is to be made available to the public free of charge on the website of the Department of Planning.

Division 14 Public administration buildings and buildings of the Crown

74 Definitions

In this Division:

infrastructure facility means development that is the subject of development controls under another Division of this Part.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  B3 Commercial Core,

(b)  B4 Mixed Use,

(c)  B5 Business Development,

(d)  B6 Enterprise Corridor,

(e)  B7 Business Park,

(f)  SP1 Special Activities,

(g)  SP2 Infrastructure.

public administration building has the same meaning as it has in the Standard Instrument.

Note—

The Standard Instrument defines public administration building as follows:

public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.

75 Existing buildings of the Crown

This Policy does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

76 Development permitted with consent

(1)  Development for the purpose of public administration buildings may be carried out by or on behalf of a public authority with consent on land in a prescribed zone.

(2)  Development for the purpose of public administration buildings that are ancillary to and located on the same land as another infrastructure facility may be carried out by or on behalf of a public authority with consent if:

(a)  the development application for the public administration building is determined at the same time as the development application for the infrastructure facility, and development for the public administration building is to be carried out at the same time as development for the infrastructure facility, or

(b)  development for the purposes of the public administration building is to be carried out on land on which an existing infrastructure facility is located.

77 Development permitted without consent

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without consent:

(a)  minor alterations of or additions to a public administration building such as internal fitouts, provision of access for persons with a disability, or for safety or security purposes,

(b)  restoration of a damaged public administration building,

(c)  demolition of a public administration building.

(2)  Development for the purpose of a public administration building that is ancillary to and located on the same land as an infrastructure facility may be carried out by or on behalf of a public authority without consent if:

(a)  development for the purpose of the infrastructure facility may be carried out without consent on that land, and

(b)  the approval of the activity (within the meaning of Part 5 of the Act) includes an approval for the public administration building, and development for the public administration building is to be carried out at the same time as development for the infrastructure facility.

Division 15 Railways

Subdivision 1 Rail infrastructure facilities

78 Definitions

In this Division:

ARTC means Australian Rail Track Corporation Ltd (ACN 081 455 754).

ARTC arrangement means a lease, licence agreement or other arrangement under Part 8A of the Transport Administration Act 1988.

freight includes livestock, containers, liquids, materials, plant and equipment, vehicles and vessels.

Interim Metro Corridor means land shown on a rail corridors map as:

(a)  CBD Metro (Zone A—Above Ground Including Cut & Cover Tunnel), or

(b)  CBD Metro (Zone B—Tunnel), or

(c)  CBD Metro Station Extent.

interim rail corridor means the Interim Metro Corridor or the Interim Rail Link Corridor.

Interim Rail Link Corridor means land shown on a rail corridors map as:

(a)  CBD Rail Link (Zone B—Tunnel), or

(b)  South West Rail Link (Zone A—Above Ground Including Cut & Cover Tunnel), or

(c)  South West Rail Link (Zone B—Tunnel).

major development has the same meaning it has in Part 4 of the City of Sydney Act 1988.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  IN1 General Industrial,

(b)  IN2 Light Industrial,

(c)  IN3 Heavy Industrial,

(d)  SP1 Special Activities,

(e)  SP2 Infrastructure.

rail authority for an interim rail corridor means:

(a)  in relation to the Interim Metro Corridor—Sydney Metro, and

(b)  in relation to the Interim Rail Link Corridor—RailCorp.

rail authority for the rail corridor means:

(a)  in relation to a rail corridor that is owned by ARTC or is the subject of an ARTC arrangement—ARTC, and

(a1)  in relation to a rail corridor that is owned, leased, managed or controlled by Sydney Metro—Sydney Metro, and

(b)  in relation to any other rail corridor—RailCorp.

rail corridor means land:

(a)  that is owned, leased, managed or controlled by a public authority for the purpose of a railway or rail infrastructure facilities, or

(b)  that is zoned under an environmental planning instrument predominantly or solely for development for the purpose of a railway or rail infrastructure facilities, or

(c)  in respect of which the Minister has granted approval under Part 3A or (before its repeal) Division 4 of Part 5 of the Act for the carrying out of development (or for a concept plan for a project comprising or including development) for the purpose of a railway or rail infrastructure facilities.

Note—

Copies of the Minister’s approvals are available on the website of the Department of Planning.

rail corridors map means the maps marked as follows and held in the head office of the Department of Planning:

(a)  State Environmental Planning Policy (Infrastructure) 2007—Interim Rail Corridor—CBD Rail Link & CBD Metro,

(b)  State Environmental Planning Policy (Infrastructure) 2007—Interim Rail Corridor—South West Rail Link.

rail infrastructure facilities include:

(a)  railway tracks, associated track structures, cuttings, drainage systems, fences, tunnels, ventilation shafts, emergency accessways, bridges, embankments, level crossings and roads, pedestrian and cycleway facilities, and

(b)  signalling, train control, communication and security systems, and

(c)  power supply (including overhead power supply) systems, and

(d)  railway stations, station platforms and areas in a station complex that commuters use to get access to the platforms, and

(e)  public amenities for commuters, and

(f)  associated public transport facilities for railway stations, and

(g)  maintenance, repair and stabling facilities for rolling stock, and

(h)  refuelling depots, garages, maintenance facilities and storage facilities that are for the purposes of a railway, and

(i)  railway workers’ facilities, and

(j)  rail freight terminals, sidings and freight intermodal facilities,

but do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes.

RailCorp means Rail Corporation New South Wales constituted under the Transport Administration Act 1988.

Sydney Metro means Sydney Metro constituted under the Transport Administration Act 1988.

cl 78: Am 2009 (61), Sch 1 [16] [17]; 2009 (434), Sch 1 [5].

79 Development permitted without consent—rail infrastructure facilities generally

(1)  Development for the purpose of a railway or rail infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development:

(a)  is authorised by or under that Act, or

(b)  is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or

(c)  is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

(2)  In this clause, a reference to development for the purpose of a railway or rail infrastructure facilities includes a reference to operation of a railway and to development for any of the following purposes if the development is in connection with a railway or rail infrastructure facilities:

(a)  construction works (whether or not in a heritage conservation area), including:

(i)  temporary crushing plants or concrete batching plants, if they are used solely in connection with railway construction and in or adjacent to a rail corridor, and

(ii)  track support earthworks, and

(iii)  alteration, demolition or relocation of a local heritage item, and

(iv)  alteration or relocation of a State heritage item, and

(v)  temporary buildings, or facilities for the management of railway construction, that are in or adjacent to a rail corridor,

(b)  emergency works, or routine maintenance works, carried out in the rail corridor of an existing railway or on land that is adjacent to such a corridor (including on land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies but, if they are on such land, only if any adverse effect on the land is restricted to the minimum possible to allow the works to be carried out),

(c)  maintenance or repair of an existing rail infrastructure facility,

(d)  environmental management works.

80 Development permitted without consent—particular rail infrastructure facilities

Development for the purpose of any of the following railways or railway projects as described in Schedule 2 may be carried out by or on behalf of a public authority without consent on any land:

(a)  the Sydney Airport Rail Link,

(b)  the Parramatta Rail Link,

(c)  the Southern Sydney Freight Line,

(d)  the Rail Clearways Program.

81 Development permitted with consent

Development for any of the following purposes, being development that is not development of a kind referred to in clause 79, may be carried out by any person with consent on land in a prescribed zone:

(a)  rail freight terminals, rail freight sidings or rail freight intermodal facilities,

(b)  residential, retail or business premises in a rail corridor if the development is wholly or partly above a railway station,

(c)  retail or business premises in a railway station complex, including areas in the complex that commuters use to gain access to station platforms,

(d)  car parks that are intended to be used by commuters but that are not owned, leased, managed or controlled by a public authority,

(e)  bus interchanges that are integrated or associated with railway stations but that are not owned, leased, managed or controlled by a public authority.

82 Exempt development

Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority, is in connection with a railway or rail infrastructure facilities and complies with clause 20 (2) (Exempt development), involves no greater disturbance to the ground or vegetation than necessary, and does not result in an increase in stormwater drainage or run-off from the site concerned:

(a)  investigation (including geotechnical and other testing, surveying and sampling) at, above or below the surface of the ground,

(b)  routine maintenance (including removal of graffiti or debris, repair or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment and replacement of screening of overhead bridges),

(c)  emergency works to protect railway infrastructure facilities, the environment or the public,

(d)  maintenance, repair or replacement of identification, directional or safety signs that does not involve a change in their location or size,

(e)  maintenance of existing access roads,

(f)  slope stability works that are required for safety reasons,

(g)  erection and maintenance of safety barriers,

(h)  construction, maintenance or realignment of security fencing with a height of not more than 3.2m above ground level (existing),

(i)  reconstruction, maintenance or repair of culverts or drains that is required because of flood damage or high stormwater flows,

(j)  upgrading or maintenance of landscaping, or vegetation management, that:

(i)  does not involve construction works, and

(ii)  involves the replacement (if any) of existing materials with similar materials only,

(k)  installation, maintenance or replacement of temporary structures or signs, being structures or signs associated with alternative transport arrangements necessitated by rail track work or railway maintenance and that are removed as soon as practicable.

83 Light rail

This Division does not apply to or in respect of light rail systems or light rail services (within the meaning of the Transport Administration Act 1988).

Note—

Section 104P of the Transport Administration Act 1988 provides that development for the purposes of a light rail system:

(a)  is an activity within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979, and

(b)  may be carried out without the need for development consent under Part 4 of that Act.

Subdivision 2 Development in rail corridors

Note—

This Subdivision contains provisions requiring the notification of certain development to ARTC, Sydney Metro or RailCorp. See also clause 45.

pt 3, div 15, sdiv 2, note: Subst 2009 (61), Sch 1 [18].

84 Development involving access via level crossings

(1)  This clause applies to development that involves:

(a)  a new level crossing, or

(b)  the conversion into a public road of a private access road across a level crossing, or

(c)  a likely significant increase in the total number of vehicles or the number of trucks using a level crossing that is in the vicinity of the development.

(2)  Before determining a development application for development to which this clause applies, the consent authority must:

(a)  within 7 days after the application is made, give written notice of the application to the chief executive officer of the rail authority for the rail corridor, and

(b)  take into consideration:

(i)  any response to the notice that is received within 21 days after the notice is given, and

(ii)  the implications of the development for traffic safety including the costs of ensuring an appropriate level of safety, having regard to existing traffic characteristics and any likely change in traffic at level crossings as a result of the development, and

(iii)  the feasibility of access for the development that does not involve use of level crossings.

(3)  Subject to subclause (5), the consent authority must not grant consent to development to which this clause applies without the concurrence of the chief executive officer of the rail authority for the rail corridor.

(4)  In determining whether to provide concurrence, the chief executive officer must take into account:

(a)  any rail safety or operational issues associated with the aspects of the development, and

(b)  the implications of the development for traffic safety including the cost of ensuring an appropriate level of safety, having regard to existing traffic and any likely change in traffic at level crossings as a result of the development.

(5)  The consent authority may grant consent to development to which this clause applies without the concurrence of the chief executive officer of the rail authority for the rail corridor if:

(a)  the consent authority has given the chief executive officer notice of the development application, and

(b)  21 days have passed since that notice was given and the chief executive officer has not granted or refused to grant concurrence.

(6)  The consent authority must provide the rail authority for the rail corridor with a copy of the determination of the application within 7 days after the determination is made.

(7)  In this clause:

level crossing means a level crossing over railway lines.

traffic includes rail, road and pedestrian traffic.

85 Development immediately adjacent to rail corridors

(1)  This clause applies to development on land that is in or immediately adjacent to a rail corridor, if the development:

(a)  is likely to have an adverse effect on rail safety, or

(b)  involves the placing of a metal finish on a structure and the rail corridor concerned is used by electric trains, or

(c)  involves the use of a crane in air space above any rail corridor.

(2)  Before determining a development application for development to which this clause applies, the consent authority must:

(a)  within 7 days after the application is made, give written notice of the application to the chief executive officer of the rail authority for the rail corridor, and

(b)  take into consideration:

(i)  any response to the notice that is received within 21 days after the notice is given, and

(ii)  any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

86 Excavation in, above or adjacent to rail corridors

(1)  This clause applies to development (other than development to which clause 88 applies) that involves the penetration of ground to a depth of at least 2m below ground level (existing) on land:

(a)  within or above a rail corridor, or

(b)  within 25m (measured horizontally) of a rail corridor. or

(c)  within 25m (measured horizontally) of the ground directly above an underground rail corridor.

(2)  Before determining a development application for development to which this clause applies, the consent authority must:

(a)  within 7 days after the application is made, give written notice of the application to the chief executive officer of the rail authority for the rail corridor, and

(b)  take into consideration:

(i)  any response to the notice that is received within 21 days after the notice is given, and

(ii)  any guidelines issued by the Director-General for the purposes of this clause and published in the Gazette.

(3)  Subject to subclause (4), the consent authority must not grant consent to development to which this clause applies without the concurrence of the chief executive officer of the rail authority for the rail corridor to which the development application relates, unless that rail authority is ARTC.

(4)  In deciding whether to provide concurrence, the chief executive officer must take into account:

(a)  the potential effects of the development (whether alone or cumulatively with other development or proposed development) on:

(i)  the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and

(ii)  the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor, and

(b)  what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects.

(5)  The consent authority may grant consent to development to which this clause applies without the concurrence of the chief executive officer of the rail authority for the rail corridor if:

(a)  the consent authority has given the chief executive officer notice of the development application, and

(b)  21 days have passed since giving the notice and the chief executive officer has not granted or refused to grant concurrence.

87 Impact of rail noise or vibration on non-rail development

(1)  This clause applies to development for any of the following purposes that is on land in or adjacent to a rail corridor and that the consent authority considers is likely to be adversely affected by rail noise or vibration:

(a)  a building for residential use,

(b)  a place of public worship,

(c)  a hospital,

(d)  an educational establishment or child care centre.

(2)  Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

(3)  If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a)  in any bedroom in the building—35 dB(A) at any time between 10.00 pm and 7.00 am,

(b)  anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

88 Development within or adjacent to interim rail corridor

(1)  This clause applies to development that is:

(a)  in the area marked “Zone A” on a rail corridors map and has a capital investment value of more than $200,000, or

(b)  in the area marked “Zone B” on a rail corridors map and:

(i)  involves the penetration of ground to a depth of at least 2m below ground level (existing), or

(ii)  has a capital investment value of more than $200,000 and involves the erection of a structure that is 10 or more metres high or an increase in the height of a structure so that it is more than 10m.

(2)  This clause also applies to development on land within 25 metres of that part of the Interim Rail Link Corridor shown on the map marked “State Environmental Planning Policy (Infrastructure) 2007—Interim Rail Corridor—South West Rail Link”, but only in relation to a development application lodged before 31 December 2010.

(3)  Before determining a development application to which this clause applies, the consent authority must give written notice of the application to the rail authority for the interim rail corridor in which the development is to be carried out (the relevant rail authority) within 7 days after the application is made.

(4)  Except as provided by subclause (6), consent must not be granted to development to which this clause applies without the concurrence of the chief executive officer of the relevant rail authority.

(5)  In determining whether to provide concurrence, the chief executive officer of the relevant rail authority is to take into account the likely effect of the development on:

(a)  the practicability and cost of carrying out rail expansion projects on the land in the future, and

(b)  without limiting paragraph (a), the structural integrity or safety of, or ability to operate, such a project, and

(c)  without limiting paragraph (a), the land acquisition costs and the costs of construction, operation or maintenance of such a project.

(6)  The consent authority may grant consent to development to which this clause applies without the concurrence of the chief executive officer of the relevant rail authority if:

(a)  the consent authority has given the chief executive officer notice of the development application, and

(b)  21 days have passed since that notice was given and the chief executive officer has not granted or refused to grant concurrence.

(7)  The consent authority must provide the relevant rail authority with a copy of the determination of the application within 7 days after the determination is made.

cl 88: Am 2009 (61), Sch 1 [19]–[22].

88A Major development within Interim Metro Corridor

(1)  This clause applies to land within the City of Sydney that is within the Interim Metro Corridor.

(2)  A consent authority must:

(a)  give written notice of an application for consent to major development on land to which this clause applies to Sydney Metro within 7 days of receiving the application, and

(b)  before determining the application, take into account any submissions made by Sydney Metro within 21 days after giving the notice.

(3)  A consent authority must not grant consent to major development on land to which this clause applies if the development would have an adverse affect on the viability of the proposed metro, including by increasing the likely cost of developing the proposed metro.

(4)  For the purposes of determining whether a proposed major development could have an adverse affect on the viability of the proposed metro, a consent authority may rely on a certificate issued by Sydney Metro that certifies whether or not there would be any such adverse affect.

(5)  The consent authority must provide Sydney Metro with a copy of the determination of the application within 7 days after the determination is made.

cll 88A–88C: Ins 2009 (61), Sch 1 [23].

88B Development near proposed metro stations

(1)  This clause applies to land shown as CBD Metro Station Extent on a rail corridors map and land that is adjacent to that land.

(2)  A consent authority must not grant consent to development on land to which this clause applies unless it has taken into consideration:

(a)  whether the proposed development will adversely affect the development and operation of a proposed metro station, including by impeding access to, or egress from, the proposed metro station, and

(b)  whether the proposed development will encourage the increased use of public transport.

cll 88A–88C: Ins 2009 (61), Sch 1 [23].

88C Development near proposed Rozelle Metro Station

(1)  This clause applies to land shown as CBD Metro Station Extent on the rail corridors map and marked “Rozelle” and land that is adjacent to that land.

(2)  A consent authority must:

(a)  give written notice of an application for consent to development on land to which this clause applies to Sydney Metro within 7 days of receiving the application, and

(b)  before determining the application, take into account any submissions made by Sydney Metro within 21 days after giving the notice.

(3)  The consent authority must provide Sydney Metro with a copy of the determination of the application within 7 days after the determination is made.

(4)  This clause applies only in respect of a development application that is lodged before 31 December 2010.

cll 88A–88C: Ins 2009 (61), Sch 1 [23].

89 Review of land within interim rail corridors

The Minister must, in consultation with the Minister for Transport, as soon as practicable after 17 February 2010 and every 2 years after that, review the interim rail corridors to determine whether any of the land included in a corridor should be excluded from the operation of this Policy on the basis that the land is no longer required for railway purposes.

cl 89: Am 2009 (61), Sch 1 [24].

Division 16 Research stations

90 Definitions

In this Division:

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  RU3 Forestry,

(d)  RU4 Rural Small Holdings,

(e)  RU5 Village,

(f)  IN4 Working Waterfront,

(g)  SP1 Special Activities,

(h)  SP2 Infrastructure,

(i)  W2 Recreational Waterways,

(j)  W3 Working Waterways.

research station means a facility operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

91 Development permitted with consent

Development for the purpose of research stations may be carried out by or on behalf of a public authority with consent on land in a prescribed zone.

92 Development permitted without consent

Development for any of the following purposes connected with an existing research station may be carried out by or on behalf of a public authority without consent on land in a prescribed zone:

(a)  maintenance or operation of the research station,

(b)  replacement of buildings,

(c)  demolition of buildings,

(d)  minor alterations of or additions to the research station,

if the development does not involve the clearing of more than 2 hectares of native vegetation.

Division 17 Roads and traffic

Subdivision 1 Road infrastructure facilities

93 Definitions

In this Division:

AS 1428.2 means AS:1428.2—1992, Design for access and mobility—Enhanced and additional requirements—Buildings and facilities.

classified road has the same meaning as it has in the Standard Instrument.

Note—

The Standard Instrument defines classified road (by reference to the Roads Act 1993) to mean any of the following:

(a)  a main road,

(b)  a highway,

(c)  a freeway,

(d)  a controlled access road,

(e)  a secondary road,

(f)  a tourist road,

(g)  a tollway,

(h)  a transitway,

(i)  a State work.

See the Roads Act 1993 for the meanings of the terms listed above.

Disability Standards means Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  B4 Mixed Use,

(b)  B6 Enterprise Corridor,

(c)  IN1 General Industrial,

(d)  IN2 Light Industrial,

(e)  IN3 Heavy Industrial,

(f)  SP1 Special Activities,

(g)  SP2 Infrastructure.

public road means:

(a)  any road that is opened or dedicated as a public road, whether under the Roads Act 1993 or any other Act or law, and

(b)  any road that is declared to be a public road for the purposes of the Roads Act 1993.

road corridor means:

(a)  land that is used for the purposes of a road or road infrastructure facilities and owned or managed by a public authority, or

(b)  any land in respect of which the Minister has granted approval under Part 3A or (before its repeal) Division 4 of Part 5 of the Act for the carrying out of development for the purpose of a road or road infrastructure facilities.

road infrastructure facilities includes:

(a)  tunnels, ventilation shafts, emergency accessways, vehicle or pedestrian bridges, causeways, road-ferries, retaining walls, toll plazas, toll booths, security systems, bus lanes, transit lanes, transitways, transitway stations, rest areas and road related areas (within the meaning of the Road Transport (General) Act 2005), and

(a1)  associated public transport facilities for roads used to convey passengers by means of regular bus services within the meaning of the Passenger Transport Act 1990, and

(a2)  bus layovers that are integrated or associated with roads (whether or not the roads are used to convey passengers by means of regular bus services within the meaning of the Passenger Transport Act 1990), and

(b)  traffic control facilities (as defined by the Transport Administration Act 1988), RTA road safety training facilities and safety works.

RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

STA means the State Transit Authority of New South Wales constituted under the Transport Administration Act 1988.

cl 93: Am 2009 (434), Sch 1 [6].

94 Development permitted without consent—general

(1)  Development for the purpose of a road or road infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development:

(a)  is authorised by or under the National Parks and Wildlife Act 1974, or

(b)  is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or

(c)  is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

(2)  In this clause and clause 96, a reference to development for the purpose of road infrastructure facilities includes a reference to development for any of the following purposes if the development is in connection with a road or road infrastructure facilities:

(a)  construction works (whether or not in a heritage conservation area), including:

(i)  temporary buildings or facilities for the management of construction, if they are in or adjacent to a road corridor, and

(ii)  creation of embankments, and

(iii)  extraction of extractive materials and stockpiling of those materials, if:

(A)  the extraction and stockpiling are ancillary to road construction, or

(B)  the materials are used solely for road construction and the extraction and stockpiling take place in or adjacent to a road corridor, and

(iv)  temporary crushing or concrete batching plants, if they are used solely for road construction and are on or adjacent to a road corridor, and

(v)  temporary roads that are used solely during road construction,

(b)  emergency works, or routine maintenance works, carried out on an existing public road or on land that is adjacent to such a road (including on land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies but, if they are on such land, only if any adverse effect on the land is restricted to the minimum possible to allow the works to be carried out),

(c)  alterations or additions to an existing road (such as widening, duplication or reconstruction of lanes, changing the alignment or strengthening of the road),

(d)  environmental management works, if the works are in or adjacent to a road corridor.

95 Development permitted without consent—particular roads or road projects

Development for the purpose of any of the following roads or road projects (as described in Schedule 2) may be carried out by or on behalf of a public authority without consent:

(a)  the Eastern Distributor,

(b)  the Cross City Tunnel,

(c)  the Lane Cove Tunnel,

(d)  the Tugun Bypass,

(e)  the Liverpool—Parramatta Transitway,

(f)  the North-West Sydney Transitway Network.

96 Development permitted with consent

(1)  Development for the purpose of a road or road infrastructure facilities (other than development referred to in clause 94 (1) or 95) may be carried out by any person with consent on land within a special area within the meaning of the Sydney Water Catchment Management Act 1998.

(2)  Development for any of the following purposes may be carried out by any person with consent on land in a prescribed zone:

(a)  transitway parking stations,

(b)  bus depots,

(c)  permanent road maintenance depots and associated infrastructure (such as garages, fuel sheds, tool houses, storage yards and workers’ amenities).

97 Exempt development

(1)  Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority in connection with a road or road infrastructure facilities and complies with clause 20 (2) (Exempt development):

(a)  construction, maintenance or repair of bus stops or bus shelters (but not including any commercial advertising on them) in an area serviced by STA buses, if the stops or shelters:

(i)  are consistent with the Bus Stop Style Guide (State Transit Authority, 1999), and

(ii)  comply with the development standards, and other requirements, relating to bus stops and shelters in a relevant development control plan, and

(iii)  any associated kerb construction, access paths and ramps, lighting and signage complies with AS:1428.2 and the Disability Standards,

(b)  construction, maintenance or repair of bus stops or shelters (but not including any commercial advertising on them) outside an area serviced by STA buses, if:

(i)  they have a height above the footpath of not more than 3.2m, and

(ii)  they have only non-reflective finishes, and

(iii)  they do not obstruct the line of sight of vehicular traffic or pedestrian traffic, and

(iv)  they comply with the development standards, and other requirements, relating to bus stops and shelters in a relevant development control plan, and

(v)  any associated kerb construction, access paths and ramps, lighting and signage complies with AS:1428.2 and the Disability Standards,

(c)  erection, installation, maintenance, reconstruction, repair or replacement of any of the following, and any associated landscaping works:

(i)  security fencing with a height above ground level (existing) of not more than 3.2m,

(ii)  safety barriers or systems, including Jersey barriers,

(iii)  directional, safety or other advisory signs relating to road works or the use of existing road infrastructure facilities,

(iv)  pedestrian and cyclist facilities (such as footpaths, street lighting, kerb adjustments and ramps, pedestrian fences, refuges, holding rails, and bollards),

(v)  slope stability works that are required for safety reasons and minor road safety improvements,

(vi)  minor road pavement or shoulder work (such as patching, grading, re-sheeting, sealing and re-sealing),

(vii)  street furniture (such as seats, bins and directional signs) and any associated kerb construction, access paths and ramps, lighting and signage that complies with AS:1428.2 and the Disability Standards,

(viii)  removal from or addition to existing traffic lights of items such as signal displays, loops or buttons,

(ix)  roadside facilities and rest areas, if the development does not involve the installation of toilets and involves no greater disturbance to the ground or vegetation than necessary,

(x)  street lighting, if any replacement involves the replacement of existing materials with similar materials only and if the lighting minimises light spill and artificial sky glow in accordance with AS/NZS 1158:2007, Lighting for Roads and Public Spaces,

(xi)  pavement and road surface markings (such as bus lane markings), lane delineators, electric pavement lights, detection loops and traffic counters,

(xii)  kerb and guttering,

(xiii)  culverts, drains and other works to improve the quality or control of stormwater runoff,

(d)  repair or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment, replacement of screening of overhead bridges and removal of graffiti or debris,

(e)  emergency works to protect a road or road infrastructure facilities, the environment or the public, but only if they involve no greater disturbance to soil or vegetation than necessary,

(f)  upgrading or maintenance of landscaping, or vegetation management (such as weed spraying, slashing and pruning), that:

(i)  does not involve construction works, and

(ii)  involves the replacement (if any) of existing materials with similar materials only,

(g)  installation, replacement or maintenance of temporary structures (such as temporary bus stops, bus shelters or signs) that are associated with alternative transport arrangements necessitated by road works or road maintenance or repair and that are removed as soon as practicable,

(h)  investigation (including geotechnical and other testing, surveying and sampling) at, above or below the surface of the ground, but only if the investigation:

(i)  involves no greater disturbance to the ground or vegetation than necessary, and

(ii)  does not result in any increase in stormwater drainage or run-off from the site concerned.

(2)  In this clause:

relevant development control plan means, in relation to a bus stop or bus shelter, a development control plan (as in force on the commencement of this Policy) that has been adopted by the council for the local government area in which the stop or shelter is located.

Subdivision 2 Development in or adjacent to road corridors and road reservations

98 Development other than road facilities on public roads

(1)  Development may be carried out with consent on a public road that is unzoned land for any purpose that may be carried out (either with or without consent) on land adjoining the road.

(2)  Development for any purpose may be carried out by a public authority without consent on a public road that is unzoned land.

99 Highway service centres in road corridors

Development for the purpose of a highway service centre may be carried out in a road corridor for a freeway, tollway or national highway only with consent.

100 Development on proposed classified road

(1)  Consent for development for any of the following purposes on land reserved for the purposes of a classified road (but before the land is declared to be a classified road) may be granted only with the concurrence of the chief executive officer of the RTA:

(a)  subdivision that results in the creation of an additional lot with dwelling entitlements,

(b)  development with a capital investment value greater than $150,000,

(c)  development for the purpose of dwellings that are, or any other building that is, to be held under strata title.

(2)  Before determining a development application (or an application for modification of a consent) for development to which this clause applies, the consent authority must:

(a)  give written notice of the application to the chief executive officer of the RTA within 7 days after the application is made, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.

(3)  In deciding whether to grant concurrence to proposed development under this clause, the chief executive officer of the RTA must take the following matters into consideration:

(a)  the need to carry out development for the purposes of a classified road or a proposed classified road,

(b)  the imminence of acquisition of the land by the RTA,

(c)  the likely additional cost to the RTA resulting from the carrying out of the proposed development.

(4)  The consent authority must give the RTA a copy of the determination of the application within 7 days after the determination is made.

(5)  The consent authority may grant consent to development to which this clause applies without the concurrence of the chief executive officer of the RTA if:

(a)  the consent authority has given the chief executive officer notice of the development application, and

(b)  21 days have passed since giving the notice and the chief executive officer has not granted or refused to grant the concurrence.

101 Development with frontage to classified road

(1)  The objectives of this clause are:

(a)  to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)  to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2)  The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a)  where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)  the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)  the design of the vehicular access to the land, or

(ii)  the emission of smoke or dust from the development, or

(iii)  the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)  the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

102 Impact of road noise or vibration on non-road development

(1)  This clause applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 40,000 vehicles (based on the traffic volume data published on the website of the RTA) and that the consent authority considers is likely to be adversely affected by road noise or vibration:

(a)  a building for residential use,

(b)  a place of public worship,

(c)  a hospital,

(d)  an educational establishment or child care centre.

(2)  Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

(3)  If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a)  in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b)  anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

(4)  In this clause, freeway, tollway and transitway have the same meanings as they have in the Roads Act 1993.

103 Excavation in or immediately adjacent to corridors

(1)  This clause applies to development that involves the penetration of ground to a depth of at least 3m below ground level (existing) on land that is the road corridor of any of the following roads or road projects (as described in Schedule 2):

(a)  the Eastern Distributor,

(b)  the Cross City Tunnel,

(c)  the Lane Cove Tunnel,

(d)  the Tugun Bypass,

(e)  the Liverpool—Parramatta Transitway,

(f)  the North-West Sydney Transitway Network.

(2)  Before determining a development application (or an application for modification of a consent) for development to which this clause applies, the consent authority must:

(a)  give written notice of the application to the RTA within 7 days after the application is made, and

(b)  take into consideration:

(i)  any response to the notice that is received within 21 days after the notice is given, and

(ii)  any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette, and

(iii)  any implications of the ground penetration for the structural integrity of the road or project, and

(iv)  any cost implications for the road or project of the ground penetration.

(3)  The consent authority must provide the RTA with a copy of the determination of the application within 7 days after the determination is made.

104 Traffic-generating development

(1)  This clause applies to development specified in Column 1 of the Table to Schedule 3 that involves:

(a)  new premises of the relevant size or capacity, or

(b)  an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity.

(2)  In this clause, relevant size or capacity means:

(a)  in relation to development on a site that has direct vehicular or pedestrian access to any road—the size or capacity specified opposite that development in Column 2 of the Table to Schedule 3, or

(b)  in relation to development on a site that has direct vehicular or pedestrian access to a classified road or to a road that connects to a classified road where the access (measured along the alignment of the connecting road) is within 90m of the connection—the size or capacity specified opposite that development in Column 3 of the Table to Schedule 3.

(3)  Before determining a development application for development to which this clause applies, the consent authority must:

(a)  give written notice of the application to the RTA within 7 days after the application is made, and

(b)  take into consideration:

(i)  any submission that the RTA provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, the RTA advises that it will not be making a submission), and

(ii)  the accessibility of the site concerned, including:

(A)  the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and

(B)  the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and

(iii)  any potential traffic safety, road congestion or parking implications of the development.

(4)  The consent authority must give the RTA a copy of the determination of the application within 7 days after the determination is made.

Division 18 Sewerage systems

105 Definitions

In this Division:

biosolids treatment facility means a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.

Northside Storage Tunnel means:

(a)  a tunnel running from Thorn Street, Hunters Hill to the North Head Sewage Treatment Plant, Manly, and

(b)  a branch tunnel to Scotts Creek, and

(c)  branch bores to two outlets at Tarban Creek, namely, the Huntley’s Point submain and the Woolwich submain, and

(d)  a branch shaft to South Willoughby, and

(e)  a branch tunnel to Shelly Beach.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  RU4 Rural Small Holdings,

(d)  IN1 General Industrial,

(e)  IN3 Heavy Industrial,

(f)  SP1 Special Activities,

(g)  SP2 Infrastructure.

sewage reticulation system means a facility for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated water for use or disposal, including associated:

(a)  pipelines and tunnels, and

(b)  pumping stations, and

(c)  dosing facilities, and

(d)  odour control works, and

(e)  sewage overflow structures, and

(f)  vent stacks.

sewage treatment plant means a facility for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

sewerage system means a biosolids treatment facility, sewage reticulation system, sewage treatment plant, water recycling facility, or any combination of these.

water recycling facility means a facility for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:

(a)  retention structures, and

(b)  treatment works, and

(c)  irrigation schemes.

106 Development permitted with or without consent

(1)  Development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out:

(a)  by or on behalf of a public authority or any person licensed under the Water Industry Competition Act 2006 without consent on land in a prescribed zone, and

(b)  by any other person with consent on land in a prescribed zone.

(2)  Development for the purpose of water recycling facilities may be carried out:

(a)  by or on behalf of a public authority or any person licensed under the Water Industry Competition Act 2006 without consent on land in a prescribed zone, and

(b)  by any other person with consent on land in a prescribed zone or on any land where the development is ancillary to an existing land use.

However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act.

(3)  Development for the purpose of sewage reticulation systems may be carried out:

(a)  by or on behalf of a public authority or any person licensed under the Water Industry Competition Act 2006 without consent on any land, and

(b)  by any other person with consent on any land.

However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act.

(4)  Development for the purpose of the Northside Storage Tunnel may be carried out by or on behalf of Sydney Water Corporation without consent on land in any of the following local government areas:

(a)  Hunters Hill,

(b)  Lane Cove,

(c)  Leichhardt,

(d)  Manly,

(e)  Mosman,

(f)  North Sydney,

(g)  Willoughby.

(5)  A reference in this Division to development for the purpose of a sewerage system of any kind includes a reference to development for any of the following purposes if the development is in connection with the sewerage system:

(a)  pumping stations, pipelines and tunnels,

(b)  temporary storage and transfer works to reticulate sewage or treated effluent,

(c)  effluent and biosolids reuse schemes,

(d)  power supply to the development,

(e)  energy generating works,

(f)  construction works,

(g)  routine maintenance works,

(h)  environmental management works.

107 Exempt development

Development for any of the following purposes carried out by or on behalf of a public authority is exempt development if the development is in connection with a sewerage system and complies with clause 20 (2) (Exempt development):

(a)  emergency works or emergency maintenance or repairs to protect a sewerage system, if they involve no greater soil or vegetation disturbance than necessary,

(b)  investigation for system development or to establish the condition or safety of existing infrastructure (including geotechnical and other testing, surveying and sampling) at, above or below the surface of the ground, if the investigation:

(i)  involves no greater disturbance to the ground or vegetation than necessary, and

(ii)  does not result in any increase in stormwater drainage or run-off from the site concerned,

(c)  routine maintenance or associated landscaping works, including the following, if any disturbance to soil or vegetation is no greater than necessary:

(i)  removal of litter or debris from stormwater quality improvement devices,

(ii)  harvesting of macrophytes associated with a treatment system,

(iii)  excavations to expose a pipeline for inspection or testing and the creation of temporary stockpiles associated with pipeline maintenance, repair or replacement,

(iv)  flushing or relining of a pipeline if access is by a manhole,

(v)  maintenance of access tracks along corridors, pipelines and other infrastructure,

(vi)  painting, servicing or minor alteration of existing equipment,

(vii)  alterations to existing enclosures or buildings,

(viii)  maintenance, repair, renewal or replacement of pumping station components other than for the purpose of substantially increasing the capacity of the pumping station or structural alteration,

(d)  installation, maintenance or repair of a trunk drainage channel, pipeline marker or cathodic protection system,

(e)  works for safety or security, such as:

(i)  construction, maintenance or realignment of security fencing that has a height above ground level (existing) of not more than 3.2m, or

(ii)  temporary fencing around work sites or around open excavations, or

(iii)  maintenance or repair of existing gates or installation of new gates,

(f)  temporary structures associated with maintenance projects, but only if the structure has only one storey.

Division 19 Soil conservation works

108 Definition

In this Division:

soil conservation works means development necessary:

(a)  to avoid, manage or mitigate the effects of salinity, acid sulfate soils, acid soils or sodic soils, or

(b)  to avoid, manage or mitigate the effects of erosion.

109 Development permitted without consent

(1)  Development for the purpose of soil conservation works may be carried out by or on behalf of a public authority without consent on any land.

(2)  A reference in this clause to development for the purpose of soil conservation works includes a reference to development for any of the following purposes if the development is in connection with soil conservation works:

(a)  construction works,

(b)  routine maintenance works,

(c)  emergency works, including works associated with landslides,

(d)  environmental management works.

Division 20 Stormwater management systems

110 Definition

In this Division:

stormwater management system means:

(a)  works for the collection, detention, distribution or discharge of stormwater (such as channels, aqueducts, pipes, drainage works, embankments, detention basins and pumping stations), and

(b)  stormwater quality control devices (such as waste entrapment facilities, artificial wetlands, sediment ponds and riparian management), and

(c)  stormwater reuse schemes.

111 Development permitted without consent

(1)  Development for the purpose of stormwater management systems may be carried out by or on behalf of a public authority without consent on any land.

(2)  A reference in this clause to development for the purpose of stormwater management systems includes a reference to development for any of the following purposes if the development is in connection with a stormwater management system:

(a)  construction works,

(b)  routine maintenance works, including maintenance dredging to remove sediment build-up in a stormwater canal or at exit points into natural waterways that affects the efficiency of the stormwater management system,

(c)  environmental management works.

112 Exempt development

Development for any of the following purposes carried out by or on behalf of a public authority is exempt development if the development is in connection with a stormwater management system and complies with clause 20 (2) (Exempt development) if the development involves no greater soil or vegetation disturbance than necessary and does not involve any increase in stormwater drainage or run-off from the site concerned:

(a)  emergency works or emergency maintenance or repairs to protect a stormwater management system,

(b)  investigation for system development or to establish the condition or safety of existing infrastructure (including geotechnical and other testing, surveying and sampling) at, above or below the surface of the ground,

(c)  routine maintenance or associated landscaping works, including the following:

(i)  removal of litter or debris from stormwater quality improvement devices,

(ii)  harvesting of macrophytes associated with a treatment system,

(iii)  excavations to expose a pipeline for inspection or testing and temporary stockpiles associated with pipeline maintenance or repair,

(iv)  flushing or relining of a pipeline where access is by a manhole,

(v)  maintenance of access tracks along corridors, pipelines and other infrastructure,

(vi)  painting, servicing or minor alteration of existing equipment,

(vii)  alterations to existing enclosures or buildings,

(d)  installation, maintenance, repair or replacement of a trunk drainage channel, pipeline marker or cathodic protection system,

(e)  works for safety or security, such as:

(i)  construction, maintenance or realignment of security fencing that has a height above ground level (existing) of not more than 3.2m, or

(ii)  temporary fencing around work sites or around open excavations, or

(iii)  maintenance or repair of existing gates or installation of new gates,

(f)  temporary structures associated with maintenance projects, but only if the structure has only one storey.

Division 21 Telecommunications and other communication facilities

Note—

Installation of a telecommunications facility of a kind identified as a low-impact facility in the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth may be exempt from State laws under Schedule 3 to the Telecommunications Act 1997 of the Commonwealth.

113 Definitions

In this Division:

ACIF Code means the Australian Communications Industry Forum Industry Code entitled ACIF C524:2004External Communication Cable Networks.

subscriber connection means an installation for the sole purpose of connecting premises to a line forming part of a telecommunications network.

telecommunications facility means:

(a)  any part of the infrastructure of a telecommunications network, or

(b)  any line, cable, optical fibre, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network.

telecommunications network has the same definition as it has in the Standard Instrument.

Note—

The Standard Instrument defines telecommunications network as follows:

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

114 Development permitted without consent

(1)  Development for the purposes of telecommunications facilities (including radio facilities) may be carried out by a public authority without consent on any land.

(2)  Before a public authority undertakes the development of a tower or mast under this clause, the public authority must:

(a)  give written notice of its intention to carry out the development to the council of the area in which the land is located (unless the authority is that council) and to the occupiers of any adjoining land, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.

(3)  Development for the purpose of co-locating telecommunications network cables on electricity poles or with underground electricity facilities, other than subscriber connections, may be carried out by any person without consent on any land.

(4)  Development for the purpose of subscriber connections, other than development of a kind specified in clause 116 (1) (a), may be carried out by any person without consent on any land unless the subscriber’s premises, or any land traversed by the connection, is a State or local heritage item or is located in a heritage conservation area.

(5)  To the extent that the development under this clause involves the erection of an aerial cable by a person other than a public authority, the erection of the cable must be consistent with the ACIF Code.

115 Development permitted with consent

(1)  Development for the purposes of telecommunications facilities, other than development in clause 114, may be carried out by any person with consent on any land.

(2)  To the extent that the development under this clause involves the erection of an aerial cable, the erection of the cable must be consistent with the ACIF Code.

116 Exempt development

Development for any of the following purposes is exempt development if it is carried out by any person on any land in connection with a telecommunications facility and complies with clause 20 (2):

(a)  a subscriber connection that is co-located with an underground or above ground electricity supply connection and is consistent with the ACIF Code,

(b)  a satellite dish that:

(i)  is erected wholly within the boundaries of a property,

(ii)  is installed in accordance with the instructions of the manufacturer and any relevant standard imposed by Standards Australia,

(iii)  does not affect the structural integrity of any building on which it is erected,

(iv)  if mounted on a dwelling:

(A)  has a maximum diameter of 90cm (excluding any projecting feed element), and

(B)  has a height hat does not exceed the highest point of the roof (if the roof is peaked) or 1.2m above the roof (if the roof is flat),

(v)  if mounted on the ground adjacent to a dwelling:

(A)  has a maximum diameter of 90cm (excluding any projecting feed element), and

(B)  has a maximum height of 1.2m above ground level.

(vi)  if mounted on a building on land zoned commercial or industrial under an environmental planning instrument:

(A)  has a maximum diameter of 1.8m (excluding any projecting feed element), and

(B)  has a height that does not exceed 2.4m above the highest point of the roof structure,

(vii)  if mounted on the ground on land zoned commercial or industrial under an environmental planning instrument:

(A)  has a maximum diameter of 1.8m (excluding any projecting feed element), and

(B)  has a maximum height of 2.4m above ground level.

Division 22 Travelling stock reserves

117 Definitions

In this Division:

rural lands protection board means a rural lands protection board constituted under Part 6 of the Rural Lands Protection Act 1998.

travelling stock reserve has the same meaning as it has in the Rural Lands Protection Act 1998.

Note—

The Rural Lands Protection Act 1998 defines travelling stock reserve as follows:

travelling stock reserve means:

(a)  any route or camping place reserved for travelling stock route or camping place under the Crown Lands Act 1989, or

(b)  any reserve for travelling stock, water reserve, reserve for access or crossing (where the reserve is for the purpose of providing travelling stock with access to or a crossing of water, whether expressly notified for that purpose or not), or

(c)  any stock watering place.

cl 117: Am 2008 No 62, Sch 2.53 [2].

118 Development permitted without consent

(1)  Development for the purpose of maintaining or managing a travelling stock reserve, other than development of a kind specified in clause 119, may be carried out by or on behalf of a public authority or a rural lands protection board without consent on land within the reserve.

(2)  Subclause (1) does not authorise the carrying out of development for any of the following purposes:

(a)  the erection of a building or the reconstruction or alteration of a building so as materially to affect its design or purpose,

(b)  any development designed to change the use or purpose of the reserve.

119 Development permitted with consent

Development for any of the following purposes may be carried out with consent by or on behalf of a public authority or a rural lands protection board on land within a travelling stock reserve:

(a)  the erection of buildings, or the reconstruction or alteration of buildings in such a way as to materially affect their design or purpose,

(b)  any development designed to change the use or purpose of the travelling stock reserve.

Division 23 Waste or resource management facilities

120 Definitions

In this Division:

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  IN1 General Industrial,

(d)  IN3 Heavy Industrial,

(e)  SP1 Special Activities,

(f)  SP2 Infrastructure.

resource recovery facility means a facility for the recovery of resources from waste, including such works or activities as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from waste gases and water treatment, but not including re-manufacture of material or goods or disposal of the material by landfill or incineration.

waste disposal facility means a facility for the disposal of waste by landfill, incineration or other means, including associated works or activities such as recycling, resource recovery and other resource management activities, energy generation from waste gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

waste or resource management facility means a waste or resource transfer station, a resource recovery facility or a waste disposal facility.

waste or resource transfer station means a facility for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

121 Development permitted with consent

(1)  Development for the purpose of waste or resource management facilities, other than development referred to in subclause (2), may be carried out by any person with consent on land in a prescribed zone.

(2)  Development for the purposes of a waste or resource transfer station may be carried out by any person with consent on:

(a)  land in a prescribed zone, or

(b)  land in any of the following land use zones or equivalent land use zones:

(i)  B5 Business Development,

(ii)  B6 Enterprise Corridor,

(iii)  IN2 Light Industrial,

(iv)  IN4 Working Waterfront, or

(c)  land on which development for any of the following purposes is permitted with consent under any environmental planning instrument:

(i)  industry,

(ii)  business premises or retail premises,

(iii)  freight transport facilities.

(3)  Development for the purpose of the recycling of construction and demolition material, or the disposal of virgin excavated natural material (as defined by the Protection of the Environment Operations Act 1997) or clean fill, may be carried out by any person with consent on land on which development for the purpose of industries, extractive industries or mining may be carried out with consent under any environmental planning instrument.

122 Additional permitted uses—Castlereagh Liquid Waste Disposal Depot

(1)  In this clause:

depot means the Castlereagh Liquid Waste Disposal Depot.

depot site means the land shown edged heavy black on the map marked “State Environmental Planning Policy (Infrastructure) 2007—Castlereagh Liquid Waste Disposal Depot” held in the head office of the Department of Planning.

(2)  Development for the purposes of monitoring or mitigating pollution as a result of the operation of the depot, may be carried out by any person without consent on the depot site.

(3)  Development for any of the following purposes may be carried out by any person with consent on the depot site:

(a)  rehabilitation of land,

(b)  disposal of inert waste,

(c)  resource recovery or recycling facilities.

123 Determination of development applications

In determining a development application for development for the purpose of the construction, operation or maintenance of a landfill for the disposal of waste, including putrescible waste, the consent authority must take the following matters into consideration:

(a)  whether a justifiable demand exists for the landfill, having regard to the provisions of the NSW Waste Avoidance and Resource Recovery Strategy and the waste disposal data provided from time to time by the Department of Environment and Climate Change,

(b)  whether the location of the development is consistent with any regional planning strategies or locational principles included in the publication EIS Guideline: Landfilling (Department of Planning, 1996), as in force from time to time,

(c)  the views of relevant public authorities and councils responsible for the area from which the waste material is proposed to be sourced.

Division 24 Water supply systems

124 Definitions

In this Division:

water reticulation system means a facility for the transport of water, including pipes, tunnels, canals, bores, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

water supply system means a water reticulation system, water storage facility, water treatment facility, or any combination of these.

water treatment facility means a facility for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility within the meaning of Division 18 (Sewerage systems).

125 Development permitted without consent

(1)  Development for the purpose of water reticulation systems may be carried out by or on behalf of a public authority without consent on any land.

(2)  Development for the purpose of water storage facilities, including development for any of the following purposes, may be carried out by or on behalf of a public authority without consent on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP1 Special Activities, Zone SP2 Infrastructure or an equivalent land use zone:

(a)  catchment management works,

(b)  public recreational facilities associated with a water storage facility.

(3)  Development for the purpose of water treatment facilities may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones:

(a)  RU1 Primary Production,

(b)  RU2 Rural Landscape,

(c)  RU4 Rural Small Holdings,

(d)  IN1 General Industrial,

(e)  IN3 Heavy Industrial,

(f)  SP1 Special Activities,

(g)  SP2 Infrastructure.

(4)  Development for the purpose of a water supply system may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if it is authorised by or under that Act.

(5)  In this Division, a reference to development for the purpose of a water supply system of any kind includes a reference to development for any of the following purposes if the development is in connection with the water supply system:

(a)  dams, reservoirs, weirs, levees, spillways and fishways,

(b)  catchment management works,

(c)  groundwater investigation works, groundwater bore stations, borefields, minewater works and the like,

(d)  access ways,

(e)  water intakes, pumping stations, pipelines, channels, tunnels, canals and aqueducts,

(f)  gauging and monitoring equipment,

(g)  power supply to the water supply system,

(h)  hydro-electric power generation equipment and associated connections to the electricity network,

(i)  construction works,

(j)  emergency works and routine maintenance works,

(k)  environmental management works.

(6)  Development for any of the following purposes may be carried out by or on behalf of the Sydney Catchment Authority without consent on any land:

(a)  investigations into the availability of groundwater (including mine water), extraction of groundwater or mine water, and associated water reticulation systems,

(b)  development to enable access to deep water extraction in dams within the Sydney Catchment Authority’s area of operations under the Sydney Water Catchment Management Act 1998, including investigations, associated works or equipment and construction works and other water supply infrastructure, such as the Megarrity’s Creek Water Pumping Station and other Warragamba Emergency Scheme works.

126 Development permitted without consent—desalination plants

Development for the purpose of a desalination plant or a pilot desalination plant, including development for any of the following purposes, may be carried out by or on behalf of Sydney Water Corporation without consent on any land:

(a)  the Kurnell Desalination Plant (as declared to be a critical infrastructure project by Schedule 5 to State Environmental Planning Policy (Major Projects) 2005),

(b)  a pilot desalination plant on the Kurnell Peninsula.

127 Exempt development

Development for the following purposes carried out by or on behalf of a public authority is exempt development if the development is in connection with a water supply system and complies with clause 20 (2) (Exempt development) and if it involves no greater soil or vegetation disturbance than necessary and no increase in stormwater drainage or run-off from the site:

(a)  emergency works or emergency maintenance or repairs to protect a water supply system,

(b)  geotechnical or other testing, surveying, sampling or investigation (whether taking place at, above or below the surface of the ground) required for system development or to establish the condition or safety of existing infrastructure,

(c)  routine maintenance or associated landscaping works,

(d)  removal of litter or debris from stormwater quality improvement devices,

(e)  harvesting of macrophytes associated with a treatment system,

(f)  excavations to expose a pipeline for inspection or testing and temporary stockpiles associated with pipeline maintenance, repair or replacement,

(g)  installation, repair or maintenance of a trunk drainage channel or pipeline marker,

(h)  installation, repair, maintenance or replacement of a cathodic protection system,

(i)  flushing or relining of a pipeline where access is by a manhole,

(j)  maintenance of access tracks along or to corridors, pipelines and other infrastructure,

(k)  painting, servicing or minor alteration of existing equipment,

(l)  alterations to existing enclosures or buildings,

(m)  maintenance, repair, renewal and replacement of pump station components otherwise than for the purpose of substantially increasing capacity and not involving structural alteration,

(n)  works for safety or security, such as:

(i)  construction, maintenance or realignment of security fencing that has a height above ground level (existing) of not more than 3.2m, or

(ii)  temporary fencing around work sites or around open excavations, or

(iii)  maintenance or repair of existing gates or installation of new gates,

(o)  temporary structures associated with maintenance projects, but only if the structure has only one storey,

(p)  public recreational facilities within a drinking water catchment area.

Division 25 Waterway or foreshore management activities

128 Definition

In this Division:

waterway or foreshore management activities means:

(a)  riparian corridor and bank management, including erosion control, bank stabilisation, resnagging, weed management, revegetation and the creation of foreshore access ways, and

(b)  instream management or dredging to rehabilitate aquatic habitat or to maintain or restore environmental flows or tidal flows for ecological purposes, and

(c)  coastal management and beach nourishment, including erosion control, dune or foreshore stabilisation works, headland management, weed management, revegetation activities and foreshore access ways.

129 Development permitted without consent

(1)  Development for the purpose of waterway or foreshore management activities may be carried out by or on behalf of a public authority without consent on any land.

(2)  In this clause, a reference to development for the purpose of waterway or foreshore management activities includes a reference to development for any of the following purposes if the development is in connection with waterway or foreshore management activities:

(a)  construction works,

(b)  routine maintenance works,

(c)  emergency works, including works required as a result of flooding, storms or coastal erosion,

(d)  environmental management works.

(3)  Development for the purpose of temporary works for or associated with drought relief may be carried out by or on behalf of a public authority without consent, but only if the development is:

(a)  carried out on land publicly identified by the Minister for Primary Industries as being in drought, and

(b)  removed, and the area rehabilitated, within 4 months after the date on which the area is no longer so identified.

Note—

Areas of NSW that are in drought are identified on the website of the Department of Primary Industries.

Division 26 Special provisions

pt 3, div 26: Ins 2008 (456), Sch 1.

130 Riding for the disabled centre to be complying development

(1)  Subject to subclause (2), the following development for the purposes of a horse riding facility for people with disabilities, on the land known as 118–120 Culloden Road, Marsfield, being Lots 652 and 653, DP752035, is complying development:

(a)  construction or alteration of, or addition to, a single unenclosed covered arena structure, if:

(i)  it has a total area, inside the structure, of not more than 1600m², and

(ii)  it is not within 9m of any boundary of the site, and

(iii)  the roof of the structure is less than 8.2m in height, with support poles of less than 6m in height and constructed of non-reflective material,

(b)  construction or alteration of, or addition to, a single office premises, if:

(i)  the footprint of the built area of the office, at ground level (finished), is less than 220m², and

(ii)  they have 2 storeys or less, and

(iii)  the external walls and roof are constructed of non-reflective material,

(c)  construction or alteration of, or addition to, horse yards and stables, if:

(i)  the horse yards have a total area of not more than 3,150m², and

(ii)  the area of each horse yard is not more than 330m², and

(iii)  each horse yard is not within 6m of any boundary of the site, and

(iv)  the stable is not within 25m of any boundary of the site, and

(v)  the stable is not more than one storey, and

(vi)  the external walls and roof are constructed of non-reflective material,

(d)  car parking that is situated at ground level and that is not enclosed.

(2)  To be complying development, development referred to in subclause (1) must:

(a)  be permissible, with consent, in the zone in which it is carried out, and

(b)  meet relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  comply with the requirements of any tree preservation order under any other environmental planning instrument applicable to the land, and

Note—

Division 3 of Part 5 of Schedule 2 to the Local Government (General) Regulation 2005 also contains requirements with which the development must comply in relation to the keeping of horses.

(d)  not be carried out within 1m of any public sewer main except with the written approval of the authority that has management or control of the main, and

(e)  comply with the waste management and minimisation and stormwater management requirements under the City of Ryde Development Control Plan 2006, as in force at the commencement of this clause, and

(f)  in the case of buildings, be constructed in accordance with level 1 construction under Australian Standard AS 3959—1999, Construction of buildings in bushfire-prone areas.

Note—

Section 76A (6) of the Act also provides that certain development cannot be complying development.

cl 130: Ins 2008 (456), Sch 1. Am 2009 (536), Sch 1 [1]–[4].

131 Complying development certificate conditions for riding for disabled centre

A complying development certificate for development referred to in clause 130 is subject to the following conditions:

(a)  any construction or demolition work must be carried out only between 7.00am and 7.00pm Monday to Friday and 8.00am and 4.00pm on Saturdays,

(b)  construction or demolition work must not be carried out on a Sunday or a public holiday,

(c)  to prevent soil erosion, water pollution or the discharge of loose sediment onto surrounding land, run-off and erosion controls must be implemented before construction,

(d)  to control dust emissions from the site, suitable screens or barricades must be erected prior to any demolition, excavation or building work,

(e)  construction or demolition work must be carried out so as to protect existing trees on the site,

(f)  building materials, plant, equipment and waste used in or arising from construction or demolition work must not be placed or stored on a public footpath or road adjacent to the site,

(g)  any public land or public place must be protected from any obstruction, inconvenience or damage that might otherwise be caused by the development,

(h)  before the facility commences to operate, a certificate of compliance, if required, must be obtained from the relevant water supply or sewer authority,

(i)  the horse riding facility is to operate only between 7.30am and 5.00pm, but the office premises may operate until 10.00pm,

(j)  there are not to be more than 10 horses and stables at the facility.

cl 131: Ins 2008 (456), Sch 1.

Schedule 1 Exempt development—general

(clause 20 (2))

Development purpose	Development standards
General provisions
Access ramps for persons with a disability	•  Ramps must provide access to public transport, outdoor recreational areas or the ground floor of buildings or car parks. •  Grade must not exceed 1:14 and must comply with AS 1428.1–2001, Design for access and mobility—General requirements for access—New building work. •  Ramp structures must not create a traffic or pedestrian hazard or be part of a State or local heritage item.
Aerials and antennae (not including satellite dishes)	•  Must not result in more than 3 per building (whether solely aerials, solely antennae or a combination of aerials and antennae). •  Height must not exceed 6m above ground level (existing) or above an existing building.
Air conditioning units	•  Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2005, Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements. •  Noise level must not exceed 5dB(A) above ambient background noise level measured at property boundary.
Awnings, canopies, pergolas and storm blinds	•  Surface area must not exceed 20m2 (except for an educational establishment). •  Height must not exceed 2.4m above ground level (existing). •  Must maintain all required boundary setbacks for the associated building and no part of structure must be within 900mm of any property boundary.
Building external alterations including re-cladding roofs or walls	•  Must involve only repair or renovation, or painting, plastering or other decoration, of building. •  Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building. •  Any re-cladding must involve only replacing existing materials with similar materials and not involve structural alterations.
Building internal alterations	•  Must be non-structural alterations to existing building only, such as: (i)  replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or (ii)  inclusion of built-in fixtures. •  Must not affect load-bearing capacity of any load-bearing component of building. •  Work must not compromise fire safety or affect accessibility of any fire exit.
Bush fire protection—maintenance of existing fire trails or asset protection zones or installation or maintenance of gates and associated structures on such trails or zones	•  Must be consistent with applicable bush fire risk management plan (as referred to in section 52 of the Rural Fires Act 1997 or clause 9 of the Electricity Supply (Safety and Network Management) Regulation 2002). •  Fire trails must be recorded as such on a Bush Fire Management Committee Fire Trail Register. •  Asset protection work must be consistent with the NSW Rural Fire Service publication Standards for Asset Protection Zones. •  Maintenance works must not result in any change of alignment of fire trails or asset protection zones.
Car parks	•  Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates).
Carports associated with an existing building	•  Surface area must not exceed 20m2. •  Height must not exceed 2.4m above ground level (existing). •  Must be located behind any relevant building setback. •  Must be no part of structure within 500mm of any side or rear boundary. •  Stormwater drainage or run-off must be via connection to existing stormwater system.
Decks (unroofed and attached to a building that is not located on bush fire prone land)	•  Surface area must not exceed 10m2. •  Finished surface level must not be more than 1m above ground level (existing). •  Boundary setbacks for existing building to be maintained.
Demolition of buildings or structures (unless part of a heritage item or within a heritage conservation area) the erection of which is exempt development under this Policy	•  Must be carried out in accordance with AS 2601—2001, Demolition of structures and must not cover an area of more than 100m2.
Fences—erection of security fences	•  Must be for infrastructure facility and erected along road frontage or non-road boundary. •  Height must not exceed 2.15m above ground level (existing).
Fences (other than security fences or fences covered by the Swimming Pools Act 1992)	•  Must be constructed so as not to prevent natural flow of stormwater drainage or run-off. •  If in a residential zone, height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line and 1.2m if forward of that line. •  Must not include masonry construction to a height of more than 900mm above ground level (existing).
Fire fighting emergency equipment—construction or maintenance of emergency equipment including replacement or augmentation of fire systems and fire water tanks
Flagpoles	•  Height must not exceed 6m above ground level (existing) or above an existing building. •  Must not display commercial advertising. •  Flagpole structure and any attached flag must not project over public road.
Hoardings to restrict unauthorised entry to construction sites—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance or repairs (for which, in each case, any required consent has been obtained)	•  Must not encroach onto footpath or public thoroughfare. •  Must be removed immediately on completion of work if removal will not give rise to safety risk.
Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under this Policy
Lighting—construction or maintenance	•  Construction and maintenance of external lighting if light spill is contained within site and in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting. •  Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under Civil Aviation Act 1988 of the Commonwealth).
Offices—portable	•  Height must not exceed 1 storey. •  Setbacks must be in accordance with any applicable setback provisions of development control plan applying to site.
Rainwater and bore water tanks	•  Height (including any stand) must not exceed 2.4m above ground level (existing). •  No part of structure must be within 450mm of any property boundary or situated no closer to street than any associated building. •  Rainwater tank must be fitted with first-flush device that causes initial run-off of any rain to bypass tank to reduce pollutants entering tank. •  Installation must not involve excavation of more than 1m from ground level (existing), or filling of more than 1m above ground level (existing). •  Must not be installed over any structure or fittings used by public authority to maintain water or sewer main. •  Must be sign affixed to tank, clearly stating that water in tank is rainwater or bore water (as appropriate).
Retaining walls	•  Must not provide for retaining of fill to height above ground level (existing) of more than 2m or excavation to depth below ground level (existing) of more than 1m. •  Must not prevent the natural flow of stormwater drainage/run-off.
Scaffolding—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance or repairs (for which, in each case, any required consent has been obtained)	•  Must not encroach onto footpath or public thoroughfare. •  Temporary fencing must be provided to restrict unauthorised access to site if scaffolding is within 3m of any boundary. •  Must be removed immediately on completion of work if removal will not give rise to safety risk.
Security cameras—installation for security purposes
Sheds	•  Must be free-standing, prefabricated and constructed of non-reflective materials. •  Development must not result in shed with a total floor area exceeding 30m2. •  Height must not exceed 2.5m above ground level (existing). •  Must be located in rear of infrastructure facility.
Skylight or roof windows	•  Area of skylight must not exceed 2m2. •  Must not be located within 900mm of any property boundary or within 900mm of any wall separating attached dwellings. •  Work must not reduce structural integrity of building or involve structural alterations.
General provisions: signs
Identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure (including signs associated with level crossings)	•  Surface area must not exceed 3.5m2. •  Must be located wholly within property boundary or be attached to existing boundary fence and not projecting more than 100mm from fence. •  Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.
Identification, directional, community information or safety signs associated with the use of road infrastructure	•  Must be consistent with road safety policies and guidelines on outdoor advertising approved by the Director-General for the purpose of this provision and published in the Gazette.
Temporary signs advertising an event and associated relevant details including sponsorship of the event	•  Surface area must not exceed 3.5m2. •  Must be located wholly within property boundary. •  Must not be displayed earlier than 28 days before event and must be removed within 14 days after event. •  Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997Control of the obtrusive effects of outdoor lighting.
General provisions: subdivision
Boundaries—adjustment to the boundary of a lot (including to widen a public road or create a public reserve)	•  Must not result in: (i)  creation of any additional lot or legal right to erect dwelling, or (ii)  creation of lot that depends on use of services provided to, or utilities of, another lot, or (iii)  change in area of any lot by more than 10 per cent, or (iv)  increased bush fire risk to existing buildings.

sch 1: Am 2009 (327), Sch 1 [7].

Schedule 1A (Repealed)

sch 1A: Ins 2009 (137), Sch 1 [4]. Rep 2009 (364), Sch 3.6 [2].

Schedule 2 Railways, roads and associated projects

(Clauses 80, 95 and 103)

1 Cross City Tunnel

A tollway comprising twin 2 lane tunnels from William Street, Sydney, near the eastern end of the Kings Cross Tunnel to the Western Distributor near Harbour Street.

2 Eastern Distributor

A roadway linking the Cahill Expressway, Woolloomooloo, to Mill Pond Road, Botany, including associated works and facilities.

3 Lane Cove Tunnel

A transport system comprising the following:

(a)  dual road tunnels that generally follow the alignment of Epping Road from just east of the intersection of Epping Road and Mowbray Road West to the Gore Hill Freeway, east of the Pacific Highway,

(b)  a 2-lane bridge over the Lane Cove River adjacent to the south side of the existing bridge,

(c)  modifications, including widening to some sections, to Epping Road between Wicks Road and the Gore Hill Freeway and adjustments to lanes connecting with the M2 Motorway,

(d)  modifications to the Gore Hill Freeway including widening between the Pacific Highway and Reserve Road and beneath the Willoughby Road overpass at Naremburn,

(e)  associated ramps between the tunnel and Epping Road and between the tunnel and the Pacific Highway,

(f)  north-facing ramps between Falcon Street and the Warringah Freeway,

(g)  a ramp between the eastbound tunnel and the Gore Hill Freeway,

(h)  modifications to existing ramps between the Pacific Highway and the Gore Hill Freeway,

(i)  2 ventilation stacks, 1 near the eastern end of the tunnel and 1 near the western end of the tunnel.

The project includes all associated and ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the provision of dedicated bus lanes or transit lanes on Epping Road, Longueville Road and the Gore Hill Freeway, and pedestrian and cycle facilities on Epping Road, Longueville Road and the Gore Hill Freeway.

4 Liverpool—Parramatta Transitway

A passenger transport system between Liverpool and Parramatta via Bonnyrigg, Wetherill Park, Smithfield and Wentworthville.

5 North-West Sydney Transitway Network

Links of a passenger transport system between:

(a)  Blacktown and Castle Hill via Kings Park, Kings Langley, Acacia Gardens, Glenwood, Parklea, Stanhope Gardens and Kellyville, and

(b)  Parramatta and Rouse Hill (Mungerie Park) via Westmead, Wentworthville, Old Toongabbie, Toongabbie, Winston Hills, Seven Hills, Baulkham Hills, Kings Langley, Bella Vista, Glenwood, Kellyville and Stanhope Gardens.

6 Parramatta Rail Link

A heavy railway from Parramatta to Chatswood. The project would commence in the general vicinity of the Main Western Railway line west of Parramatta Station and would then proceed via Parramatta, Camellia, Carlingford, Epping, the vicinity of Macquarie University, the vicinity of Delhi Road, the vicinity of the University of Technology Kuring-gai Campus to Chatswood (including a bridge over or a tunnel under the Lane Cove River).

7 Rail Clearways Program

The following 10 railway system upgrade major projects within the Sydney metropolitan area, known collectively as the “Rail Clearways Program”:

(a)  Hornsby Upgrading

Additional rail line, station works upgrade and extension of Hornsby stabling yard.

(b)  Cronulla Upgrading

Upgrading of the Cronulla Line, alterations to Cronulla, Kirrawee, Woolooware and Sutherland Stations and the reconfiguration of stabling.

(c)  Lidcombe Upgrading

Upgrading Lidcombe Station and track changes (including a turnback line).

(d)  Homebush Upgrading

Upgrading Homebush Station and track changes (including a turnback line).

(e)  Kingsgrove to Revesby Upgrading

Upgrading Revesby Station, additional tracks between and in the vicinity of Kingsgrove to Revesby Stations and any associated station works.

(f)  Quakers Hill to Vineyard Upgrading

Construction of stations, upgrading of stations, relocation of stations, additional tracks between and in the vicinity of Quakers Hill to Vineyard Stations.

(g)  Carlingford Line Upgrading

Track changes including construction of a passing loop and the upgrading of Rydalmere Station.

(h)  Sydenham–Erskineville Upgrading

Track changes including construction of two additional rail lines from Sydenham to Erskineville, upgrading Sydenham, St Peters and Erskineville Stations and modifications to road bridges.

(i)  Liverpool Upgrading

Upgrading Liverpool Station, reconfiguration of stabling and changes to track (including a turnback line).

(j)  Macarthur Upgrading

Upgrading Macarthur Station, reconfiguration of stabling and changes to track (including a turnback line).

8 Southern Sydney Freight Line

Development for the purposes of the Southern Sydney Freight Line, being a rail track adjacent to the Main South line between east of Sefton Park junction and south of Macarthur via Cabramatta, and all infrastructure and services that form part of the new line.

9 Sydney Airport Rail Link

A railway linking the domestic and international terminals at Sydney (Kingsford Smith) Airport with the Sydney Central Business District and the East Hills railway line in the vicinity of Turrella.

10 Tugun Bypass

A 4-lane dual carriageway freeway with provision to upgrade to 6 traffic lanes in the future. The bypass would run to the south and west of the Gold Coast Airport runway generally between the NSW–Queensland border (in the vicinity of Boyd Street) to join with the Pacific Highway at West Tweed Heads (in the vicinity of Kennedy Drive), a distance of approximately 4.1km.

Schedule 3 Traffic generating development to be referred to the RTA

(Clause 104)

Column 1	Column 2	Column 3
Purpose of development Note— The development may be the erection of new premises or the enlargement or extension of existing premises	Size or capacity—site with access to any road	Size or capacity—site with access to classified road or to road that connects to classified road (if access within 90m of connection, measured along alignment of connecting road)
Apartment or residential flat building	300 or more dwellings	75 or more dwellings
Area used exclusively for parking or any other development having ancillary parking accommodation	200 or more motor vehicles	50 or more motor vehicles
Commercial premises	10,000m2 in area	2,500m2 in area
Commercial premises and industry	15,000 m2 in area	4,000m2 in area
Drive-in theatres	200 or more motor vehicles	50 or more motor vehicles
Drive-in take away food outlets	200 or more motor vehicles	Any size or capacity
Educational establishments	50 or more students
Freight intermodal facilities and freight terminals	Any size or capacity
Heliports, airports or aerodromes	Any size or capacity
Hospital	200 or more beds	100 or more beds
Industry	20,000m2 in area	5,000m2 in area
Landfill, recycling facilities, waste transfer station	Any size or capacity
Motor showrooms	200 or more motor vehicles	50 or more motor vehicles
Parking	200 or more motor vehicles	50 or more motor vehicles
Places of assembly or places of public worship	200 or more motor vehicles	50 or more motor vehicles
Premises licensed under the Liquor Act 1982 or the Registered Clubs Act 1976	200 or more motor vehicles	50 or more motor vehicles
Refreshment rooms	200 or more motor vehicles	300m2
Roadside stalls, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale	200 or more motor vehicles	Any size or capacity
Service stations (including service stations which have retail outlets)	200 or more motor vehicles	Any size or capacity
Shops	2,000m2	500m2
Shops and commercial premises	4,000m2	1,000m2
Subdivision of land	200 or more allotments where the subdivision includes the opening of a public road	50 or more allotments
Tourist facilities, recreation facilities, showgrounds or sportsgrounds	200 or more motor vehicles	50 or more motor vehicles
Transport terminals, bulk stores, container depots or liquid fuel depots	8,000m2
Any other purpose	200 or more motor vehicles

Schedule 4 Repeals

(Clause 10 (1))

State Environmental Planning Policy No 3—Castlereagh Liquid Waste Disposal Depot

State Environmental Planning Policy No 7—Port Kembla Coal Loader

State Environmental Planning Policy No 8—Surplus Public Land

State Environmental Planning Policy No 9—Group Homes

State Environmental Planning Policy No 11—Traffic Generating Developments

State Environmental Planning Policy No 16—Tertiary Institutions

State Environmental Planning Policy No 27—Prison Sites

State Environmental Planning Policy No 31—Sydney (Kingsford Smith) Airport

State Environmental Planning Policy No 35—Maintenance Dredging of Tidal Waterways

State Environmental Planning Policy No 43—New Southern Railway

State Environmental Planning Policy No 48—Major Putrescible Landfill Sites

State Environmental Planning Policy No 51—Eastern Distributor

State Environmental Planning Policy No 54—Northside Storage Tunnel

State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports

State Environmental Planning Policy No 63—Major Transport Projects

State Environmental Planning Policy No 67—Macquarie Generation Industrial Development Strategy

State Environmental Planning Policy No 69—Major Electricity Supply Projects

State Environmental Planning Policy No 72—Linear Telecommunications Development—Broadband

State Environmental Planning Policy (ARTC Rail Infrastructure) 2004

State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004

Schedule 5 (Repealed)

sch 5: Rep 2007 (641), cl 10 (3).