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 2012, 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.
pt 1, note: Am 2016 No 55, Sch 3.31 [3].
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, and(g) providing opportunities for infrastructure to demonstrate good design outcomes.cl 2: Am 2018 (507), Sch 1 [1].
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 State Environmental Planning Policy (Infrastructure) Amendment 2018.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.capital investment value of development has the same meaning as in the Environmental Planning and Assessment Regulation 2000.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.has the same meaning as it has in the Act.emergency works means works carried out in response 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, orprovided 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.(c) damage caused by vandalism, arson or a pollution incident,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, architectural, natural or aesthetic significance.infrastructure facility means development that is the subject of development controls under Part 3.Lighting for Roads and Public Spaces Standard means the following Australian and New Zealand Standards—(a) AS/NZS 1158.0:2005, Lighting for roads and public spaces, Part 0: Introduction,(b) AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1: Vehicular traffic (Category V) lighting—Performance and design requirements,(c) AS/NZS 1158.1.2:2010, Lighting for roads and public spaces, Part 1.2: Vehicular traffic (Category V) lighting—Guide to design, installation, operation and maintenance,(d) AS/NZS 1158.2:2005, Lighting for roads and public spaces, Part 2: Computer procedures for the calculation of light technical parameters for Category V and Category P lighting,(e) AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements,(f) AS/NZS 1158.4:2009, Lighting for roads and public spaces, Part 4: Lighting of pedestrian crossings,(g) AS/NZS 1158.5:2007, Lighting for roads and public spaces, Part 5: Tunnels and underpasses,(h) AS/NZS 1158.6:2010, Lighting for roads and public spaces, Part 6: Luminaires.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.maintenance includes repair.primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.—(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 (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 Land Management Act 2016, 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.telecommunications facility—see clause 113.the Act means the Environmental Planning and Assessment Act 1979.Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.waste has the same meaning as in Schedule 3 to the Environmental Planning and Assessment Regulation 2000.written notice includes notice by electronic mail or facsimile.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.(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) investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling),(f) clearing of vegetation (including any necessary cutting, pruning, 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, pruning, 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]; 2010 (173), Sch 1.1; 2010 (665), Sch 1 [1]; 2010 (754), Sch 1 [1]; 2017 (734), Sch 21 [1]–[4]; 2018 No 18, Sch 2.18 [1]; 2018 (507), Schs 1 [2]–[6], 3 [1], 4 [1]; 2020 No 30, Sch 4.97[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 3.20(2) of the Act—(a) that the Secretary 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.(2A) Despite subclause (1), in relation to land—(a) to which an environmental planning instrument that is not made as provided by section 3.20(2) of the Act applies, anda reference in this Policy to a lot or land in a named land use zone is a reference to a lot or land specified in a land use zone that is equivalent to such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.(b) to which a draft environmental planning instrument that complies with that section and that has been the subject of community consultation also applies,(2B) In subclause (2A), community consultation means community consultation under clause 4 of Schedule 1 to the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the Environmental Planning and Assessment Regulation 2000).(3) In this clause, 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 Secretary.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]. Am 2013 (706), Sch 2.11 [1]; 2018 (68), Sch 2 [1].
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.
7A Preconditions to carrying out certain development
For the purposes of this Policy, and despite any other provision of this Policy, development that is subject to a precondition that must be satisfied before it may be carried out without development consent is not development that may be carried out without development consent under this Policy until the precondition is satisfied.cl 7A: Ins 2018 (507), Sch 1 [7].
8 Relationship to other environmental planning instruments
Note—This clause is subject to section 3.28(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 subclauses (3) and (4), if there is an inconsistency between a provision of this Policy and any of the following provisions of another environmental planning instrument, the provision of the other instrument prevails to the extent of the inconsistency—(a) clauses 10, 11 and 19 of State Environmental Planning Policy (Coastal Management) 2018,(b) all of the provisions of State Environmental Planning Policy (State Significant Precincts) 2005.(3) Clause 48B of this Policy prevails over clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 to the extent of any inconsistency.(4) A provision of this Policy that permits development for the purpose of emergency works or routine maintenance works to be carried out without consent, or that provides that development for that purpose is exempt development, prevails over clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 to the extent of any inconsistency, but only if any adverse effect on the land concerned is restricted to the minimum possible to allow the works to be carried out.(5) For the avoidance of doubt, development to which subclause (3) or (4) applies is not declared designated development for the purposes of the Act.cl 8: Am 2010 (754), Sch 1 [2]; 2014 (97), Sch 2.3 [1]; 2016 No 55, Sch 3.31 [4]; 2018 (68), Sch 2 [1]; 2018 (106), Sch 2.15 [1].
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) (Repealed)(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 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).cl 9: Am 2016 No 60, Sch 3, cl 2; 2017 (734), Sch 21 [5].
10 (Repealed)
cl 10: Am 2011 No 27, Sch 2.50 [1]. Rep 2016 No 60, Sch 3, cl 2.
11 Savings provisions
(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.(1A) Division 3 of Part 3, as inserted by State Environmental Planning Policy Amendment (Data Storage) 2019, applies to the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of that Policy.(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).cl 11: Am 2019 (537), Sch 1.1[1].
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 (together with a scope of works) 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.cl 13: Am 2017 (734), Sch 1 [1].
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 affect the heritage significance of a local heritage item, or of a heritage conservation area, that is not also a State heritage item, in a way that is more than minor or inconsequential, 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 and a scope of works, 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.cl 14: Am 2017 (734), Sch 1 [2] [3]; 2018 (507), Sch 2 [1].
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 (together with a scope of works) 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.cl 15: Am 2017 (734), Sch 1 [1].
15AA Consultation with State Emergency Service—development with impacts on flood liable land
(1) A public authority, or a person acting on behalf of a public authority, must not carry out development on flood liable land that may be carried out without development consent under a relevant provision unless the authority or person has—(a) given written notice of the intention to carry out the development (together with a scope of works) to the State Emergency Service, and(b) taken into consideration any response to the notice that is received from the State Emergency Service within 21 days after the notice is given.(2) Any of the following provisions in Part 3 is a relevant provision—(a) Division 1 (Air transport facilities),(b) Division 2 (Correctional centres and correctional complexes),(c) Division 6 (Emergency services facilities and bush fire hazard reduction),(d) Division 10 (Health services facilities),(e) Division 14 (Public administration buildings and buildings of the Crown),(f) Division 15 (Railways),(g) Division 16 (Research and monitoring stations),(h) Division 17 (Roads and traffic),(i) Division 20 (Stormwater management systems).(3) This clause does not apply in relation to the carrying out of minor alterations or additions to, or the demolition of, a building, emergency works or routine maintenance.(4) 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.cl 15AA: Ins 2018 (507), Sch 2 [2].
15A Consultation with councils—development with impacts on certain land within the coastal zone
(1) This clause applies to development on land that is within a coastal vulnerability area and is inconsistent with a certified coastal management program that applies to that land.(2) A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies, which this Policy provides may be carried out without development consent, unless the authority or person has—(a) given written notice of the intention to carry out the development to the council for the local government 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.(3) In this clause—certified coastal management program has the same meaning as in State Environmental Planning Policy (Coastal Management) 2018.coastal vulnerability area has the same meaning as in the Coastal Management Act 2016.cl 15A: Ins 2018 (106), Sch 2.15 [2]. Am 2018 (507), Sch 2 [3].
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 (together with a scope of works) 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 in relation to that development—(a) development adjacent to land reserved under the National Parks and Wildlife Act 1974 or to land acquired under Part 11 of that Act—the Office of Environment and Heritage,(b) development on land in Zone E1 National Parks and Nature Reserves or in a land use zone that is equivalent to that zone, other than land reserved under the National Parks and Wildlife Act 1974—the Office of Environment and Heritage,(c), (d) (Repealed)(e) development comprising a fixed or floating structure in or over navigable waters—Transport for NSW,(f) (Repealed)(g) development that may increase the amount of artificial light in the night sky and that is on land within the dark sky region as identified on the dark sky region map—the Director of the Observatory,Note—The dark sky region is land within 200 kilometres of the Siding Spring Observatory.(h) development on defence communications facility buffer land within the meaning of clause 5.15 of the Standard Instrument—the Secretary of the Commonwealth Department of Defence,Note—Defence communications facility buffer land is located around the defence communications facility near Morundah. See the Defence Communications Facility Buffer Map referred to in clause 5.15 of Lockhart Local Environmental Plan 2012, Narrandera Local Environmental Plan 2013 and Urana Local Environmental Plan 2011.(i) development on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961—the Mine Subsidence Board.(3) In this clause—dark sky region map means the map marked “Dark Sky Region Map” held in the head office of the Department of Planning and Environment.Note—Clause 18A(2) of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 requires public authorities (or persons acting on their behalf) to consult with the Department of Planning and Environment before carrying out any development comprising the clearing of native vegetation on certain land within a growth centre (within the meaning of that Policy). The land concerned is land other than the subject land (within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995). The subject land is generally land to which precinct plans apply under that Policy.cl 16: Am 2012 (189), Sch 2 [1]; 2012 (538), Sch 2.4 [1] [2]; 2016 (310), Sch 4.30 [1] [2]; 2016 No 55, Sch 3.31 [5]–[8]; 2017 (494), Sch 6.3 [1]; 2017 (734), Sch 1 [1] [4] [5]; 2018 (68), Sch 2 [1]; 2020 (69), Sch 2.5; 2020 No 30, Sch 4.97[2]; 2021 (716), Sch 1.28[1] [2].
16A Consideration of Planning for Bush Fire Protection
(1) This clause applies to development for the following purposes that this Policy provides may be carried out without development consent—(a) health services facilities,(b) correctional centres,(c) residential accommodation.(2) A public authority, or a person acting on behalf of a public authority, must consider Planning for Bush Fire Protection before carrying out the development in an area that is bush fire prone land.(3) In this clause—bush fire prone land means land recorded for the time being as bush fire prone land on a map certified under the Act, section 10.3(2).Planning for Bush Fire Protection means the document entitled Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, Industry and Environment, dated November 2019.cl 16A: Ins 2021 (716), Sch 1.28[3].
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 Secretary 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) In this clause, prescribed State land means State land that is—(a) not subject to a standard local environmental plan made as provided by section 3.20(2) of the Act, and(b) not zoned for conservation purposes under an environmental planning instrument, and(c) not a forestry area within the meaning of the Forestry Act 2012, and(d) not reserved under the National Parks and Wildlife Act 1974, and(e) not reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose.(2) Development on land for a purpose that is permitted without consent by the zoning of that land may be carried out without consent on adjacent land that is prescribed State land despite any local environmental plan applying to that adjacent land.Note—This subclause and subclause (3) apply whether or not the land to which the relevant zoning applies and the adjacent State land (or former State land) are subject to the same environmental planning instruments.(3) Development on land for a purpose that is permitted with consent by the zoning of that land may be carried out with consent on adjacent land, despite any local environmental plan applying to that adjacent land, if—(a) there is a valid site compatibility certificate applying to the development, and(b) the adjacent land was prescribed State land when the Secretary issued the certificate.(3A) However, subclause (3) does not apply in relation to the development if the adjacent land concerned is no longer prescribed State land because it is—(a) a forestry area within the meaning of the Forestry Act 2012, or(b) reserved under the National Parks and Wildlife Act 1974, or(c) reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose.(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) (Repealed)(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.cl 18: Am 2011 (116), Sch 1.3 [1]; 2011 (385), Sch 1.3 [1]; 2016 No 55, Sch 3.31 [9]; 2017 (734), Sch 21 [6] [7]; 2018 (68), Sch 2 [1]; 2018 (507), Sch 3 [1].
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 Secretary—(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 clause—(a) must be in writing in the form approved by the Secretary, and(b) must be accompanied by such documents and information as the Secretary may require, and(c) must be accompanied by such fee, if any, as is prescribed by the regulations.(3) The Secretary may request further documents and information to be furnished in connection with an application under this clause.(4) Within 7 days after the application is made, the Secretary 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 Secretary refuses, before those 7 days have elapsed, to issue a certificate.(5) Subject to subclause (6), the Secretary may determine the application by issuing a certificate or refusing to do so.(6) The Secretary must not issue a certificate unless the Secretary—(a) has taken into account any comments received from the council within 21 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 Secretary, 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]; 2013 No 111, Sch 3.28 [1]; 2017 (734), Sch 21 [8].
Division 4 Exempt development
Note 1—
Section 4.1 of the Act contains requirements applying to exempt development.
Note 2—
In addition to the requirements set out in this Policy in relation to exempt development, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to the kind of exempt development concerned may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
pt 2, div 4, note: Ins 2010 (754), Sch 1 [3]. Am 2017 (734), Sch 2 [1]; 2018 (68), Sch 2 [1].
20 General requirements for exempt development
(1) This clause applies to any development that this Policy provides is exempt development.Note—Clause 20A and other provisions of this Policy identify kinds of development that are exempt development if they meet 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, or if there are no such relevant provisions, must be structurally adequate, and(b) must not, if it relates to an existing building—(i) cause the building to contravene the Building Code of Australia, or(ii) compromise the fire safety of the building or affect access to any fire exit, and(c) must be carried out in accordance with all relevant requirements of the Blue Book, and(d) must not be designated development, andNote—Designated development is defined in section 4.10 of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations.(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, and(e1) must not involve the demolition of a building or work that is, or is part of, a State or local heritage item, and(e2) if it involves the demolition of a building, must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures, and(f) must be installed in accordance with the manufacturer’s specifications, if applicable, and(g) must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, andNote—A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.(h) must not involve the removal of asbestos, unless that removal is undertaken in accordance with Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority.cl 20: Subst 2010 (754), Sch 1 [4]. Am 2017 (734), Sch 2 [2] [3]; 2018 (68), Sch 2 [1].
20A Exempt development carried out by public authorities for purposes in Schedule 1
(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 clause 20.(2) This clause does not apply to development carried out by public authorities in connection with an existing educational establishment.Note—State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 provides for exempt development carried out by public authorities in connection with an existing educational establishment.(3) Any other provision of this Policy prevails over Schedule 1 to this Policy to the extent of any inconsistency.cl 20A: Ins 2010 (754), Sch 1 [4]. Am 2017 (494), Sch 6.3 [2]; 2018 (507), Sch 4 [2].
Division 5 Complying development
Note—
Clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains requirements that must be met for development to be complying development.
pt 2, div 5: Ins 2010 (754), Sch 1 [5].
pt 2, div 5, note: Ins 2010 (754), Sch 1 [5]. Rep 2014 No 33, Sch 2.37 [1]. Ins 2017 (734), Sch 2 [4].
20B General requirements for complying development
(1) This clause applies to any development that this Policy provides is complying development.(2) To be complying development, the development must—(a) not be exempt development under this Policy, and(b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, andNote—Accordingly, development that is permitted to be carried out without consent is not complying development.(c) meet the relevant provisions of the Building Code of Australia, and(c1) must be carried out in accordance with the relevant provisions of the Blue Book, and(d) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993—(i) for each opening of a public road required by the development, and(ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and(e) if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, have the prior approval of the Mine Subsidence Board, andNote—Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7(2) of the Act.(f) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, andNote—A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.(g) not be carried out within 1m of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and(h) not involve the removal of asbestos, unless that removal is undertaken in accordance with Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority.cl 20B: Ins 2010 (754), Sch 1 [5]. Am 2017 (734), Sch 2 [5] [6]; 2018 (68), Sch 2 [1]; 2018 (507), Sch 4 [3].
20C General conditions of complying development certificates
Note—The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.(1) General A complying development certificate for complying development under this Policy is subject to the conditions specified in this clause.Note—The regulations made under the Act contain additional conditions of a complying development certificate.(2) Conditions applying before works commence A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works—(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining lands by falling objects, or(c) involve the enclosure of a public place or part of a public place.Note—See the entry for hoardings in Schedule 1. See also the entry for scaffolding, hoardings and temporary construction site fences in the General Exempt Development Code in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.(3) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.(4) Each toilet must—(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or(c) be a temporary chemical closet approved under the Local Government Act 1993.(5) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.(6) Conditions applying during works Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.(7) Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.(7A) If works involve the demolition of a building, demolition must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures.(8) Erosion and sediment controls must be effectively maintained until the site has been stabilised and landscaped.(8A) If any object (other than an Aboriginal object) having interest due to its age or association with the past is discovered during the course of the work—(a) all work must stop immediately, and(b) the Office of Environment and Heritage must be advised of the discovery.Note—Depending on the nature and significance of the object, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before the work can continue.(8B) If any Aboriginal object (including any evidence of habitation or remains) is discovered during the course of the work—(a) all work must stop immediately, and(b) the Chief Executive of the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.Note—If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.(8C) Dirt, sand and other materials relating to the construction or other work comprised in the development and loaded on to any vehicles entering or leaving the site must be covered.(8D) All vehicles, before leaving the site, must be cleaned of dirt, sand or other materials that have adhered during that construction or other work and could be tracked onto public roads.(9) Building, or demolition, materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(10) Demolition materials and waste materials must be sorted, and must be disposed of at a waste or resource management facility.(11) The work site must be left clear of waste and debris at the completion of the works.(12) Utility services If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.(13) Post-works requirements If—(a) the development involves the erection or change of use of a building within a water supply authority’s area of operations, andthe building cannot be occupied before such a certificate has been obtained.(b) the water supply authority requires a certificate of compliance to be obtained with respect to the erection or change of use of the building,(14) In this clause—certificate of compliance, in relation to a water supply authority, means a certificate of compliance issued by the water supply authority under the Act under which the water supply authority is constituted.means—(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.cl 20C: Ins 2010 (754), Sch 1 [5]. Am 2017 (734), Sch 2 [7] [8]; 2018 (507), Sch 4 [4].
Part 3 Development controls
Division 1 Air transport facilities
21 (Repealed)
cl 21: Rep 2018 (507), Sch 5.
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 Primary Production Small Lots,(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 transport facilities,(b) facilities for the receipt, forwarding or storage of freight,(c) hangars for aircraft storage or maintenance,(d) commercial premises,(e) industries,(f) recreation areas, recreation facilities (indoor) or recreation facilities (outdoor),(g) residential accommodation,(h) tourist and visitor accommodation.cl 23: Am 2017 (734), Schs 3, 21 [9]. Subst 2018 (507), Sch 5.
Division 2 Correctional centres and correctional complexes
pt 3, div 2, hdg: Am 2016 (139), Sch 1 [1].
24 Definitions
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 declared under section 225A of that Act, andbut does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.(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,correctional complex means any premises declared to be a correctional complex by a proclamation in force under section 224 of the Crimes (Administration of Sentences) Act 1999.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 Primary Production Small Lots,(c) RU6 Transition,(d) B4 Mixed Use,(e) SP1 Special Activities,(f) SP2 Infrastructure.cl 24: Am 2016 (139), Sch 1 [2] [3].
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 or within the boundaries of an existing correctional complex.(2) (Repealed)(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,(f) health services facilities,(g) industries,(h) recreational facilities.cl 25: Am 2018 (507), Sch 6 [1]–[3].
26 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 any land if the development is carried out within the boundaries of an existing correctional centre—(a) replacement of buildings,(b) alterations of, or additions to, a correctional centre,(c) demolition of buildings.(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 if the development is carried out within the boundaries of an existing correctional complex—(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 a correctional complex,(e) alterations of, or additions to, a building within a correctional complex,(f) construction or realignment of security fencing with a height of not more than 12 metres above ground level (existing),(g) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, if any such facility does not exceed 1 storey and is setback at least 5 metres from any boundary with a residential zone and at least 1 metre from any other zone boundary.(3) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land identified on the Correctional Centres Map—(a) correctional centres, if the land is identified as “Centre” on the Correctional Centres Map,(b) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, provided any such facility is erected within the boundaries of a correctional complex.(4) In this clause, Correctional Centres Map means the State Environmental Planning Policy (Infrastructure) 2007 Correctional Centres Map.cl 26: Am 2016 (139), Sch 1 [4]; 2016 No 27, Sch 2.46. Subst 2018 (507), Sch 6 [4].
26A Exempt development
Development for any of the following purposes is exempt development if it complies with clause 20 and is carried out by or on behalf of a public authority within the boundaries of an existing correctional centre—(a) demolition of buildings, if the footprint of the building covers an area no greater than 250 square metres,(b) at grade car parks,(c) outdoor recreational facilities, including playing fields and associated earthworks,(d) environmental management works,(e) landscaping, including landscape structures or features and irrigation systems (whether or not they use recycled water),(f) emergency or maintenance works in relation to security fences.cl 26A: Ins 2016 (139), Sch 1 [5]. Am 2018 (507), Sch 6 [5].
26B Complying development
(1) Development carried out by or on behalf of a public authority on land within the boundaries of an existing correctional centre is complying development if—(a) the development consists of the replacement of, construction of, or alterations or additions to accommodation, administration or other facilities, and(b) the development complies with this clause and clause 20B (General requirements for complying development).(c), (d) (Repealed)(2) 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 12 metres.(b) Side and rear setback standard. A building must be located at least 5 metres from any side or rear boundary of the land.cl 26B: Ins 2016 (139), Sch 1 [5]. Am 2018 (507), Sch 6 [6] [7].
Division 3 Data storage
pt 3, div 3: Rep 2017 (494), Sch 6.3 [3]. Ins 2019 (537), Sch 1.1[2].
27 Development permitted with consent
(1) Development for the purpose of storage premises used for the storage of data and related information technology hardware may be carried out by any person with consent on land in a prescribed zone.(2) In this clause—prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—(a) B5 Business Development,(b) B6 Enterprise Corridor,(c) B7 Business Park,(d) IN1 General Industrial,(e) IN2 Light Industrial,(f) IN3 Heavy Industrial.cl 27: Am 2008 (461), Sch 1 [1]; 2009 (61), Sch 1 [4]; 2011 (83), Sch 3 [1]. Rep 2017 (494), Sch 6.3 [3]. Ins 2019 (537), Sch 1.1[2].
Division 3A Dog-proof fences in Western Division of State
pt 3, div 3A: Ins 2020 (763), Sch 1[1].
28 Definitions
In this Division—border fence means the Queensland Border Fence, the South Australian Border Fence and an extended border fence.dog-proof fence, Queensland Border Fence and South Australian Border Fence have the same meanings as in the Border Fence Maintenance Act 1921.extended border fence means a dog-proof fence that is an extension of the Queensland Border Fence or the South Australian Border Fence.relevant land means land in the Western Division that is along and in the vicinity of the borders between New South Wales and South Australia and New South Wales and Queensland and includes land in the vicinity of the Queensland Border Fence or the South Australian Border Fence.Western Division has the same meaning as in the Crown Land Management Act 2016.cl 28: Am 2009 (61), Sch 1 [5]; 2009 (327), Sch 1 [1]; 2012 (43), Sch 1 [1] [2]. Rep 2017 (494), Sch 6.3 [3]. Ins 2020 (763), Sch 1[1].
29 Development permitted without consent
(1) Development for the following purposes may be carried out by any person without development consent on relevant land—(a) maintenance or reconstruction of a border fence,(b) the laying of a clay surface alongside a border fence to stabilise it and any associated excavation.(2) Development for the purposes of the construction of an extended border fence may be carried out by or on behalf of a public authority without development consent on relevant land.cl 29: Am 2008 (461), Sch 1 [2] [3]; 2009 (327), Sch 1 [2] [3]. Rep 2017 (494), Sch 6.3 [3]. Ins 2020 (763), Sch 1[1].
30 Exempt development
(1) Development on relevant land in connection with a dog-proof fence for the following purposes is exempt development—(a) emergency repairs,(b) installation, maintenance or removal of gates, signage or wires.(2) Development is exempt development under this clause only if the development—(a) complies with clause 20, and(b) involves no greater disturbance to the ground or native vegetation than necessary, and(c) does not disturb any ground or native vegetation that is more than 8 metres from the dog-proof fence.cl 30: Rep 2017 (494), Sch 6.3 [3]. Ins 2020 (763), Sch 1[1].
31–32 (Repealed)
cl 31: Am 2008 (461), Sch 1 [4]; 2010 (754), Sch 1 [6]–[8]; 2016 No 55, Sch 3.31 [10]. Rep 2017 (494), Sch 6.3 [3].
cl 31A: Ins 2008 (461), Sch 1 [5]. Am 2009 (61), Sch 1 [6]; 2009 (327), Sch 1 [4]–[6]; 2010 (754), Sch 1 [9]. Rep 2017 (494), Sch 6.3 [3].
cl 31B: Ins 2008 (461), Sch 1 [5]. Rep 2009 (61), Sch 1 [7].
cl 31C: Ins 2008 (461), Sch 1 [5]. Am 2010 (754), Sch 1 [10]–[12]. Rep 2017 (494), Sch 6.3 [3].
cl 32: Am 2009 (61), Sch 1 [8] [9]; 2009 (137), Sch 1 [1] [2]; 2016 No 55, Sch 3.31 [10]. Rep 2017 (494), Sch 6.3 [3].
Division 4 Electricity generating works or solar energy systems
pt 3, div 4, hdg: Am 2010 (754), Sch 1 [13].
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—(a) making or generating electricity, or(b) electricity storage.prescribed residential zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—(a) Zone R1 General Residential,(b) Zone R2 Low Density Residential,(c) Zone R3 Medium Density Residential,(d) Zone R4 High Density Residential,(e) Zone R5 Large Lot Residential,(f) Zone RU5 Village.prescribed rural zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(c) Zone RU3 Forestry,(d) Zone RU4 Primary Production Small Lots.prescribed rural, industrial or special use 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 Primary Production Small Lots,(e) IN1 General Industrial,(f) IN2 Light Industrial,(g) IN3 Heavy Industrial,(h) IN4 Working Waterfront,(i) SP1 Special Activities,(j) SP2 Infrastructure.small wind turbine means a wind turbine that has a generating capacity of no more than 100kW.small wind turbine system means a system comprising one or more small wind turbines each of which feed into the same grid or battery bank.solar energy system means any of the following systems—(a) a photovoltaic electricity generating system,(b) a solar hot water system,(c) a solar air heating system.waste or resource management facility has the same meaning as in the Standard Instrument.cl 33: Am 2010 (754), Sch 1 [14]; 2017 (734), Sch 4 [1]; 2020 (156), Sch 1[1].
34 Development permitted with consent
(1) Development for the purpose of electricity generating works may be carried out by any person with consent on the following land—(a) in the case of electricity generating works comprising a building or place used for the purpose of making or generating electricity using waves, tides or aquatic thermal as the relevant fuel source—on any land,(b) in any other case—any land in a prescribed rural, industrial or special use 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.(2A) Development for the purpose of the expansion of existing electricity generating works may be carried out by or on behalf of a public authority with consent on any land that is adjacent to the existing works.(2B) Consent is not required to carry out any such development on land if the development could, but for subclause (2A), be carried out on that land without consent.(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, ormay 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.(b) a waste or resource management facility,(5) Without limiting subclause (1), development for the purpose of a small wind turbine system may be carried out by any person with consent on any land.(6) However, subclause (5) only applies in relation to land in a prescribed residential zone if—(a) the small wind turbine system has the capacity to generate no more than 10kW, and(b) the height of any ground-mounted small wind turbine in the system from ground level (existing) to the topmost point of the wind turbine is no more than 18m.(7) Solar energy systems Development for the purpose of a solar energy system may be carried out by any person with consent on any land.(8) (Repealed)cl 34: Am 2010 (754), Sch 1 [15] [16]; 2013 (287), Sch 1 [1]; 2018 (507), Sch 7 [1]; 2020 (156), Sch 1[2] [3].
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 any of the following purposes may be carried out by or on behalf of a public authority without consent on any land—(a) the generation or distribution of hydro-electric power using existing dam infrastructure,(b) routine maintenance of, or emergency works relating to, electricity generating works,(c) the installation of plant that—(i) is on the site of, and required in connection with, existing electricity generating works, and(ii) does not increase the existing electricity generating capacity of the works by more than 2 percent.(1A) In subclause (1)(c), existing electricity generating capacity of works includes the electricity generating capacity of the works, as changed from time to time as a result of the alteration of the works (other than solely as a result of alterations that have been carried out in reliance on that paragraph).(2) If, under any environmental planning instrument (including this Policy), development for the purpose of sewage treatment plants 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.(3) Solar energy systems Development for the purpose of a solar energy system may be carried out by or on behalf of a public authority without consent on any land if it is ancillary to—(a) an existing infrastructure facility, or(b) an educational establishment within the meaning of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.cl 36: Am 2010 (754), Sch 1 [17]; 2013 (287), Sch 1 [2]; 2017 (734), Sch 4 [2]; 2019 (657), cl 4(1); 2020 (156), Sch 1[4].
37 Complying development
(1) Small wind turbine systems Development for the purpose of a small wind turbine system is complying development on any land if—(a) the development complies with clause 20B, and(b) the land is not in a heritage conservation area, and(c) the system is installed no less than—(i) 25 metres—in the case of a system that has a source sound power level of 0–70 dB(A), or(ii) 40 metres—in the case of a system that has a source sound power level of 71–80 dB(A), or(iii) 126 metres—in the case of a system that has a source sound power level of 81–90 dB(A), or(iv) 200 metres—in the case of a system that has a source sound power level of more than 91 dB(A), orfrom any dwelling that is not owned or occupied by the owner of the system, and(v) 200 metres—in the case of a system that has an unknown source sound power level,(d) the system is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and(e) the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and(f) in the case of any ground-mounted small wind turbine in the system—the turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and(g) in the case of land in a prescribed residential zone—(i) the system has the capacity to generate no more than 10kW, and(ii) if the system is ground-mounted—(A) the development will result in no more than one small wind turbine being situated on the lot concerned, and(B) the small wind turbine has a height of not more than 18m above ground level (existing), and(C) the small wind turbine is not installed forward of any existing building line on the lot concerned that faces a primary road, and(iii) if the system is not ground-mounted—(A) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and(B) each small wind turbine does not protrude more than 3m above any building to which it is attached (as measured from the point of attachment), and(C) each small wind turbine is not attached to a wall or roof facing a primary road, and(h) in the case of land in a prescribed rural, industrial or special use zone—(i) the system has the capacity to generate no more than 100kW, and(ii) if the system is ground-mounted—(A) the development will result in no more than 3 small wind turbines being situated on the lot concerned, and(B) each small wind turbine has a height of not more than 35m above ground level (existing), and(iii) if the system is not ground-mounted—(A) the development will result in no more than 4 small wind turbines being situated on the lot concerned, and(B) each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment), and(i) in the case of land in any land use zone other than a land use zone referred to in paragraph (g) or (h)—(i) the system has the capacity to generate no more than 100kW, and(ii) if the system is ground-mounted—(A) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and(B) each small wind turbine has a height of not more than 26m above ground level (existing), and(iii) if the system is not ground-mounted—(A) the development will result in no more than 4 small wind turbines being situated on the lot concerned, and(B) each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment).(2) Solar energy systems Development for the purpose of a solar energy system is complying development on any land if—(a) the development complies with clause 20B, and(b) the land is not in a heritage conservation area, and(c) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and(d) in the case of development for the purposes of a system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and(e) in the case of a system that is ground-mounted—(i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m2, and(ii) the system has a height of not more than 10m above ground level (existing), and(iii) the system is installed no less than 10m from any adjoining property boundary, and(iv) if the system involves the use of mirrors or lenses to reflect or concentrate sunlight—the system is installed no less than 100m from any dwelling or other building that is not owned or occupied by the owner of the system, and(v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 50m from any dwelling that is not owned or occupied by the owner of the system, and(f) in the case of a system that is not ground-mounted—(i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, andNote—The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.(ii) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and(iii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and(iv) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—(A) the system does not protrude more than 1.5m from any building to which it is attached (as measured from the point of attachment), and(B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and(v) the system does not protrude more than 3m from any building to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.(3) For the purposes of subclause (1)(c), a source sound power level is a level that is measured at a wind speed of no less than 8 metres per second and in accordance with the International Standard IEC 61400—11Noise Measurement.cl 37: Subst 2010 (754), Sch 1 [18]. Am 2017 (734), Sch 4 [3]–[5]; 2020 (156), Sch 1[5]; 2020 (333), Sch 1[1].
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) Small wind turbine systems Development for the purpose of a small wind turbine system is exempt development on land in a prescribed rural zone if—(a) it complies with clause 20 (other than clause 20(2)(f)), and(b) the system is ground-mounted, and(c) each small wind turbine has a height of not more than 35m from ground level (existing), and(d) each small wind turbine is installed no less than 200m from any dwelling that is not owned or occupied by the owner of the system, and(e) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and(f) each small wind turbine is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and(g) each small wind turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and(h) the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind systems under the Clean Energy Council’s wind endorsement scheme, and(i) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned.(1A) Wind monitoring towers The installation of a wind monitoring tower used in connection with investigating or determining the feasibility of a small wind turbine system that has a generating capacity of no more than 1 MW is exempt development on any land if—(a) it complies with clause 20 (other than clause 20(2)(f)), and(b) the tower is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and(c) the tower does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and(d) the tower is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and(e) if the land contains a State or local heritage item or is in a heritage conservation area—the tower is not visible from any road at the point where the road adjoins the property boundary concerned, and(f) in the case of land in a prescribed residential zone—(i) there is no other wind monitoring tower installed on the lot concerned, and(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 18m, and(iii) the tower is installed no less than 18m from any dwelling that is not owned or occupied by the owner of the tower, and(g) in the case of land in a prescribed rural, industrial or special use zone—(i) there are no more than 2 other wind monitoring towers installed on the lot concerned, and(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 35m, and(iii) the tower is installed no less than 35m from any dwelling that is not owned or occupied by the owner of the tower, and(h) in the case of land in any land use zone (other than a land use zone referred to in paragraph (f) or (g))—(i) there is no more than one other wind monitoring tower installed on the lot concerned, and(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 26m, and(iii) the tower is installed no less than 26m from any dwelling that is not owned or occupied by the owner of the tower, and(i) in the case of a development application in relation to the small wind turbine system to be used in connection with the tower that is refused or withdrawn—the tower is demolished within 3 months after the decision to refuse or withdraw the application.(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 that has a generating capacity of more than 1 MW is exempt development if—(a) it complies with clause 20, 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.(3) Solar energy systems Development for the purpose of a solar energy system is exempt development if—(a) it complies with clause 20 (other than clause 20(2)(f)), and(b) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and(c) in the case of development for the purpose of any solar energy system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and(d) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and(e) in the case of a system that is ground-mounted—(i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 150m2, and(ii) the system has a height of not more than 5m above ground level (existing), and(iii) the system is installed no less than 3m from any adjoining property boundary, and(iv) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned, and(v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 10m from any dwelling that is not owned or occupied by the owner of the system, and(f) in the case of a system that is not ground-mounted—(i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, andNote—The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.(ii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and(iii) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—(A) the system does not protrude more than 1m from any building to which it is attached (as measured from the point of attachment), and(B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and(iv) if the land contains a State or local heritage item or is in a heritage conservation area—(A) the system is not attached to any wall or roof of a building facing a primary road, and(B) the system does not protrude more than 0.5m from any building to which it is attached (as measured from the point of attachment), and(v) the system does not protrude more than 1.5m from any building or structure to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.(vi) (Repealed)cl 39: Am 2010 (754), Sch 1 [6] [19]–[21]; 2017 (734), Sch 4 [4]–[7]; 2020 (156), Sch 1[6]–[8].
39A Determination of development applications for solar or wind electricity generating works on certain land
(1) This clause applies to development in a regional city for the purposes of electricity generating works using a solar or wind energy source that is—(a) State significant development, or(b) regionally significant development.(2) Development consent must not be granted unless the consent authority is satisfied that the development—(a) is located to avoid significant conflict with existing or approved residential or commercial uses of land surrounding the development, and(b) is unlikely to have a significant adverse impact on the regional city’s—(i) capacity for growth, or(ii) scenic quality and landscape character.(3) In determining whether to grant development consent, the consent authority must consider measures proposed to be included in the development to avoid or mitigate conflicts referred to in subclause (2)(a) or adverse impacts referred to in subclause (2)(b).(4) In this clause—Regional Cities Map means the State Environmental Planning Policy (Infrastructure) 2007 Regional Cities Map.regional city means an area of land identified as “subject land” on the Regional Cities Map.cl 39A: Ins 2021 (778), Sch 1.
Division 5 Electricity transmission or distribution
Subdivision 1 Electricity transmission or distribution networks
40 Definitions
In this Division—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 distributor that holds a licence under the Electricity Supply Act 1995, and(c) Rail Corporation New South Wales constituted under the Transport Administration Act 1988, and(c1) Sydney Metro 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 (including related bridges, cables, conductors, conduits, poles, towers, trenches, tunnels, access structures, access tracks and ventilation structures) and telecommunication facilities that are related to the functioning of the network,(b) above or below ground electricity switching stations or electricity substations, feeder pillars or transformer housing, substation yards or substation buildings,(c) systems for electricity storage associated with a component specified in paragraphs (a) and (b).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.cl 40: Am 2017 (734), Sch 5 [1]–[3]; 2018 No 18, Sch 2.18 [2]; 2020 (156), Sch 1[9].
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, and(iv) installation of overhead wires and associated component parts, including support structures, and(v) construction of access tunnels or access tracks,(b) emergency works or routine maintenance works,Note—See clause 8(4) regarding emergency works and routine maintenance works on land to which clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 apply.(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, but only if—(i) the combined capacity of all units at the premises where the unit is located, or is intended to be located, does not exceed 5 megawatts, and(ii) none of the units is operated, or is intended to be operated, for more than 200 hours in any 12 month period.cl 41: Am 2017 (734), Sch 5 [4] [5]; 2018 (106), Sch 2.15 [3].
42 Notification of certain electricity substation development that may be carried out without consent
(1) This clause applies to development (other than exempt 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 or State significant infrastructure.(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.cl 42: Am 2017 (734), Schs 5 [6] and 21 [10].
43 Exempt development
(1) 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—(a) installation of cables in existing conduits if the installation involves no greater soil or vegetation disturbance than necessary,(b) maintenance of electricity lines or of poles (or associated structures) for electricity lines,(c) any of the following if the primary purpose of the development is not to increase the capacity of the network—(i) replacement or re-alignment of electricity lines for conveying electricity at a voltage of 66kV or less,(ii) installation or upgrading of electricity lines for conveying electricity at a voltage of 66kV or less that are above or below ground service lines connecting premises to the network,(iii) replacement of poles with similar sized poles, or of associated support structures, for electricity lines for conveying electricity at a voltage of 66kV or less,(iv) re-alignment of poles, or of associated support structures, for electricity lines for conveying electricity at a voltage of 66kV or less,(d) installation, maintenance or replacement of the following—(i) existing plant or equipment in an existing fenced area or in an existing building (including pillars, fuses, control points, switches, regulators and protection equipment, but not including outdoor installation of equipment designed to operate (or convey electricity) at a voltage of more than 66kV),(ii) street lighting if the lighting minimises light spill and artificial sky glow in accordance with the Lighting for Roads and Public Spaces Standard,(iii) electricity metering,(iv) electrical conductors on existing structures if the primary purpose of the development is not to increase 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 of electricity lines,(f) maintenance or replacement of pole substations, if—(i) the primary purpose of the development is not to increase 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 if—(i) the demolition is carried out in accordance with AS 2601—2001, Demolition of structures, and(ii) the development is not associated with substations containing equipment designed to operate (or convey electricity) at a voltage of more than 66kV, and(iii) the development will not be carried out on 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) (Repealed)(k) vegetation management that is in accordance with a tree management plan established under clause 37 of the Electricity Supply (Safety and Network Management) Regulation 2014,(k1) vegetation management that is exempted under clauses 24 and 35(4) of Schedule 5A to the Local Land Services Act 2013,(k2) vegetation management that is carried out on category 1-exempt land (within the meaning of section 60D of the Local Land Services Act 2013),(l) environmental management works in an existing fenced area or in an existing building.(2) Clause 20(2)(g) does not apply in relation to development carried out under subclause (1)(k), (k1) or (k2).(3) To be exempt development, the development specified in subclause (1)(k), (k1) and (k2) must be carried out in a manner that minimises the risk of soil erosion.cl 43: Am 2010 (754), Sch 1 [6] [22]; 2017 (734), Schs 2 [9], 5 [7]–[12], 21 [5] [11] [12]; 2018 (507), Sch 7 [2]–[4].
Subdivision 2 Development likely to affect an electricity transmission or distribution network
44 Excavation—corridors and transmission circuits
(1) This clause applies to a development application, or an application for modification of a consent, for development that involves the following—(a) 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 the following electricity supply corridors, or parts of those corridors—(i) 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,(ii) the Haymarket to Surry Hills corridor, as approved by the Minister on 21 December 2001,(iii) the City West Cable Tunnel corridor, as approved by the Minister on 21 February 2007,(b) the penetration of ground to a depth of at least 0.5m below ground level (existing) on land that is within 15m, measured radially, of the centreline of the Potts Hill to Alexandria underground transmission cable circuit, as approved by the Minister on 14 May 2020.(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.cl 44: Am 2016 No 55, Sch 3.31 [10]; 2020 (591), Sch 1[1] [2].
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 has the same meaning as in the Rural Fires Act 1997.bush fire management plan has the same meaning as in the Rural Fires Act 1997.designated fire trail has the same meaning as in the Rural Fires Act 1997.emergency services facility means a building or place (including a helipad) used in connection with the provision of services by an emergency services organisation, including a police station and related training facilities.Fire Trail Standards means the Fire Trail Standards under section 62K of the Rural Fires Act 1997.police station means a building or place that is used in connection with the provision of police services to the public by the NSW Police Force and may include custodial facilities or premises used for a local area command function.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 Primary Production Small Lots,(e) RU5 Village,(e1) B1 Neighbourhood Centre,(f) B2 Local Centre,(g) B3 Commercial Core,(h) B4 Mixed Use,(i) B5 Business Development,(j) B6 Enterprise Corridor,(k) B7 Business Park,(k1) B8 Metropolitan Centre,(l) IN1 General Industrial,(l1) IN 2 Light Industrial,(m) IN3 Heavy Industrial,(n) IN4 Working Waterfront,(o) SP1 Special Activities,(p) SP2 Infrastructure,cl 46: Am 2010 (754), Sch 1 [23]–[25]; 2011 (83), Sch 3 [2]; 2016 No 55, Sch 3.31 [11]; 2018 (507), Sch 8 [1] [2].
46A Division does not apply to shooting ranges
This Division does not apply to an emergency services facility that is a shooting range within the meaning of Division 18A.Note—Development for the purposes of a shooting range is addressed in Division 18A.cl 46A: Ins 2017 (590), Sch 1 [1].
47 Development permitted with consent
(1) Development for the purpose of an emergency services facility may be carried out with consent in a prescribed zone by or on behalf of the NSW Rural Fire Service or an emergency services organisation that is not a public authority.(2) Development for the purpose of an emergency services facility may be carried out with consent by or on behalf of a public authority (other than the NSW Rural Fire Service) on any land.(3) Development to which subclause (2) applies may only be carried out on land reserved under the National Parks and Wildlife Act 1974 if it is authorised by or under that Act.cl 47: Am 2010 (754), Sch 1 [26] [27]; 2016 No 55, Sch 3.31 [11]; 2018 (507), Sch 8 [3]; 2019 (224), cl 4 (1).
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 (other than the NSW Rural Fire Service) without consent in a prescribed zone.(2) Development for the purpose of an ambulance facility may be carried out by or on behalf of a public authority without consent on any land if the facility is a single storey building that provides parking for no more than 2 ambulances.(3) 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) the replacement or alteration of, or an addition to, an existing emergency services facility,(b) the restoration of an emergency services facility due to damage,(c) the demolition of an emergency services facility.(4) Development to which this clause applies may only be carried out on land reserved under the National Parks and Wildlife Act 1974 if it is authorised by or under that Act.(5) This clause does not permit the erection of any building that exceeds 12m in height or that is located closer than 5m to any property boundary (or an addition to a building resulting in the building exceeding that height or being closer than that distance to any property boundary).(5A) Despite subclause (5), development for the following purposes may result in a building being located closer than 5 metres to a property boundary—(a) an emergency services facility carried out by or on behalf of Fire and Rescue NSW,(b) an ambulance facility carried out by or on behalf of the Ambulance Service of NSW.(6) 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.(7) Development for the purpose of bush fire hazard reduction work may be carried out by any person without consent on any land that is not within the coastal wetlands and littoral rainforests area if the development is consistent with the applicable bush fire management plan or the direction or agreement relating to the applicable designated fire trail.(8) In this clause, coastal wetlands and littoral rainforests area has the same meaning as in section 6 of the Coastal Management Act 2016, but does not include land identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map (within the meaning of State Environmental Planning Policy (Coastal Management) 2018).cl 48: Am 2010 (754), Sch 1 [28] [29]; 2016 No 55, Sch 3.31 [12]; 2018 (106), Sch 2.15 [4]. Subst 2018 (507), Sch 8 [4]. Am 2019 (657), cl 4(2); 2021 (206), Sch 1[1].
48A Exempt development
(1) Development for any of the following purposes is exempt development if the development complies with clause 20 and is consistent with the applicable bush fire management plan or the direction or agreement relating to the applicable designated fire trail—(a) maintaining fire trails, or installing or maintaining gates and associated structures on such trails, if the development is consistent with the Fire Trail Standards and does not result in any change in the alignment of fire trails,(b) maintaining asset protection zones or installing or maintaining gates and associated structures on such zones, if the development is consistent with the NSW Rural Fire Service’s publication Standards for Asset Protection Zones published on the website of the NSW Rural Fire Service and does not result in any change in the alignment of asset protection zones.(1A) Clause 20(2)(g) does not apply to the development referred to in subclause (1) if the vegetation concerned is pruned or removed only so far as generally corresponds to the existing alignment of the formed fire trail or asset protection zone.(1B) Development for any of the following purposes is exempt development if the development complies with clause 20—(a) a hose drying rack, if the height of the rack does not exceed 1.5 metres,(b) a standby power generator for use by the NSW Rural Fire Service, if the generator is insulated to ensure that noise levels will not exceed 35dB(A) from outside the generator housing,(c) a toilet facility to be used in connection with a fire station, if the facility comprises a standard flushing toilet connected to a public sewer, or an on-site effluent disposal system or temporary chemical closet approved under the Local Government Act 1993,(d) new or replacement paving, if any surface water run-off is directed to a stormwater management system, the work involves no greater soil or vegetation disturbance than necessary and does not involve a new connection with a public road.(2) This clause does not apply to land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016).cl 48A: Ins 2010 (754), Sch 1 [30]. Am 2018 (106), Sch 2.15 [5]; 2018 (507), Sch 8 [5].
48B Development on certain coastal wetlands land
(1) This clause applies to land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map within the meaning of State Environmental Planning Policy (Coastal Management) 2018.(2) Development for the purpose of bush fire hazard reduction work (other than establishing or maintaining a fire trail) may be carried out by any person without consent on land to which this clause applies if—(a) the land is within 20 metres of a dwelling house, secondary dwelling, dual occupancy, multi dwelling housing, residential flat building, hospital, centre-based child care facility, attached dwelling, boarding house, group home, hostel, semi-detached dwelling, seniors housing, residential accommodation, residential aged care facility or retirement village within the meaning of the Retirement Villages Act 1999, that was in existence immediately before the commencement of this clause, and(b) the bush fire hazard reduction work does not involve the use of fire, and(c) the bush fire hazard reduction work is carried out under section 66, 70, 73 or 74E of the Rural Fires Act 1997, and(d) the bush fire hazard reduction work is consistent with the standards relating to bush fire hazard reduction set out in the Department’s and NSW Rural Fire Service’s joint publication Standards for Bush Fire Hazard Reduction Works in SEPP 14—Coastal Wetlands published on the website of the Department.(3) Development for the purpose of maintaining a fire trail may be carried out by a public authority without consent on land to which this clause applies if—(a) the development is consistent with the applicable bush fire management plan or any direction or agreement relating to the applicable fire trail, and(b) the development complies with the Fire Trail Standards, and(c) the development does not involve the use of fire, the widening of a fire trail, any clearing of vegetation (other than of regrowth on a fire trail) or any excavation.cl 48B: Ins 2010 (754), Sch 1 [30]. Am 2016 No 55, Sch 3.31 [12]; 2017 No 22, Sch 2.37 [1]; 2017 (494), Sch 6.3 [4] [5]; 2018 (106), Sch 2.15 [6]; 2018 (507), Sch 8 [6]–[8].
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 Act 2012 applies—see section 69W of that Act. See also the Native Vegetation Act 2003 in relation to the clearing of native vegetation.
pt 3, div 8, note: Am 2016 No 55, Sch 3.31 [13].
51 Definition
In this Division—forestry has the same meaning as it has in the Standard Instrument.cl 51: Am 2017 (734), Sch 21 [13].
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
pt 3, div 9: Renumbered as Part 3, Div 12A, 2018 (507), Sch 9 [1].
pt 3, div 9, sdiv 1, hdg: Am 2011 (511), Sch 6.11 [2]. Renumbered as Part 3, Div 12A, Subdiv 1, 2018 (507), Sch 9 [1].
53, 54
(Renumbered as sections 66A and 66B)
cl 53: Am 2011 (511), Sch 6.11 [3]. Renumbered as cl 66A, 2018 (507), Sch 9 [1].
cl 54: Am 2010 (754), Sch 1 [6]; 2017 (734), Sch 21 [5] [12] [14]. Renumbered as cl 66B, 2018 (507), Sch 9 [1].
pt 3, div 9, sdiv 2: Renumbered Part 3, Div 12A, Subdiv 2, 2018 (507), Sch 9 [1].
55 (Repealed)
cl 55: Rep 2018 (507), Sch 9 [3].
Division 10 Health services facilities
56 Definitions
In this Division—health services facility has the same meaning as in the Standard Instrument.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 Primary Production Small Lots,(b) RU5 Village,(c) RU6 Transition,(d) R1 General Residential,(d1) R2 Low Density Residential,(e) R3 Medium Density Residential,(f) R4 High Density Residential,(g) R5 Large Lot Residential,(g1) B1 Neighbourhood Centre,(h) B2 Local Centre,(i) B3 Commercial Core,(j) B4 Mixed Use,(k) B5 Business Development,(l) B6 Enterprise Corridor,(m) B7 Business Park,(m1) B8 Metropolitan Centre,(n) SP1 Special Activities,(o) SP2 Infrastructure.cl 56: Am 2011 (83), Sch 3 [3]; 2017 (734), Sch 6 [1]–[3].
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 if the development is carried out within the boundaries of an existing health services facility—(a) health research (or development) industries, including medical research (or development) industries,(a1) high technology industry for an industrial activity that involves biological, pharmaceutical, medical or paramedical systems, goods or components,(b) any of the following premises that service patients or staff of, or visitors to, the health services facility (or staff of, or visitors to, other premises within the boundaries of the facility)—(i) centre-based child care facilities,(ii) commercial premises,(iii) community facilities,(iv) information and education facilities,(v) recreation areas, recreation facilities (indoor) or recreation facilities (outdoor),(vi) residential accommodation,(c) a building or place used for the training or education of health and other professionals.(3) Consent must not be granted for development of a kind referred to in subclause (2)(b) (other than development for the purposes of a centre-based child care facility) unless the consent authority is satisfied that the Secretary has certified in a site compatibility certificate that, in the Secretary’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).cl 57: Am 2011 (116), Sch 1.3 [2]; 2011 (385), Sch 1.3 [2]; 2017 (734), Sch 6 [4]; 2021 (206), Sch 1[2].
58 Development permitted without consent
(1) Any of the following development may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing health services facility—(a) the erection or alteration of, or addition to, a building that is a health services facility,(b) development for the purposes of restoring or replacing accommodation or administration facilities,(c) demolition of buildings carried out for the purposes of a health services facility,(d) development for the purposes of patient transport facilities, including helipads and ambulance facilities,(e) development for the purposes of car parks to service patients or staff of, or visitors to, the health services facility (or to service staff of, or visitors to, other premises within the boundaries of the facility).(2) This clause does not permit the erection of any building that exceeds 15 metres in height or is located closer than 5 metres to any property boundary (or an addition to a building resulting in the building exceeding that height or being closer than that distance to any property boundary).(3) Despite subclause (2), development may result in a building being located up to 1 metre from a property boundary if—(a) the building does not exceed 1 storey or 5 metres in height, and(b) the land on the other side of the property boundary is not in—(i) a residential zone or(ii) Zone E4 Environmental Living or a land use zone that is equivalent to Zone E4.cl 58: Subst 2017 (734), Sch 6 [5]. Am 2018 (507), Sch 10 [1]; 2021 (206), Sch 1[3]–[5].
58A Notification of carrying out of certain development without consent
(1) This clause applies to development carried out by or on behalf of a public authority under clause 58(1) (other than clause 58(1)(b) or (c)).(2) Before development to which this clause applies is carried out, the person carrying out the development or the public authority concerned must—(a) give written notice of the intention to carry out the development to each of the following—(i) the council for the area in which the relevant land is located (unless the public authority is the council),(ii) 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) In this clause, relevant land means the land on which the development is proposed to be carried out.cl 58A: Ins 2017 (734), Sch 6 [6].
58B Exempt development
(1) Any of the following development is exempt development if it is carried out within the boundaries of an existing health services facility and complies with clause 20—(a) development for the purposes of roads and cycleways,(b) development for the purposes of information boards and other information facilities (except for visitors’ centres),(c) development for the purposes of lighting, if light spill and artificial sky glow is minimised in accordance with the Lighting for Roads and Public Spaces Standard,(d) development for the purposes of landscaping, including landscape structures or features (such as art work) and irrigation systems,(e) development for the purposes of maintenance depots used solely for the maintenance of a health services facility (or of any other premises within the boundaries of a health services facility),(f) environmental management works,(g) the removal and replacement, or pruning, of a tree if—(i) the tree has been assessed by a Level 5 qualified arborist as posing a risk to human health or safety, or a risk of damage to infrastructure, and(ii) in the case of removal and replacement of a tree, the replacement tree is planted within the boundaries of the health services facility and is capable of achieving a mature height of 3 metres or more,(h) development for the purposes of a building site shed if—(i) the shed is not used for residential purposes, and(ii) any plumbing fixtures are connected to an approved waste water treatment device or an approved connection to the sewer, and(iii) the shed is removed immediately after the completion of the works for which the shed was required, and(iv) the shed is free-standing, prefabricated and constructed of non-reflective materials.(2) In this clause, Level 5 qualified arborist means an arborist with a minimum AQF Level 5 in Arboriculture under the Australian Qualifications Framework (within the meaning of section 7 of the Higher Education Act 2001).cl 58B: Ins 2017 (734), Sch 6 [6]. Am 2021 (206), Sch 1[6].
58C Complying development
(1) Development for any of the following purposes is complying development if it is carried out within the boundaries of an existing health services facility, and complies with the requirements of this clause and clause 20B—(a) a health services facility,(b) a building or place used for the training or education of health and other professionals,(c) commercial premises, providing goods or services to staff or patients of, or visitors to, a health services facility (or to staff of, or visitors to, other premises within the boundaries of a health services facility),(d) any premises to service patients or staff of, or visitors to, a health services facility (or to service staff of, or visitors to, other premises within the boundaries of a health services facility) that consist of an administration building or a car park,(e) demolition of buildings,(f) the removal or pruning of a tree or other vegetation if —(i) the tree is not listed on a register of significant trees kept by the council, and(ii) the tree or vegetation is within 3 metres of a building within the boundaries of the health services facility, and(iii) the tree or vegetation has a height of less than 8 metres, and(iv) in the case of removal of a tree—a replacement tree capable of achieving a mature height of 3 metres or more is planted within the boundaries of the health services facility.(1A) Development specified in subclause (1)(f) is not required to satisfy clause 20B(2)(f) to be complying development.(2) This clause does not permit the erection of any building that exceeds 12m in height or is located closer than 5m to any property boundary (or an addition to a building resulting in the building exceeding that height or being closer than that distance to any property boundary).(3) The footprint of any building demolished under this clause must not exceed 250m2.(4) Demolition of a building under this clause is not complying development if the building is within a heritage conservation area.Note—Certain development on bush fire prone land (such as a hospital) is not complying development (see section 100B of the Rural Fires Act 1997).cl 58C: Ins 2017 (734), Sch 6 [6]. Am 2018 (507), Sch 10 [2] [3]; 2021 (206), Sch 1[7] [8].
58CA Complying development—additional condition
(1) A complying development certificate for development specified in clause 58C is subject to the condition that work may be carried out outside the standard hours for construction specified in clause 20C(6) if—(a) the work only generates noise that is—(i) no louder than 5 dB(A) above the rating background level at any adjoining residence in accordance with the Interim Construction Noise Guideline (ISBN 978 1 74232 217 9) published by the Department of Environment and Climate Change NSW in July 2009, and(ii) no louder than the noise management levels specified in Table 3 of that guideline at other sensitive receivers, or(b) in an emergency, to avoid the loss of lives or property or to prevent environmental harm.(2) This condition is in addition to the conditions set out in clause 20C.cl 58CA: Ins 2021 (206), Sch 1[9].
Division 10A Operational land
pt 3, div 10A (cll 58D–58F): Ins 2017 (734), Sch 7.
58D Definition
In this Division—operational land has the same meaning as in the Local Government Act 1993.pt 3, div 10A (cll 58D–58F): Ins 2017 (734), Sch 7.
58E Development permitted without consent
Development for any purpose referred to in clause 65(3) may be carried out without consent on operational land by or on behalf of a council.pt 3, div 10A (cll 58D–58F): Ins 2017 (734), Sch 7.
58F Exempt development
(1) Development for any purpose referred to in clause 66(1) is exempt development if carried out on operational land by or on behalf of a council.(2) Development is exempt development under this clause only if the development—(a) complies with clause 20, 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.pt 3, div 10A (cll 58D–58F): Ins 2017 (734), Sch 7.
Division 11 Public authority precincts
pt 3, div 11, hdg: Am 2009 (61), Sch 1 [10]. Rep 2009 (364), Sch 3.6 [1]. Ins 2013 (706), Sch 2.11 [2].
pt 3, div 11: Rep 2009 (364), Sch 3.6 [1]. Ins 2013 (706), Sch 2.11 [2].
pt 3, div 11, sdiv 1: Ins 2009 (61), Sch 1 [11]. 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].
pt 3, div 11, sdivs 3, 4: Ins 2009 (61), Sch 1 [15]. Rep 2009 (364), Sch 3.6 [1].
58G Land to which Division applies
This Division applies to land identified on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (State and Regional Development) 2011, as being within any of the following sites—(a) Barangaroo Site,(b) Darling Harbour Site,(c) Sydney Olympic Park Site,(d) The Rocks Site.cl 58G (previously cl 58A): Ins 2009 (61), Sch 1 [11]. Rep 2009 (364), Sch 3.6 [1]. Ins 2013 (706), Sch 2.11 [2]. Renumbered 2017 (734), Sch 6 [7].
58H 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 on land to which this Division applies—(a) roads, cycleways, pedestrian bridges, at grade car parks, ticketing facilities and viewing platforms,(b) recreation facilities (outdoor), other than grandstands,(c) amenity facilities, including toilets, change rooms and food preparation and related facilities for persons using public spaces within the site,(d) information boards and other information facilities (except visitor centres),(e) lighting if the lighting minimises light spill and artificial sky glow in accordance with AS/NZS 1158 Set:2010, Lighting for roads and public spaces Set,(f) maintenance depots used solely for the maintenance of the land or structures within the site,(g) environmental management works,(h) landscaping, including landscape structures or features (such as art work) and irrigation systems (whether or not they use recycled water),(i) Christmas trees that comply with subclause (2),(j) demolition of buildings (unless the building is a State or local heritage item or is within a heritage conservation area) so long as the footprint of the building covers an area no greater than 250 square metres.(2) The erection, installation or display of Christmas trees is subject to the following requirements—(a) subject to paragraph (b), the trees must be no more than 4.5m in height, except that one Christmas tree of no more than 20m in height may be erected on each site to which this Division applies,(b) the trees must be structurally stable with adequate footings or attachments,(c) the trees must not be displayed before 15 November in any year and must not be displayed for more than 8 continuous weeks,(d) the erection or installation of a Christmas tree may start 1 week before the display starts and must be removed during the week following the 8 week display period.cl 58H (previously cl 58B): Ins 2013 (706), Sch 2.11 [2]. Am 2017 (734), Sch 8. Renumbered 2017 (734), Sch 6 [7].
Division 11A Certain development at the Sydney Cricket Ground
pt 3, div 11A: Ins 2013 (706), Sch 2.11 [2].
58I Exempt development
Development for any of the following purposes is exempt development if it is carried out on land identified in Schedule 4A, Part 1 of the Sporting Venues Authorities Act 2008—(a) landscaping (including the installation, maintenance and upgrading of playground or recreational equipment, park furniture, gardens, paving and the like),(b) installation, maintenance and upgrading of bus shelters, pedestrian pathways, cycleways, cycle storage racks, visitor information booths, kiosks, street furniture, access ramps for people, shade shelters, awnings, fences, gates, flag poles, public art, catering outlets, bars and restaurants,(c) signage to promote events or identify buildings if the signage—(i) is attached to an existing building or an existing pole, and(ii) does not project beyond the parapet or eaves of the building to which it is attached, and(iii) does not cover any window, door or architectural feature, and(iv) is securely fixed to the existing building or existing pole, and(v) does not cover any mechanical ventilation inlets or outlets located on any building on which it is carried out, and(vi) does not obstruct or interfere with any traffic sign, and(vii) complies with AS 4282:1997, Control of the obtrusive effects of outdoor lighting,(d) installation, maintenance and upgrading of security or emergency services equipment (including fire detection systems, pump houses, fire water tanks, security cameras, lighting, emergency security fencing and barriers to prevent unauthorised access or to ensure public safety) and the internal or external modification of buildings for building security and fire safety reasons,(e) installation, maintenance and upgrading of mobile communication facilities, road and traffic management works, solar panels and associated structures and lighting,(f) minor alterations and additions to existing facilities (including grandstand seating, lights, light towers, lifts, air conditioning systems, toilets, plant and equipment).cl 58I (previously cl 58C): Ins 2013 (706), Sch 2.11 [2]. Renumbered 2017 (734), Sch 6 [7]. Am 2020 No 29, Sch 2.12.
59–63F (Repealed)
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].
cll 63A–63F): Ins 2009 (61), Sch 1 [15]. Rep 2009 (364), Sch 3.6 [1].
Division 12 Parks and other public reserves
64 Definitions
In this Division—Crown land manager has the same meaning as in the Crown Land Management Act 2016.Crown managed land has the same meaning as in the Crown Land Management Act 2016.Ministerial Corporation has the same meaning as in the Crown Land Management Act 2016.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.Secretary has the same meaning as in the Crown Land Management Act 2016.cl 64: Am 2018 (507), Sch 3 [2].
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, or acquired under Part 11 of that Act, if the development is for a use authorised under that Act, or(b) on land declared under the Marine Estate Management Act 2014 to be a marine park or an aquatic reserve if the development is for a use authorised under that Act, or(c) (Repealed)(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)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 or in accordance with the Local Government Act 1993 in relation to Crown managed land managed by a council.(d) on Crown managed land, by or on behalf of—(i) the Secretary, or(ii) a Crown land manager of the land (or an administrator of the manager), or(iii) the Ministerial Corporation, or(iv) the Minister administering the Crown Land Management Act 2016,(2A) (Repealed)(3) Any of the following development 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) development for any of the following purposes—(i) roads, pedestrian pathways, cycleways, single storey car parks, ticketing facilities, viewing platforms and pedestrian bridges,(ii) recreation areas and recreation facilities (outdoor), but not including grandstands,(iii) visitor information centres, information boards and other information facilities,(iv) lighting, if light spill and artificial sky glow is minimised in accordance with the Lighting for Roads and Public Spaces Standard,(v) landscaping, including landscape structures or features (such as art work) and irrigation systems,(vi) amenities for people using the reserve, including toilets and change rooms,(vii) food preparation and related facilities for people using the reserve,(viii) maintenance depots,(ix) portable lifeguard towers,(b) environmental management works,(c) demolition of buildings (other than any building that is, or is part of, a State or local heritage item or is within a heritage conservation area).Note—The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.cl 65: Am 2009 (91), Sch 3.13; 2011 (511), Sch 6.11 [4]; 2016 No 55, Sch 3.31 [14]; 2017 (734), Sch 9 [1]–[6]; 2018 (507), Schs 3 [3]–[5], 11 [1] [2].
66 Exempt development
(1) Development for any of the following purposes that is carried out in the prescribed circumstances is exempt development—(a) construction or maintenance of—(i) walking tracks, raised walking paths (including boardwalks), ramps, stairways or gates, or(ii) bicycle-related storage facilities, including bicycle racks and other bicycle parking facilities (except for bicycle paths), or(iii) handrail barriers or vehicle barriers, or(iv) ticketing machines or park entry booths, or(v) viewing platforms with an area not exceeding 100m2, or(vi) sporting facilities, including goal posts, sight screens and fences, if the visual impact of the development on surrounding land uses is minimal, or(vii) play equipment if adequate safety measures (including soft landing surfaces) are provided and, in the case of the construction of such equipment, so long as the equipment is situated at least 1.2m away from any fence, or(viii) seats, picnic tables, barbecues, bins (including frames and screening), shelters or shade structures, or(ix) portable lifeguard towers if the footprint of the tower covers an area no greater than 20 square metres,(b) routine maintenance of playing fields and other infrastructure, including landscaping,(c) routine maintenance of roads that provide access to or within those playing fields, including landscaping.(2) Development is carried out in the prescribed circumstances if the development is carried out—(a) on land referred to in clause 65(1) by or on behalf of a public authority, or(b) on land referred to in clause 65(2)(a) or (b) by or on behalf of the Centennial Park and Moore Park Trust or the Parramatta Trust, as the case may be, or(c) in connection with a public reserve (other than Crown managed land) by or on behalf of a public authority, or(d) on Crown managed land, by or on behalf of—(i) the Secretary, or(ii) a Crown land manager of the land (or an administrator of the manager), or(iii) the Ministerial Corporation, or(iv) a council having control of the land under section 48 of the Local Government Act 1993, or(v) the Minister administering the Crown Land Management Act 2016.(3) Development is exempt development under this clause only if the development—(a) complies with clause 20, 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.cl 66: Am 2010 (754), Sch 1 [6]. Subst 2017 (734), Sch 9 [7]; 2018 (507), Schs 3 [6] [7], 11 [3].
Division 12A Pipelines and pipeline corridors
pt 3, div 12A, hdg (previously Part 3, Div 9): Am 2011 (511), Sch 6.11 [1]. Renumbered 2018 (507), Sch 9 [1]. Subst 2018 (507), Sch 9 [2].
Subdivision 1 Pipelines
pt 3, div 12A, sdiv 1, hdg (previously Part 3, Div 9, Subdiv 1, heading): Am 2011 (511), Sch 6.11 [2]. Renumbered 2018 (507), Sch 9 [1].
66A Development permitted without consent
(1) Development for the purpose of a 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 pipeline includes a reference to development for any of the following purposes if the development is in connection with a pipeline—(a) construction works,(b) emergency works or routine maintenance works.cl 66A (previously s 53): Am 2011 (511), Sch 6.11 [3]. Renumbered 2018 (507), Sch 9 [1].
66B 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—(a) installation, maintenance 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—(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, realignment or replacement of security fencing with a height of not more than 3.2m above ground level (existing),(c) installation, maintenance 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 of—(i) existing access tracks or gates along pipeline corridors, if the maintenance involves no greater soil or vegetation disturbance than necessary, or(ii) gas control facilities (including painting, servicing or replacement of existing equipment and maintenance of, 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, 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.cl 66B (previously s 54): Am 2010 (754), Sch 1 [6]; 2017 (734), Sch 21 [5] [12] [14]. Renumbered 2018 (507), Sch 9 [1].
Subdivision 2 Development adjacent to pipeline corridors
pt 3, div 12A, sdiv 2 (previously Part 3, Div 9, Subdiv 2): Renumbered 2018 (507), Sch 9 [1]. Subst 2018 (507), Sch 9 [3].
66C Determination of development applications
(1) Before determining a development application for development adjacent to land in a 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 to which the application relates have been identified, and(b) take those risks into consideration, and(c) give written notice of the application to the pipeline operator concerned within 7 days after the application is made, and(d) take into consideration any response to the notice that is received from the pipeline operator within 21 days after the notice is given.(2) Land is in a pipeline corridor for the purposes of this clause if the land is located—(a) within the licence area of a pipeline for gas, or for petroleum or other liquid fuels, licensed under the Pipelines Act 1967, or(b) within 20m of the centreline (measured radially) of a relevant pipeline, or(c) within 20m of land the subject of an easement for a relevant pipeline.(3) The following pipelines for gas, or for petroleum or other liquid fuels, are relevant pipelines for the purposes of this clause—(a) the pipelines with licence numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 35 and 42 licensed under the Pipelines Act 1967,(b) the Clyde to Gore Bay pipeline.cl 66C: Ins 2018 (507), Sch 9 [3].
Division 13 Port, wharf or boating facilities
67 Definitions
In this Division—means facilities for—(a) water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, radar towers, communication facilities, vessel monitoring facilities, lighthouses, buoys, marine markers, pilot stations, jetties, breakwaters or training walls), and(b) emergency response, including rescue stations and emergency communication facilities and jetties.port facilities has the same meaning as in the Standard Instrument.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,(a1) B8 Metropolitan Centre,(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,and includes any waterbody that is unzoned under any environmental planning instrument.(j) W3 Working Waterways,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 has the same meaning as in the Standard Instrument.cl 67: Am 2011 (83), Sch 3 [4]; 2013 (228), Sch 4 [1]; 2014 (97), Sch 2.3 [2]; 2017 (734), Sch 10 [1] [2].
67A Application of Division
This Division does not apply to land within the Lease Area within the meaning of State Environmental Planning Policy (Three Ports) 2013.cl 67A: Ins 2013 (228), Sch 4 [2]. Am 2013 (241), Sch 2.2; 2014 (97), Sch 2.3 [3]. Subst 2018 (507), Sch 12 [1]; 2018 (665), Sch 1.3.
68 Development permitted without consent
(1) Development for the purpose of port facilities may be carried out—(a) by or on behalf of the Newcastle Port Corporation or Transport for NSW without consent on land in a prescribed zone or (providing the development is directly related to an existing port facility) on any other land, or(b) by or on behalf of any other public authority without consent on land in a prescribed zone.(2) The following development may be carried out by or on behalf of a public authority without consent on any land—(a) development for the purposes of navigation and emergency response facilities,(b) environmental management works associated with a port facility or a wharf or boating facility,(c) emergency works associated with a navigation and emergency response facility or a port facility.(3) Subdivision of land in the area of a port managed by the Newcastle Port Corporation, being subdivision that is required to facilitate operations at the port, may be carried out by the Newcastle 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.(4AA) To avoid doubt, subclause (4) does not permit the subdivision of any land.(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 and emergency response 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 or land reclamation, if the dredging or land reclamation is required for the construction of those facilities),(b) routine maintenance works,(c) environmental management works,(d) alteration, demolition or relocation of a local heritage item,(e) alteration or relocation of a State heritage item.(6) In this clause, a reference to development for the purpose of port facilities also includes a reference to any of the following if carried out in connection with port facilities—(a) dredging, or bed profile levelling, of existing navigation channels,(b) dredging, or bed profile levelling, so as to create new navigation channels.(7) In this clause, a reference to development for the purpose of navigation and emergency response facilities, wharf or boating facilities or associated public transport facilities for a public ferry wharf also includes a reference to dredging, or bed profile levelling, of existing navigation channels, if that dredging or levelling is—(a) carried out for safety reasons, or(b) carried out in connection with any such facilities that, at the time of the dredging or levelling, exist.cl 68: Am 2009 (434), Sch 1 [3] [4]; 2010 (754), Sch 1 [31]; 2016 No 55, Sch 3.31 [7]; 2017 (734), Sch 10 [3]–[8]; 2018 (507), Sch 12 [2] [3]; 2020 No 30, Sch 4.97[2].
69 Development permitted with consent
(1) The erection or use of a structure (within an existing port facility or public ferry wharf) that is associated with retail premises, business premises or industrial premises that are not directly related to the operation of the port or wharf 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 the Newcastle Port Corporation may be carried out by any person with consent.(3) Dredging may be carried out by any person with consent on any land.(4) Development for the purpose of a facility for maintaining vessels may be carried out by any person with consent on land in a prescribed zone or on unzoned land.(5) Nothing in this clause requires a person to obtain consent for development of any kind that the person is permitted by clause 68 or 70 to carry out without consent.cl 69: Am 2017 (734), Sch 10 [5] [9]–[11].
70 Exempt development
Development for any of the following purposes is exempt development if it is lawfully carried out on land in the area of a port that is managed by the Newcastle Port Corporation, or is vested in Transport for NSW, and complies with clause 20—(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), where the alterations do not involve the use of external combustible cladding (within the meaning of the Environmental Planning and Assessment Regulation 2000), and(ii) interior alterations to buildings that do not affect the load bearing capacity of any load bearing component of a building,(iii) (Repealed)(d) demolition of a building—(i) that has a gross floor area of not more than 500m2, or(ii) the erection of which is exempt development under this Policy,Note—The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.(d1) minor installations for securing or accessing vessels (such as bollards, ladders, ramps, gantries, railings and mooring points), including the removal of those installations,(d2) minor installations for protecting wharves or vessels (such as cathodic protection systems and fenders), including the removal of those installations,(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 or (if attached to or mounted on a building) extends not more than 10m above the highest point of the roof of the building, and(ii) is located no closer than 20m from any boundary of a property on which residential accommodation is located, and(iii) does not display any commercial advertisements for or about anything other than the Newcastle Port Corporation (in the case of the area of a port managed by it) or Transport for NSW (in the case of the area of a port vested in it) or any business operating in those areas,(g) hail netting that—(i) has a height above ground level (existing) of not more than 12m, and(ii) is dark in colour,(h) paving, or an at-grade car park (including access to or from the car park), that—(i) is ancillary or incidental to a lawful use of the land, and(ii) is designed so that any surface water run-off is directed to a stormwater management system or landscaped area,(h1) landscaping, including landscape structures or features (such as art work),(i) marking out of roads,(j) structures for external lighting if—(i) any obtrusive effects of the external lighting (if new) are controlled in accordance with AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and(ii) the structures have a height above ground level (existing) of not more than 35m or (if attached to or mounted on a building) do not extend more than 10m above the highest point of the roof of the building,(k) pedestrian ramps, pathways or stairways (other than escalators or travelators),(k1) escalators, or travelators, that are designed to ensure that any noise emitted by them does not exceed 5dB(A) above ambient background noise level (as measured at any adjoining property boundary),(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) hoardings or scaffolding in the circumstances specified in Schedule 1,(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,(o1) safety or security barriers, including jersey barriers, earth berms and bollards,(p) traffic monitoring and security cameras and other facilities for tracking vessels or trucks, port navigation or security (including radar, communication or microwave receivers and the like),(q) directional or safety signs that comply with AS 1319—1994, Safety signs for the occupational environment and AS 4282—1997, Control of the obtrusive effects of outdoor lighting,(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),(iii) (Repealed)(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) without limiting paragraph (q), (r) or (s), a change in the display on, or the maintenance or replacement of, 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),(w) minor vegetation management carried out for the purpose of maintaining the security or safety of the designated port concerned and that involves no more disturbance of vegetation than is necessary for that purpose,(x) investigations of the physical properties of soil, rock or seabed (including geotechnical and other testing, surveying and sampling to investigate those physical properties),(y) movable plant and equipment,(z) a port facility, but only in the circumstances specified in clause 21 of Schedule 1 to State Environmental Planning Policy (Three Ports) 2013 (relating to the change of use of port facilities), and the maintenance of a port facility if—(i) the facility is not a petroleum terminal, and(ii) the facility was not, before the change of use, a petroleum terminal, and(iii) the maintenance work does not involve dredging or bed profile levelling, and(iv) the maintenance work involves no greater waterway bed, soil or vegetation disturbance than necessary,(z1) washbays,(z2) rainwater or grey water tanks used by any business at the designated port that, together with any other rainwater or grey water tanks used by the business, have a total storage capacity of not more than 20,000 litres of water,(z3) maintenance, removal and replacement of moorings and navigation marks if—(i) they are not located in a marine park or aquatic reserve (within the meaning of the Marine Estate Management Act 2014), and(ii) they are not moved to a different location, and(iii) the work involves no greater waterway bed, soil or vegetation disturbance than necessary,(z4) emergency works to protect port facilities, navigation facilities, wharf or boating facilities, the environment or the public, but only if the work involves no greater waterway bed, soil or vegetation disturbance than necessary.cl 70: Am 2008 No 62, Sch 2.53 [1]; 2010 (754), Sch 1 [6]; 2014 (97), Sch 2.3 [4]–[8]; 2016 No 55, Sch 3.31 [7] [15]; 2017 (734), Schs 2 [10] [11], 10 [12]–[19]; 2018 (505), Sch 1.4 [1]; 2018 (507), Sch 12 [4]–[6]; 2020 No 30, Sch 4.97[2].
71 Complying development
(1) Development for any of the following purposes is complying development if it is lawfully carried out on land in the area of a port that is managed by the Newcastle Port Corporation, or is vested in Transport for NSW, and complies with clause 20B—(a) addition to, or alteration (including internal alteration) of, a building 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 building that—(i) has a gross floor area of not more than 500m2 or is not more than 1 storey high, and(ii) has a height above ground level (existing) of not more than 12m, and(iii) except in the case of a security booth, is erected no closer than 1m from any adjoining property boundary (unless the adjoining property is owned or managed by the Port Corporation), and(iv) in the case of food premises, including a canteen or kiosk, is designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004, Design, construction and fit-out of food premises,(c) demolition, carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures, of a building—(i) that has a gross floor area not exceeding 2,000m2, or(ii) the erection of which is complying development under this clause,(d) fences or gates (including security boom gates) that have a height (when closed, in the case of boom gates) of not more than 5m above ground level (existing),(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—2011, Masonry structures and AS 3700 Supp 1—2004, Masonry structures—Commentary (Supplement to AS 3700—2001), and(B) AS/NZS 1170.1:2002, Structural design actions Part 1: Permanent, imposed and other actions and 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 that—(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 the relevant requirements of AS 1940—2004, The storage and handling of flammable and combustible liquids and Australian and New Zealand Standard AS/NZS 1596:2008, The storage and handling of LP Gas,(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 the relevant requirements of Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids,(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) (Repealed)(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), (3) (Repealed)cl 71: Am 2010 (754), Sch 1 [32] [33]; 2013 (228), Sch 4 [3] [4]; 2013 No 111, Sch 3.28 [2]; 2014 (97), Sch 2.3 [9]; 2016 No 55, Sch 3.31 [16]; 2017 (734), Sch 10 [20]–[25]; 2020 No 30, Sch 4.97[2].
72 Complying development conditions—additional conditions
A complying development certificate for development referred to in clause 71 is subject to the following conditions (in addition to the conditions set out in clause 20C)—(a), (b) (Repealed)(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 any ground floor slab or any addition to the ground floor slab, for a new building or addition is completed or (if there is no such form work) before the concrete is poured for the ground floor slab or addition to the ground floor slab—a survey certificate showing the location of the proposed new building or addition relative to the property boundaries,(ii) at the completion of the lowest floor of any building or any addition to the lowest floor—a survey certificate confirming that the levels correspond to the levels shown on the plans in respect of which the complying development certificate is issued,(d)–(f) (Repealed)(g) to control dust emissions from the site, suitable screens or barricades must be erected prior to any demolition, excavation or building work,(h) (Repealed)(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, before any other work begins, to the following—(i) the Newcastle Port Corporation if the land is in the area of a port managed by it,(ii) Transport for NSW if the land is in the area of a port vested in it,(iii) the Department of Planning and Environment,(iv) the council.cl 72: Am 2010 (754), Sch 1 [34] [35]; 2013 (228), Sch 4 [5]; 2016 No 55, Sch 3.31 [10]; 2017 (734), Schs 2 [12], 10 [26] [27]; 2020 No 30, Sch 4.97[2].
73 (Repealed)
cl 73: Rep 2010 (375), Sch 1 [1].
Division 14 Public administration buildings and buildings of the Crown
74 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) B3 Commercial Core,(b) B4 Mixed Use,(c) B5 Business Development,(d) B6 Enterprise Corridor,(e) B7 Business Park,(e1) B8 Metropolitan Centre,(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.cl 74: Am 2010 (754), Sch 1 [36]; 2011 (83), Sch 3 [5].
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.
75A Clauses 76 and 77 not applicable to police stations
Clauses 76 and 77 do not apply to development for the purpose of police stations within the meaning of Division 6 of Part 3.cl 75A: Ins 2018 (507), Sch 8 [9].
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) alterations of or additions to a public administration building,(b) restoration of a damaged public administration building,(c) demolition of a public administration building,(d) replacement of a public administration building if the height of the building does not exceed 12 metres and the setback is at least 5 metres.(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.cl 77: Am 2017 (734), Sch 11 [1]; 2018 (507), Sch 13 [1].
77A Exempt development
Any of the following development is exempt development if the development complies with clause 20—(a) development for the purposes of landscaping in the grounds of a public administration building, including landscape structures or features (such as art work),(b) use of a building as a public administration building following a change of use of the building as commercial premises.Note—Subdivision 10A of Division 1 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains provisions relating to a change of use from a public administration building to business premises, office premises, shops and kiosks.cl 77A: Ins 2017 (734), Sch 11 [2]. Am 2018 (507), Sch 13 [2].
Division 15 Railways
Subdivision 1 Railways and rail infrastructure facilities
pt 3, div 15, sdiv 1, hdg: Am 2013 (580), Sch 1 [1].
78 Definitions
(1) 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, the Interim Rail Link Corridor or the Interim Sydney Metro West Corridor.Interim Rail Link Corridor means land shown on a rail corridors map as—(a) CBD Rail Link (Zone B—Tunnel), or(b), (c) (Repealed)Interim Sydney Metro West Corridor means land shown on a rail corridors map as Sydney Metro West 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.for a rail corridor means—(a) in relation to a rail corridor that is vested in or owned by ARTC or is the subject of an ARTC arrangement—ARTC, and(b) in relation to any other rail corridor—Transport for NSW.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 Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 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 and Environment.rail corridors map means the maps marked as follows and held in the head office of the Department of Planning and Environment—(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—Sydney Metro West.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) facilities for the assembly, maintenance and stabling of rolling stock, and(g1) facilities for the dismantling and stabling of rolling stock taken out of service, 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, andbut do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes.(k) buildings for or related to railway purposes,RailCorp means Rail Corporation New South Wales constituted under the Transport Administration Act 1988.(2) A reference in this Division to rail infrastructure facilities includes a reference to any facilities, buildings, works or infrastructure related to light rail purposes.cl 78: Am 2009 (61), Sch 1 [16] [17]; 2009 (434), Sch 1 [5]; 2011 (511), Sch 6.11 [5] [6]; 2013 (580), Sch 1 [2]; 2016 No 55, Sch 3.31 [10]; 2017 No 22, Sch 2.37 [2] [3]; 2017 (734), Sch 12 [1]–[4]; 2018 (68), Sch 2 [1]; 2018 No 18, Sch 2.18 [3]; 2020 (591), Sch 1[3]–[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 temporary concrete batching plants, that are in or adjacent to a rail corridor and used solely in connection with the construction of a railway, 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 temporary facilities for the management of railway construction, that are in or adjacent to a rail corridor,(b) emergency works or routine maintenance works,Note—See clause 8(4) regarding emergency works and routine maintenance works on land to which clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 apply.(c) maintenance of an existing rail infrastructure facility,(d) environmental management works.(3) Development for the following purposes may be carried out by or on behalf of a rail authority for a rail corridor without consent on land in a prescribed zone—(a) any of the following if the development is carried out in a car park intended for use by commuters that is owned, leased, managed or controlled by a rail authority—(i) vehicle share car parking,(ii) vehicle hire,(iii) vehicle servicing and cleaning,(b) markets if the development is carried out on land used for the purpose of a railway station or on any land that is owned, leased, managed or controlled by a rail authority no more than once per calendar month.cl 79: Am 2017 (734), Schs 12 [5] [6], 21 [12]; 2018 (106), Sch 2.15 [7]; 2018 (507), Sch 14 [1].
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
(1) 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) any of the following in a rail corridor if the development is carried out wholly or partly above a railway station—(i) residential accommodation,(ii) tourist and visitor accommodation,(iii) retail premises,(iv) business premises,(c) retail or business premises in a railway complex, including the following such premises that are—(i) below a railway complex but above ground (for example, at Circular Quay),(ii) in areas of the railway complex used by commuters to gain access to station platforms,(c1) retail or business premises in a transport interchange (other than an at-grade transport interchange) if the premises are located on the ground floor of the interchange or have street frontage,(c2) retail or business premises in a car park intended for use by commuters (other than an at-grade car park) if the premises are located on the ground floor of the car park or have street frontage,(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.(2) Nothing in this clause requires a public authority to obtain consent for development that is permitted without consent by clause 79.cl 81: Am 2017 (734), Sch 12 [7] [8].
82 Exempt development—public authorities
(1) 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, 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) (Repealed)(b) routine maintenance (including removal of graffiti or debris, maintenance 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 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, maintenance or replacement of safety barriers,(h) construction, maintenance, replacement or realignment of security fencing with a height of not more than 3.2m above ground level (existing),(i) reconstruction, maintenance or replacement of culverts or drains,(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—(i) temporary structures, or temporary signs, associated with alternative transport arrangements necessitated by rail track work or railway maintenance, or(ii) other signs that comply with any relevant requirements of AS 1319—1994, Safety signs for the occupational environment and AS 4282—1997, Control of the obtrusive effects of outdoor lighting.(2) For the purposes of this clause, development carried out by or on behalf of a lessee or licensee of ARTC, Sydney Metro or Transport for NSW is taken to be carried out by or on behalf of ARTC, Sydney Metro or Transport for NSW if the development is required or authorised to be carried out by the lease or licence.cl 82: Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9], 12 [9]–[13], 21 [5] [15]; 2018 No 18, Sch 2.18 [4].
82A Exempt development—any persons
Any of the following development is exempt development if the development complies with clause 20—(a) development for the purposes of automatic teller machines, coffee carts or vending machines that are on station platforms or in areas of a railway complex used by commuters to gain access to station platforms,(b) the use of a room for the purposes of business premises, office premises, a community facility, a shop or a public administration building, including any non-structural alterations to the room for those purposes, if the room—(i) was formerly used for railway purposes, and(ii) is located on a station platform or in areas of a railway complex used by commuters to gain access to station platforms, and(iii) is 200m2 or less in area.cl 82A: Ins 2017 (734), Sch 12 [14].
83 (Repealed)
cl 83: Rep 2013 (580), Sch 1 [3].
Subdivision 2 Development in or adjacent to rail corridors and interim rail corridors—notification and other requirements
pt 3, div 15, sdiv 2, hdg: Subst 2017 (734), Sch 12 [15].
pt 3, div 15, sdiv 2, note: Subst 2009 (61), Sch 1 [18]. Rep 2017 (734), Sch 12 [15].
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 as a result 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 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 rail authority for the rail corridor.(4) In determining whether to provide concurrence, the rail authority 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 rail authority for the rail corridor if 21 days have passed since the consent authority gave notice under subclause (2)(a) and the rail authority 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.cl 84: Am 2017 (734), Sch 12 [16]–[18]; 2018 (507), Sch 14 [2].
85 Development adjacent to rail corridors
(1) This clause applies to development on land that is in or 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, or(d) is located within 5 metres of an exposed overhead electricity power line that is used for the purpose of railways or rail infrastructure facilities.Note—Clause 45 also contains provisions relating to development that is within 5 metres of an exposed overhead electricity power line.(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 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 Secretary for the purposes of this clause and published in the Gazette.(2A) Despite subclause (2), the consent authority is not required to comply with subclause (2)(a) and (b)(i) if the development application is for development on land that is in or adjacent to a rail corridor vested in or owned by ARTC or the subject of an ARTC arrangement.(3) Land is adjacent to a rail corridor for the purpose of this clause even if it is separated from the rail corridor by a road or road related area within the meaning of the Road Transport Act 2013.cl 85: Am 2017 (734), Sch 12 [16] [19] [20]; 2018 (507), Sch 14 [3]; 2021 (716), Sch 1.28[4].
86 Excavation in, above, below 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, below or above a rail corridor, or(b) within 25m (measured horizontally) of a rail corridor, or(b1) within 25m (measured horizontally) of the ground directly below 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 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 Secretary for the purposes of this clause and published in the Gazette.(3) Subject to subclause (5), the consent authority must not grant consent to development to which this clause applies without the concurrence of the rail authority for the rail corridor to which the development application relates.(4) In deciding whether to provide concurrence, the rail authority 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 rail authority concerned if—(a) the rail corridor is owned by or vested in ARTC or is the subject of an ARTC arrangement, or(b) in any other case, 21 days have passed since the consent authority gave notice under subclause (2)(a) and the rail authority has not granted or refused to grant concurrence.cl 86: Am 2016 No 55, Sch 3.31 [17]; 2017 (734), Sch 12 [16] [17] [21]–[24].
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) residential accommodation,(b) a place of public worship,(c) a hospital,(d) an educational establishment or centre-based child care facility.(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 Secretary for the purposes of this clause and published in the Gazette.(3) If the development is for the purposes of residential accommodation, 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 residential accommodation—35 dB(A) at any time between 10.00 pm and 7.00 am,(b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.cl 87: Am 2017 (494), Sch 6.3 [6]; 2017 (734), Sch 21 [16] [17].
88 Development within or adjacent to interim rail corridor
(1) This clause applies to development that is—(a) on the land shown as “Zone A” on a rail corridors map and has a capital investment value of more than $200,000, or(b) on the land shown as “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, or(c) on the land shown as “Sydney Metro West Tunnel” on a rail corridors map and involves the penetration of ground to a depth of at least 2m below ground level (existing).(2) (Repealed)(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 () 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 relevant rail authority.(5) In determining whether to provide concurrence, 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 relevant rail authority if—(a) the consent authority has given the relevant rail authority notice of the development application, and(b) 21 days have passed since that notice was given and the relevant rail authority 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.(8) In this clause—means the following—(a) for the Interim Metro Corridor or the Interim Rail Link Corridor—Transport for NSW,(b) for the Interim Sydney Metro West Corridor—Sydney Metro constituted under the Transport Administration Act 1988.cl 88: Am 2009 (61), Sch 1 [19]–[22]; 2016 No 60, Sch 3, cl 2; 2017 (734), Sch 12 [25]–[28]; 2018 No 18, Sch 2.18 [5]; 2020 (591), Sch 1[6] [7].
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 the Secretary of the Department of Transport within 7 days of receiving the application, and(b) before determining the application, take into account any submissions made by that Secretary 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 effect 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 effect on the viability of the proposed metro, a consent authority may rely on a certificate issued by the Secretary of the Department of Transport that certifies whether or not there would be any such adverse effect.(5) The consent authority must provide the Secretary of the Department of Transport with a copy of the determination of the application within 7 days after the determination is made.cl 88A: Ins 2009 (61), Sch 1 [23]. Am 2013 No 111, Sch 3.28 [3]; 2017 (734), Sch 12 [29] [30].
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.cl 88B: Ins 2009 (61), Sch 1 [23].
88C, 89 (Repealed)
cl 88C: Ins 2009 (61), Sch 1 [23]. Rep 2017 (734), Sch 12 [31].
cl 89: Am 2009 (61), Sch 1 [24]. Rep 2017 (734), Sch 12 [31].
Division 16 Research and monitoring stations
pt 3, div 16, hdg: Am 2010 (215), Sch 2 [1].
90 Definitions
In this Division—monitoring station means a facility operated for the principal purpose of monitoring weather, noise, air, water, groundwater or environmental impacts.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 Primary Production Small Lots,(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.cl 90: Am 2010 (215), Sch 2 [2].
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
(1) 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,if the development does not involve the clearing of more than 2 hectares of native vegetation.(d) minor alterations of or additions to the research station,(2) Development for the purpose of a monitoring station (other than development to which clause 92A applies) may be carried out by or on behalf of a public authority without consent on any land.cl 92: Am 2010 (215), Sch 2 [3].
92A Exempt development
Development for the purpose of a monitoring station is exempt development if it complies with clause 20 and is carried out on land within Zone E1 National Parks and Nature Reserves or a prescribed zone or on land acquired under Part 11 of the National Parks and Wildlife Act 1974.cl 92A: Ins 2010 (215), Sch 2 [4]. Am 2010 (754), Sch 1 [6]; 2018 (507), Sch 15.
Division 17 Roads and traffic
Subdivision 1 Roads and road infrastructure facilities
pt 3, div 17, sdiv 1, hdg: Subst 2018 (507), Sch 16 [1].
93 Definitions
In this Division—accredited bus service operator means a person who is—(a) accredited under Division 1 of Part 2 of the Passenger Transport Act 1990 to carry on a public passenger service, within the meaning of that Act, by means of a bus, or(b) accredited under Part 2 of the Passenger Transport Act 2014 to operate a public passenger service, within the meaning of that Act, by means of a bus.AS 1428 means the following publications—(a) Australian Standard AS 1428.1—2009, Design for access and mobility, Part 1: General requirements for access—New building work,(b) Australian Standard AS 1428.2—1992, Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities,(c) Australian and New Standard AS/NZS 1428.4.1:2009, Design for access and mobility, Part 4.1: Means to assist the orientation of people with vision impairment—Tactile ground surface indicators,(d) Australian Standard AS 1428.5—2010, Design for access and mobility, Part 5: Communication for people who are deaf or hearing impaired.bus depot means premises used for the servicing, repair, garaging or parking of buses.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,(b1) B8 Metropolitan Centre,(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.regular bus service means a public passenger service (within the meaning of the Passenger Transport Act 2014) that is conducted by bus according to regular routes and timetables and does not include a tourist service or a community transport service (within the meaning of the Passenger Transport Act 2014).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 Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 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 Act 2013), and(a1) associated public transport facilities for roads used to convey passengers by means of regular bus services, 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), and(b) bus depots, and(c) bus stops and bus shelters, and(d) traffic control facilities (within the meaning of Part 6 of the Transport Administration Act 1988), TfNSW road safety training facilities and safety works, and(e) premises used for the purposes of testing and inspecting heavy vehicles (within the meaning of the Road Transport Act 2013) under the TfNSW Heavy Vehicle Authorised Inspection Scheme.cl 93: Am 2009 (434), Sch 1 [6]; 2011 (83), Sch 3 [6]; 2011 (511), Sch 6.11 [7] [8]; 2016 No 55, Sch 3.31 [18]–[20]; 2018 (68), Sch 2 [1]; 2018 (507), Sch 16 [2]–[4]; 2020 No 30, Sch 4.97[3] [4].
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.(1A) 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) bus depots,(b) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities).(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,Note—See clause 8(4) regarding emergency works and routine maintenance works on land to which clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 apply.(c) alterations or additions to an existing road (such as widening, narrowing, 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.cl 94: Am 2018 (106), Sch 2.15 [8]; 2018 (507), Sch 16 [5] [6].
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.
95A Notification of carrying out of certain development under clause 94 or 95 without consent
(1) This clause applies to development that may be carried out by or on behalf of a public authority without consent under clause 94 or 95 for any of the following purposes—(a) car parks intended for use by commuters using regular bus services,(b) bus depots,(c) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities).(2) Before development to which this clause applies is carried out on land, the public authority concerned 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 public 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 giving the notice.cl 95A: Ins 2018 (507), Sch 16 [7].
96 Development permitted with consent
(1) Development for the purpose of a road or road infrastructure facilities may be carried out by any person with consent on land within a special area within the meaning of the Water NSW Act 2014.(2) Development for any of the following purposes may be carried out by any person with consent on land in a prescribed zone—(a) car parks intended for use by commuters using regular bus services,(b) bus depots,(c) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities),(d) retail or business premises in a car park (other than an at-grade car park) that is intended for use by commuters using regular bus services, but only if the premises are located on the ground floor of the car park or have street frontage,(e) retail or business premises in a public transport interchange (other than an at-grade interchange) on a route used to convey passengers by means of regular bus services, but only if the premises are located on the ground floor of the interchange or have street frontage.(3) Nothing in this clause requires a public authority to obtain consent for development that is permitted without consent by clause 94, 95 or 97.cl 96: Am 2014 No 74, Sch 3.30 [1]; 2018 (507), Sch 16 [8] [9].
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 or the Minister responsible for Crown roads (within the meaning of the Roads Act 1993) in connection with a road or road infrastructure facilities and complies with clause 20—(a), (b) (Repealed)(c) erection, installation, maintenance, reconstruction 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 the Lighting for Roads and Public Spaces Standard,(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,(xiv) public transport information display and ticketing systems,(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 and that are removed as soon as practicable.(h) (Repealed)(1A) The construction of bus stops or bus shelters (including the construction or installation of any associated kerbs, access paths or ramps, lighting or signage) carried out by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if—(a) the development complies with clause 20, and(b) the stops or shelters—(i) have a height above the footpath of not more than 3.2 metres, and(ii) have only non-reflective finishes, and(iii) do not obstruct the line of sight of vehicular traffic or pedestrian traffic, and(c) the design of any associated kerbs, access paths and ramps, lighting and signage is in accordance with AS 1428 and the Disability Standards.(1B) The display of commercial advertisements on bus stops or bus shelters is not exempt development under this clause.(1C) Development for the purposes of maintaining bus stops or bus shelters (including maintaining any associated kerbs, access paths or ramps, lighting or signage) by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if the development—(a) complies with clause 20, and(b) does not involve giving the shelter or stop a reflective finish, and(c) does not cause the design of any associated kerbs, access paths or ramps, lighting or signage to be inconsistent with AS 1428 or the Disability Standards.(1D) Without limiting clause 20A, development for a purpose specified in Schedule 1 is exempt development if the development—(a) is carried out by or on behalf of an accredited bus service operator providing a regular bus service, and(b) is carried out on land within the boundaries of an existing bus depot, and(c) meets the development standards for the development specified in Schedule 1, and(d) complies with clause 20.(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.cl 97: Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9] and 21 [5] [11] [12]; 2018 (507), Sch 16 [10]–[13].
97A Complying development
Development on land within the boundaries of an existing bus depot is complying development if it is carried out by or on behalf of a public authority, or an accredited bus service operator who is operating a regular bus service, complies with clause 20B and consists of—(a) the addition to or alteration of office premises, a shed, a garage or a kiosk in existence before the commencement of this clause, but only if, on completion of the addition or alteration—(i) the gross floor area of the office premises, shed, garage or kiosk is not more than 25% greater than it was immediately before the commencement of this clause, and(ii) the height of the office premises, shed, garage or kiosk is not more than 12m above ground level (existing), and(iii) the office premises, shed, garage or kiosk is located no closer than 5m from any adjoining property boundary, or(b) the erection of a canteen, or kiosk, for the use of employees, but only if the canteen or kiosk—(i) has a gross floor area of not more than 100m2, and(ii) has a height of not more than 12m above ground level (existing), and(iii) is designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004, Design, construction and fit-out of food premises, and(iv) is located no closer than 5m from any adjoining property boundary, or(c) the erection of an amenity facility (such as a toilet block or showers) for the use of employees, but only if the facility—(i) has a gross floor area of not more than 100m2, and(ii) has a height of not more than 10m above ground level (existing), and(iii) is located no closer than 5m from any adjoining property boundary, or(d) the demolition of any of the following buildings—(i) a building having a gross floor area of not more than 250m2,(ii) a building the erection of which is exempt development under this Policy,(iii) a building the erection of which is complying development under this clause, or(e) the erection of a fence or a gate (including a security boom gate) having a height of not more than 5m above ground level (existing), or(f) the erection of a building consisting of a switch room, security booth, shed or the like, but only if—(i) the gross floor area of the building is not more than 500m2, and(ii) the building is 1 storey high, and(iii) the height of the building is not more than 12m above ground level (existing), and(iv) the building is located no closer than 5m from any adjoining property boundary, or(g) the erection of a rainwater or grey water tank having a storage capacity of not more than 20,000 litres of water, or(h) the installation or replacement of paving, but only if—(i) any uncontaminated stormwater that traverses the new paving is directed to a stormwater management system, and(ii) in a case where it is proposed that there be any fuel stored or any refuelling on the paved area—the paved area is bunded so that any fuel spilled on the paved area is contained.Note—The relevant water supply authority should be contacted in relation to any controls on the disposal of contaminated liquids.cll 97A: Ins 2018 (507), Sch 16 [14].
97B Complying development certificate conditions—additional conditions
A complying development certificate for development referred to in clause 97A is subject to the following conditions (in addition to the conditions set out in clause 20C)—(a) suitable screens or barricades must be erected prior to any demolition, excavation or building work in order to control dust emissions from the site,(b) in the case of development referred to in clause 97A(b), (c) or (f)—the principal certifying authority for the development 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 proposed building relative to the property boundaries,(ii) on completion of the lowest floor—a survey certificate confirming that the levels correspond to the levels shown on the plans in respect of which the complying development certificate is issued.cll 97B: Ins 2018 (507), Sch 16 [14].
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
(1) Development for the purpose of a highway service centre may be carried out in a road corridor for a freeway, main road or tollway only with consent.(2) In this clause, freeway, main road and tollway have the same meanings as in the Roads Act 1993.cl 99: Am 2018 (507), Sch 16 [15] [16].
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 TfNSW—(a) subdivision that results in the creation of an additional lot with dwelling entitlements,(b) development with a capital investment value greater than $185,000,(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 TfNSW 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, TfNSW 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 TfNSW,(c) the likely additional cost to TfNSW resulting from the carrying out of the proposed development.(4) The consent authority must give TfNSW 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 TfNSW 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.cl 100: Am 2016 No 55, Sch 3.31 [21]; 2018 (507), Sch 16 [17]; 2020 No 30, Sch 4.97[5] [6].
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 and safe, 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.cl 101: Am 2018 (507), Sch 16 [18]
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 20,000 vehicles (based on the traffic volume data published on the website of TfNSW) and that the consent authority considers is likely to be adversely affected by road noise or vibration—(a) residential accommodation,(b) a place of public worship,(c) a hospital,(d) an educational establishment or centre-based child care facility.(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 Secretary for the purposes of this clause and published in the Gazette.(3) If the development is for the purposes of residential accommodation, 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 residential accommodation—35 dB(A) at any time between 10 pm and 7 am,(b) anywhere else in the residential accommodation (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.cl 102: Am 2016 No 55, Sch 3.31 [21]; 2017 (494), Sch 6.3 [6]; 2017 (734), Sch 21 [16] [17]; 2018 (507), Sch 16 [19]; 2020 No 30, Sch 4.97[6].
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,(g) the Gore Hill Freeway,(h) the Western Distributor,(i) Southern Cross Drive,(j) the Cahill Expressway,(k) General Holmes Drive,(l) the Hume Motorway,(m) the M1 Pacific Motorway,(n) the M2,(o) the M4,(p) the M5,(q) the M4–M5 link,(r) the M7,(s) NorthConnex,(t) the Sydney Harbour Tunnel,(u) the King Georges Road Interchange,(v) the Pacific Highway.(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 TfNSW 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 Secretary 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 TfNSW with a copy of the determination of the application within 7 days after the determination is made.cl 103: Am 2016 No 55, Sch 3.31 [21]; 2018 (507), Sch 16 [20]; 2020 No 30, Sch 4.97[6].
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 (except as provided by paragraph (b))—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.(2A) A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies 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 TfNSW in relation to the development, and(b) taken into consideration any response to the notice that is received from TfNSW within 21 days after the notice is given.(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 TfNSW within 7 days after the application is made, and(b) take into consideration—(i) any submission that RMS provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, TfNSW 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 TfNSW a copy of the determination of the application within 7 days after the determination is made.cl 104: Am 2016 No 55, Sch 3.31 [21]; 2018 (507), Sch 16 [21] [22]; 2020 No 30, Sch 4.97[6].
Subdivision 3 Facilities for electric vehicles
pt 3, div 17, sdiv 3 (cll 104A, 104B): Ins 2018 (507), Sch 16 [23].
104A Premises used for recharging or exchanging batteries
Development for the purpose of premises used for recharging or exchanging the batteries of electric vehicles may be carried out by any person with consent on any of the following land adjoining a public road—(a) land in a prescribed zone,(b) land on which there is an existing service station, highway service centre or car washing facility.pt 3, div 17, sdiv 3 (cll 104A, 104B): Ins 2018 (507), Sch 16 [23].
104B Exempt development
The erection of an electric vehicle charger is exempt development if the erection of the charger complies with clause 20 and the charger—(a) is for the private non-commercial use of an owner or occupier of the premises where it is erected, or(b) is located in compliance with AS/NZS 60079.10.1, Explosive gas atmospheres in an existing—(i) car park, or(ii) bus depot, or(iii) road maintenance depot, or(iv) service station, highway service centre or car washing facility.pt 3, div 17, sdiv 3 (cll 104A, 104B): Ins 2018 (507), Sch 16 [23].
Division 18 Sewerage systems
105 Definitions
In this Division—biosolids treatment facility, sewage reticulation system, sewage treatment plant, sewerage system and water recycling facility have the same meanings as in the Standard Instrument.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 Primary Production Small Lots,(d) IN1 General Industrial,(e) IN3 Heavy Industrial,(f) SP1 Special Activities,(g) SP2 Infrastructure.cl 105: Am 2017 (734), Sch 13 [1].
106 Development permitted with or without consent
(1) Development is carried out in the prescribed circumstances if the development—(a) is carried out by or on behalf of a public authority, or(b) consists of the construction or operation of water industry infrastructure and, under the Water Industry Competition Act 2006, a network operator’s licence is required before the development may be carried out.(2) Development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out without consent on land in a prescribed zone in the prescribed circumstances.(2A) In any other circumstances, development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out with consent on land in a prescribed zone.(3) Development for the purpose of water recycling facilities may be carried out without consent on land in a prescribed zone in the prescribed circumstances.(3A) In any other circumstances, development for the purpose of water recycling facilities may be carried out with consent if—(a) the land on which the development is carried out is in a prescribed zone, or(b) the development is ancillary to an existing land use.(3B) Development for the purpose of sewage reticulation systems may be carried out without consent on any land in the prescribed circumstances.(3C) In any other circumstances, development for the purpose of sewage reticulation systems may be carried out with consent on any land.(3D) Development for the purpose of water recycling facilities or sewage reticulation systems 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, including reservoirs, and transfer works to reticulate sewage or treated effluent,(c) effluent and biosolids reuse schemes,(c1) sewage or effluent treatment systems, including artificial wetlands,(d) power supply to the development,(e) energy generating works,(f) construction works,(g) routine maintenance works,(h) environmental management works,(i) maintenance depots.(6) In this clause, network operator’s licence and water industry infrastructure have the same meanings as in the Water Industry Competition Act 2006.cl 106: Am 2017 (734), Sch 13 [2]–[5]; 2018 (507), Sch 17 [1].
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—(a) emergency works or emergency maintenance to protect a sewerage system, if they involve no greater soil or vegetation disturbance than necessary,(b) (Repealed)(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, silt or debris from any part of the sewerage system,(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 or replacement,(iv) flushing or relining of a pipeline if access is by a manhole,(v) maintenance of access tracks or fire trails (including access tracks along or to corridors, pipelines or other infrastructure),(vi) painting, servicing or minor alteration of existing equipment,(vii) alterations to existing enclosures or buildings,(viii) maintenance or replacement of sewerage system components that does not increase capacity (or increases capacity only to a minimal extent),(d) installation or maintenance of a cathodic protection system or trunk drainage channel pipeline marker,(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 of existing gates or installation of new gates, or(iv) slope stability works,(f) temporary structures associated with maintenance projects, but only if the structure has only one storey.cl 107: Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9], 13 [6], 21 [5] [12] [18]–[20]; 2018 (507), Sch 17 [2]–[4].
Division 18A Shooting ranges
pt 3, div 18A (cll 107A–107D): Ins 2017 (590), Sch 1 [2].
107A Definitions
In this Division—lawful shooting range means a shooting range that—(a) is approved under the Firearms Act 1996 and the regulations under that Act, and(b) was not established at a time when the carrying out of development on the land concerned for the purposes of a shooting range was prohibited.range danger area means an area adjoining that part of a shooting range where firearm shooting takes place (together with relevant air space) within which there may be a danger to persons or property arising from firearm shooting.shooting range means a recreation facility (outdoor) or an emergency services facility (within the meaning of Division 6) used for the purposes of any firearm shooting competition, training or practice, and includes the range danger area.pt 3, div 18A (cll 107A–107D): Ins 2017 (590), Sch 1 [2].
107B Shooting ranges permissible with consent
(1) Development may be carried out by any person with consent—(a) for the purposes of a shooting range on land on which there is a lawful shooting range, or(b) for the purposes of a range danger area on land adjoining any such lawful shooting range.(2) This clause does not require consent to carry out development on land if that development could, but for this clause, be carried out on that land without consent (including under clause 107C or 107D).pt 3, div 18A (cll 107A–107D): Ins 2017 (590), Sch 1 [2].
107C Development carried out by NSW Police Force
Development may be carried out by or on behalf of the NSW Police Force without consent for the purposes of a shooting range on land on which there is a lawful shooting range.pt 3, div 18A (cll 107A–107D): Ins 2017 (590), Sch 1 [2].
107D Exempt development
(1) This clause applies to land that is part of or adjoining a lawful shooting range if the land is in 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 Primary Production Small Lots,(e) SP1 Special Activities,(f) SP2 Infrastructure,(g) RE1 Public Recreation,(h) RE2 Private Recreation,(i) E2 Environmental Conservation,(j) E3 Environmental Management.(2) The use of land to which this clause applies for the purposes of a range danger area (including the erection of the fencing and signs required by this subclause) is exempt development if—(a) secure fencing is erected to prevent access to the range danger area and that fencing—(i) is constructed using post and wire or post and rail (and not of masonry), and(ii) if on bush fire prone land—is constructed of non-combustible material or hardwood, and(iii) if it is electrical fencing—is constructed in accordance with AS/NZS 3014:2003Electrical installations—Electric fences, and(iv) if it is on a flood control lot (within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008)—does not redirect or interrupt the flow of surface or ground water on the lot, and(b) signage is affixed to that fencing—(i) so that it is located regularly along the fencing and each sign can be clearly seen from each adjacent sign with a sign also being at each entrance in the fencing, and(ii) each sign contains the words “Firearms range—Danger keep out” (or similar) in font that is clearly legible to a person approaching the fence from outside the range danger area.Note 1—Development cannot be carried out on land without the consent of the owner of the land.Note 2—The approval under the Firearms Act 1996 for the shooting range may specify additional requirements that must be complied with in relation to a range danger area.pt 3, div 18A (cll 107A–107D): Ins 2017 (590), Sch 1 [2].
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 19A State sport and recreation centres
pt 3, div 19A (cll 109A, 109B): Ins 2017 (734), Sch 14.
109A Definition
In this Division—State sport and recreation centre means the land identified as the subject land on the following maps—(a) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Berry Land Application Map,(b) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Borambola Land Application Map,(c) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Broken Bay Land Application Map,(d) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Jindabyne Land Application Map,(e) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Lake Ainsworth Land Application Map,(f) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Lake Burrendong Land Application Map,(g) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Lake Keepit Land Application Map,(h) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Milson Island Land Application Map,(i) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Myuna Land Application Map,(j) State Environmental Planning Policy (Infrastructure) 2007 Sports and Recreation Sydney Academy Land Application Map.pt 3, div 19A (cll 109A, 109B): Ins 2017 (734), Sch 14.
109B Development permitted with or without consent
(1) Development for any of the following purposes may be carried out by or on behalf of the State Sporting Venues Authority with consent on land comprised in a State sport and recreation centre—agriculture, animal boarding or training establishments, backpackers’ accommodation, bed and breakfast accommodation, boat launching ramps, boat sheds, camping grounds, community facilities, entertainment facilities, farm stay accommodation, function centres, information and education facilities, kiosks, markets, medical centres, public administration buildings, recreation facilities (indoor), recreation facilities (major), recreation facilities (outdoor), restaurants or cafes, take away food or drink premises, water recreation structures(2) Nothing in subclause (1) requires consent to be granted for the carrying out of development on land comprised in a State sport and recreation centre if that development could, but for that subclause, be carried out on the land without consent.(3) Development for any of the following purposes may be carried out by or on behalf of the State Sporting Venues Authority without consent on land comprised in a State sport and recreation centre—environmental facilities, recreation areaspt 3, div 19A (cll 109A, 109B): Ins 2017 (734), Sch 14.
Division 20 Stormwater management systems
110 Definition
In this Division—stormwater management system means—(a) works for the collection, detention, harvesting, distribution or discharge of stormwater (such as channels, aqueducts, pipes, drainage works, embankments, detention basins and pumping stations), and(b) stormwater quality control systems (such as waste entrapment facilities, artificial wetlands, sediment ponds and riparian management), and(c) stormwater reuse schemes.cl 110: Am 2017 (734), Schs 15 [1], 21 [21].
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,(d) buildings, including buildings containing amenities for staff, that have a height of not more than 12m above ground level (existing).Note—The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.cl 111: Am 2017 (734), Sch 15 [2].
111A Development permitted with consent
Development for the purpose of a stormwater management system may be carried out by any person with consent on any land.cl 111A: Ins 2017 (734), Sch 15 [3].
112 Exempt development
(1) 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—(a) emergency works or emergency maintenance to protect a stormwater management system,(b) (Repealed)(c) routine maintenance or associated landscaping works, including the following—(i) removal of litter, silt or debris from any part of the stormwater management system,(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 or replacement of a cathodic protection system or trunk drainage channel pipeline marker,(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 of existing gates or installation of new gates,(f) temporary structures associated with maintenance projects, but only if the structure has only one storey.(2) Development is exempt development under this clause only if the development—(a) complies with clause 20, and(b) involves no greater soil or vegetation disturbance than necessary, and(c) does not involve any increase in stormwater drainage or run-off from the site concerned.cl 112: Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9], 15 [4] [5], 21 [5] [12] [18] [19] [22]; 2018 (507), Sch 18.
Division 21 Telecommunications and other communication facilities
Note—
The installation of telecommunications facilities identified as low impact facilities by a determination made under clause 6(3) of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth may be exempt under that Schedule from State laws.
pt 3, div 21, note: Subst 2010 (375), Sch 1 [2]; 2017 (734), Sch 16 [1].
113 Definitions
In this Division and Schedule 3A—ancillary facilities to a telecommunications facility means any of the following—(a) safety rails, fences or guards,(b) staircases or ladders,(c) steel walkways,(d) spreader beams supporting shelters,(e) screens or shrouds,(f) cable trays,(g) pole, rail or pedestal mounts,(h) electromagnetic energy, safety or operational signage,(i) anti-climbing devices,(j) power supply such as cabling, standby generators or small solar arrays,(k) raised platforms on flood liable land.array of antennas means two or more antennas connected and arranged in a regular structure to form a single antenna.carrier has the same meaning as in the Telecommunications Act 1997 of the Commonwealth.Civil Aviation Safety Authority means the Civil Aviation Safety Authority established under the Civil Aviation Act 1988 of the Commonwealth.co-location purpose means for the purpose of placing the telecommunications facilities of two or more carriers on the same support structure.directional antenna means an antenna that focuses a narrow beam in a single specific direction, and includes an array of such antennas.Electromagnetic Radiation Standard means the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2014 made under section 162 of the Radiocommunications Act 1992 of the Commonwealth.emergency, in relation to a telecommunications facility, means circumstances in which the facility must be installed without delay to protect—(a) the integrity of a telecommunications network or a facility, or(b) the health or safety of persons, or(c) the environment, or(d) property, or(e) the maintenance of an adequate level of service.equivalent land use zone, in relation to a named land use zone, means a land use zone that is equivalent to the named land use zone.Note—Land use zones that are named in this Policy are those set out in the Standard Instrument. See also clause 6 for the meaning of a land use zone that is equivalent to a named land use zone.fibre access node means a facility that houses equipment for the purposes of a fibre to the premises distribution network.fibre to the premises distribution network means an extensive network of optical fibre cables reaching all the way to the particular premises to which communications services are provided.heritage item means a local heritage item or a State heritage item.interconnect point means a facility that contains connection points for connection to a distribution network by wholesale or retail telecommunications service providers.maintenance activities, in relation to a telecommunications facility, means painting, restoration or minor replacement of materials, elements, components, equipment or fixtures that comprise the facility for the purposes of maintaining or ensuring the proper functioning of the facility.microcell installation means an installation that comprises one or more antennas and associated equipment cabinets for use in supplementing a mobile phone network in heavy usage areas by providing localised additional coverage or extra call capacity (or both).Mobile Phone Base Station Code means the code published by Communications Alliance Ltd entitled C564:2011Mobile Phone Base Station Deployment.omnidirectional antenna means an antenna that sends or receives signals equally in all directions, and includes—(a) an array of such antennas, and(b) such an antenna for repeater installations, global positioning systems and the like.panel antenna means a directional antenna that is flat and has a panel-like appearance.Radiation Protection Standard means the Radiation Protection Standard entitled Maximum Exposure Levels to Radiofrequency Fields—3 kHz to 300 GHz (2002, Radiation Protection Series No 3, as republished in 2016) published by the Australian Radiation Protection and Nuclear Safety Agency.subscriber connection means an installation for the sole purpose of connecting premises to a telecommunications network.support mount, in relation to a telecommunications facility, means a structure to support the facility, but does not include a tower.telecommunications facility means—(a) any part of the infrastructure of a telecommunications network, or(b) any line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or(c) any other thing used in or 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.tower means a freestanding ground-based structure that supports a telecommunications facility at a height where it can satisfactorily send and receive radio waves, but does not include the facility.yagi antenna means an antenna that radiates in only one direction, consisting of one or two dipoles connected to the transmitting or receiving circuit, and several insulated dipoles all parallel and about equally spaced in a line.cl 113: Am 2010 (375), Sch 1 [3] [4]; 2010 (665), Sch 1 [2]–[5]; 2011 No 27, Sch 2.50 [2]; 2017 No 22, Sch 2.37 [4]; 2017 (734), Sch 16 [2]–[5].
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, and(c) take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Secretary for the purposes of this clause and published in the Gazette.(3) Development for the purpose of co-locating telecommunications network cables on electricity or cable poles or with underground electricity or cable facilities, other than subscriber connections, may be carried out by any person without consent on any land.(3A) To avoid doubt, development does not cease to be development permitted under subclause (3) if a cable is not co-located on a pole for safety reasons.(4) Development for the purpose of subscriber connections, other than development of a kind specified in clause 116, 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) Development for the purposes of an underground telecommunications network cable, other than subscriber connections, may be carried out by any person without consent on any land if the existing electricity or telecommunications network cable facilities are located underground.(6) Before carrying out development to which subclause (5) applies, a person 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, and(b) take into consideration any response to the notice that is received within 21 days after the notice is given.(7) Development for the purposes of a new or existing fibre access node (including the extension of the area of an existing fibre access node or the installation of equipment, plant or structures in an existing fibre access node or an associated building) may be carried out by any person without consent on any land.(8) Before carrying out development to which subclause (7) applies that is not a project to which Part 3A of the Act applies or State significant infrastructure, a person 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 and to the occupiers of adjoining and adjacent land, and(b) take into consideration any response to the notice that is received within 21 days after the notice is given.cl 114: Am 2010 (375), Sch 1 [5]–[7]; 2010 (665), Sch 1 [6]–[8]; 2017 (734), Sch 21 [10].
114A Development permitted without consent—submarine cables
Development for the purpose of submarine telecommunication cables (and any attached devices) laid on or under the seabed beneath the coastal waters of the State and below the mean high water mark, being cables used for communications between Australia and other countries, may be carried out by any person without consent on any land.cl 114A: Ins 2011 (511), Sch 6.11 [9].
115 Development permitted with consent
(1) Development for the purposes of telecommunications facilities, other than development in clause 114 or development that is exempt development under clause 20 or 116, may be carried out by any person with consent on any land.(2) (Repealed)(3) Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Secretary for the purposes of this clause and published in the Gazette.cl 115: Am 2010 (375), Sch 1 [8]–[10]; 2010 (665), Sch 1 [9].
116 Exempt development
(1) Development carried out by or on behalf of any person on land in connection with a telecommunications facility is exempt development if—(a) it is for any of the purposes specified in Part 1 of Schedule 3A, and(b) it meets the development standards (if any) for the development specified in Part 1 of Schedule 3A, and(c) it complies with clause 20, and(d) the land on which the development is proposed to be carried out is not located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and(e) (Repealed)(f) in the case of development that is development of a kind to which the Mobile Phone Base Station Code applies—(i) it complies with that Code, and(ii) it is designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, andNote—If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.(g) in the case of development for the purpose of boring or directional drilling in connection with a telecommunications facility or for the purpose of an underground conduit or cable deployed by either trench or direct burial—(i) access to business premises is not restricted between the hours of 7 am and 5 pm, Monday to Friday, or such other hours agreed to by the relevant local government authority (ie, any hours within the range of 7 am to 5 pm), and(ii) where the development is on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone—not more than 100 metres of excavation is left open at any time and vehicle access to each affected property is not lost for more than 8 hours in total, and(h) it complies with any relevant site and height requirements specified by the Civil Aviation Regulations 1988, Airports (Protection of Airspace) Regulations 1996 or Defence (Areas Control) Regulations 1989 of the Commonwealth, andNoteSee the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements.(i) it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and(j) (Repealed)(2) Despite subclause (1), development for any of the purposes specified in items 1, 2 or 3 of Part 1 of Schedule 3A is exempt development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation.cl 116: Subst 2010 (375), Sch 1 [11]. Am 2010 (754), Sch 1 [37] [38]; 2013 (706), Sch 2.11 [3]; 2017 (734), Sch 16 [6] [7].
116A Complying development
(1) Development carried out by or on behalf of any person on land in connection with a telecommunications facility (other than exempt development under clause 20A or 116) is complying development if—(a) it is for any of the purposes specified by Part 2 of Schedule 3A, and(b) it meets the development standards (if any) for the development specified in Part 2 of Schedule 3A, and(c) it complies with the requirements of this clause and clause 20B.(2) To be complying development, the development—(a), (b) (Repealed)(c) must not be carried out on land located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and(d) in the case of development that involves the installation of equipment—must be carried out in accordance with the applicable specifications (if any) of the manufacturer for the installation of such equipment, and(e) in the case of development that is development of a kind to which the Mobile Phone Base Station Code applies—must—(i) comply with that Code, and(ii) be designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, andNote—If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.(f) must comply with any relevant site and height requirements specified by the Civil Aviation Regulations 1988, Airports (Protection of Airspace) Regulations 1996 or Defence (Areas Control) Regulations 1989 of the Commonwealth, andNoteSee the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements.(g) must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and(h), (i) (Repealed)(3) Despite subclause (1), development for any of the purposes specified in items 1, 2 or 3 of Part 2 of Schedule 3A is complying development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation.cl 116A: Ins 2010 (375), Sch 1 [11]. Am 2010 (754), Sch 1 [39]–[41]; 2013 (706), Sch 2.11 [4]; 2017 (734), Sch 16 [6] [7]; 2018 (507), Sch 4 [5].
116B Complying development certificates—additional conditions
A complying development certificate for development that is complying development under this Division is subject to the following conditions—(a) the conditions set out in clause 20C,(b) if the development is part of infrastructure for a public mobile phone network—the principal certifying authority must, before work commences, be given—(i) in the case of development that will produce electromagnetic radiation—a report in the format required by the Australian Radiation Protection and Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and(ii) a report showing compliance with the Mobile Phone Base Station Code.cl 116B: Ins 2010 (375), Sch 1 [11]. Subst 2010 (754), Sch 1 [42]. Am 2017 (734), Sch 16 [6].
116C Relationship of this Division with Telecommunications Act 1997 of Commonwealth
(1) If a carrier is authorised to carry out development for a particular purpose by Division 2, 3 or 4 of Part 1 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth, this Division does not authorise or permit the carrier to carry out development for that purpose otherwise than in accordance with the authority given by that Act.(2) If the development that a carrier proposes to carry out is not authorised by Division 2, 3 or 4 of Part 1 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth, nothing in this Division prevents the carrier from carrying out development for that purpose in a manner authorised or permitted by this Division.cll 116C: Ins 2010 (375), Sch 1 [11].
116D Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010
A consent authority is not required to have regard to guidelines issued for the purposes of clause 115(3) (as inserted by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010) in relation to development applications made, but not finally determined, before the commencement of that subclause.cll 116D: Ins 2010 (375), Sch 1 [11].
Division 22 Travelling stock reserves
117 Definitions
In this Division—local board means a local board established under Division 2 of Part 3 of the Local Land Services Act 2013.travelling stock reserve has the same meaning as in the Local Land Services Act 2013.cl 117: Am 2008 No 62, Sch 2.53 [2]. Subst 2017 (734), Sch 17 [1].
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 local 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.cll 118: Am 2017 (734), Sch 17 [2].
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 local 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.cll 119: Am 2017 (734), Sch 17 [2].
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, waste disposal facility, waste or resource management facility and waste or resource transfer station have the same meanings as in the Standard Instrument.cl 120: Am 2017 (734), Sch 18 [1].
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 (within the meaning of Schedule 1 to 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.cl 121: Am 2017 No 22, Sch 2.37 [5].
121AA Exempt development
(1) Any of the following development is exempt development if the development is in connection with a waste or resource management facility—(a) emergency works to protect a waste or resource management facility,(b) development for the purposes of routine maintenance or associated landscaping works, including the following—(i) works carried out to maintain access tracks,(ii) removal of litter or debris from stormwater quality control systems,(c) development for the purposes of investigations (including geotechnical and other testing, surveying and sampling) in the circumstances specified in Schedule 1,(d) internal alterations to buildings in the circumstances specified in Schedule 1, but only if the alterations do not increase the capacity of the facility (or increase the capacity only to a minimal extent),(e) demolition and replacement of weighbridges,(f) installation of shelters over weighbridges,(g) demolition and replacement of storage sheds.(2) Development is exempt development under this clause only if the development—(a) complies with clause 20, and(b) involves no greater soil or vegetation disturbance than necessary, and(c) does not involve any increase in stormwater drainage or run-off from the site concerned.cl 121AA: Ins 2017 (734), Sch 18 [2].
121A Exempt development—disposal of drug exhibit waste
(1) Development for the purposes of the incineration of drug exhibit waste in a facility that has the written approval of the NSW Police Force is exempt development if the development is carried out in compliance with the following requirements—(a) the only drug exhibit waste incinerated is waste received from the NSW Police Force,(b) that waste is contained in drug bags made of polyethylene, or polypropylene, that is chlorine-free,(c) the combustion chamber used for the incineration of that waste and its casing is as airtight as reasonably possible,(d) during the incineration of that waste in that combustion chamber, combustion gases within the chamber are at or above 850°C for a minimum of 2 seconds,(e) the plant used for the incineration is fitted with monitoring and control equipment to monitor and ensure compliance with paragraph (d) and that equipment is maintained in working condition and used during any incineration of that waste,(f) no more than 50 kilograms of that waste is placed into, or otherwise contained in, the combustion chamber for incineration at any one time.(2) In this clause—drug exhibit waste means any prohibited drug or prohibited plant—(a) that is listed in Schedule 1 to the Drug Misuse and Trafficking Act 1985, and(b) that was collected, seized or confiscated by, or surrendered to, the NSW Police Force, and(c) that is no longer required by the NSW Police Force.Note—Part 3A of the Drug Misuse and Trafficking Act 1985 contains provisions about the destruction of exhibits (including the disposal of prohibited plants and prohibited drugs) and requires the destruction of exhibits to occur in the presence of police officers.cl 121A: Ins 2016 (88), Sch 1.
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 and Environment.(2) Development for any of the following purposes may be carried out by any person without consent on the depot site—(a) monitoring or mitigating pollution as a result of the operation of the depot,(b) rehabilitation of land.(3) Development for any of the following purposes may be carried out by any person with consent on the depot site—(a) (Repealed)(b) disposal of inert waste,(c) resource recovery or recycling facilities.cl 122: Am 2016 No 55, Sch 3.31 [10]; 2017 (734), Sch 18 [3] [4].
123 Determination of development applications
(1) 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 there is a suitable level of recovery of waste, such as by using alternative waste treatment or the composting of food and garden waste, so that the amount of waste is minimised before it is placed in the landfill, and(b) whether the development—(i) adopts best practice landfill design and operation, and(ii) reduces the long term impacts of the disposal of waste, such as greenhouse gas emissions or the offsite impact of odours, by maximising landfill gas capture and energy recovery, and(c) if the development relates to a new or expanded landfill—(i) whether the land on which the development is located is degraded land such as a disused mine site, and(ii) whether the development is located so as to avoid land use conflicts, including whether it 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, and(d) whether transport links to the landfill are optimised to reduce the environmental and social impacts associated with transporting waste to the landfill.(2) In this clause—putrescible waste means general solid waste (putrescible) within the meaning of clause 49 of Schedule 1 to the Protection of the Environment Operations Act 1997.cl 123: Am 2010 (360), Sch 1 [1] [2].
Division 24 Water supply systems
124 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) RU4 Primary Production Small Lots,(d) IN1 General Industrial,(e) IN3 Heavy Industrial,(f) SP1 Special Activities,(g) SP2 Infrastructure.water reticulation system has the same meaning as in the Standard Instrument but also includes water supply reservoirs.water storage facility, water supply system and water treatment facility have the same meanings as in the Standard Instrument.cl 124: Subst 2017 (734), Sch 19 [1]. Am 2019 (224), cl 4 (2) (3).
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 may be carried out without consent if it is carried out by or on behalf of—(a) any public authority on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP1 Special Activities, Zone SP2 Infrastructure or an equivalent land use zone, or(b) Water NSW on land within the Sydney catchment area within the meaning of the Water NSW Act 2014.(3) A reference in subclause (2) to development for the purpose of water storage facilities, includes a reference to development for any of the following purposes—(a) catchment management works,(b) recreation areas associated with a water storage facility.(3A) 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 a prescribed zone.(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,(l) schemes for the reuse of water treatment residuals,(m) maintenance depots.(6) Development for any of the following purposes may be carried out by or on behalf of Water NSW 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 area within the meaning of the Water NSW Act 2014, 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.cl 125: Am 2014 No 74, Sch 3.30 [2] [3]; 2017 (734), Sch 19 [2] [3].
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,(b) a pilot desalination plant on the Kurnell Peninsula.cl 126: Am 2017 (734), Sch 19 [4].
126A Development permitted with consent
(1) Development for the purpose of water reticulation systems may be carried out by any person with consent on any land.(2) Development for the purpose of water treatment facilities may be carried out by any person with consent on land in a prescribed zone.(3) Nothing in this clause requires a public authority to obtain consent for development that is permitted without consent by clause 125.cl 126A: Ins 2017 (734), Sch 19 [5].
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 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 to protect a water supply system,(b) (Repealed)(c) routine maintenance or associated landscaping works,(d) removal of litter, silt or debris from any part of the water supply system,(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 or replacement,(g) installation or maintenance of a trunk drainage channel pipeline marker,(h) installation, 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 or fire trails (including access tracks along or to corridors, pipelines or other infrastructure),(k) painting, servicing or minor alteration of existing equipment,(l) alterations to existing enclosures or buildings,(m) maintenance or replacement of components of water supply systems that does not increase capacity (or increases capacity only to a minimal extent),(m1) any of the following in relation to water meters—(i) installation of water meters having a height, width and depth no greater than 1.2m, 300mm and 1.5m, respectively,(ii) installation of bollards (to protect water meters from vehicles) having a height no greater than 1.2m,(iii) maintenance or decommissioning of water meters,(m2) any of the following in relation to telemetric equipment that is associated with dams, weirs or reservoirs—(i) installation of telemetric equipment having a width and height no greater than 600mm and 2m, respectively,(ii) maintenance or decommissioning of telemetric equipment,(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 of existing gates or installation of new gates, or(iv) slope stability works,(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.cl 127: Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 19 [6]–[9], 21 [5] [12] [18] [19] [23]; 2018 (507), Sch 20 [1] [2].
127A Determination of development applications
(1) This clause applies to development on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map.(2) Development consent must not be granted to development to which this clause applies unless the consent authority is satisfied the development is consistent with the Guideline for Development Adjacent to the Upper Canal and Warragamba Pipelines, published by Water NSW in September 2021.cl 127A: Ins 2021 (611), cl 4.
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, and(d) (Repealed)(e) salt interception schemes to improve water quality in surface freshwater systems, and(f) installation or upgrade of waterway gauging stations for water accounting purposes.cl 128: Am 2010 (754), Sch 1 [43] [44]; 2018 (106), Sch 2.15 [9] [10].
129 Development permitted without consent
(1) Despite clause 129A, 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.(1A) To avoid doubt, subclause (1) does not permit the subdivision of 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 erosion,(d) environmental management works.(2A), (2B) (Repealed)(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.cl 129: Am 2010 (754), Sch 1 [45]–[48]; 2013 No 47, Sch 2.25; 2017 (734), Sch 21 [5]; 2018 (106), Sch 2.15 [11]–[13].
129A (Repealed)
cl 129A: Ins 2010 (754), Sch 1 [49]. Rep 2018 (106), Sch 2.15 [14].
Division 25A Subdivision of Sydney Harbour and adjacent land
pt 3, div 25A: Ins 2017 (590), Sch 1 [3].
129B Consent authority
The Minister administering the Ports and Maritime Administration Act 1995 is the consent authority for the purposes of this Division.cl 129B: Ins 2017 (590), Sch 1 [3].
129C Subdivision of land permitted with consent
(1) Despite any other environmental planning instrument, land owned by Transport for NSW that is in or adjacent to Sydney Harbour and that is subject to a lease that was entered before the commencement of this Division may be subdivided with development consent.(2) The consent authority must not give development consent to subdivision under this clause unless the consent authority is satisfied that the subdivision is necessary for the purposes of—(a) renewing, for a period of 5 years or more, the lease to which the land is subject, or(b) entering, for a period of 5 years or more, a new lease over the land subject to the lease with the same lessee.(3) Before granting consent to subdivision under this clause the consent authority must consider whether, and to what extent, the subdivision is likely to result in any reduction in public access to the foreshore or waterways.(4) Land is subject to a lease for the purposes of this clause even if any written lease has expired if the lessee has, with the consent of the lessor, continued to occupy the land.(5) In this clause—Sydney Harbour includes all tidal bays, rivers and their tributaries connected with or leading to Sydney Harbour, and all waters bounded by mean high water mark and lying to the west of a line running between the southernmost point of North Head and the northernmost point of South Head.cl 129C: Ins 2017 (590), Sch 1 [3]; 2020 No 30, Sch 4.97[2].
Division 26 Special provisions
pt 3, div 26: Ins 2008 (456), Sch 1.
130 Complying development—connections to Sydney and Hunter water supply and sewerage
(1) Development (including any associated earthworks or demolition) involved in installing a pipeline is complying development if the pipeline—(a) connects to a relevant utility operator’s water reticulation system and supplies water to land on which the whole or part of the development is carried out, or(b) connects to a relevant utility operator’s sewage reticulation system and collects and conveys sewage from land on which the whole or part of the development is carried out.(2) Development is complying development under this clause only if—(a) the development complies with clause 20B (General requirements for complying development), and(b) the development is carried out by a person who is neither a relevant utility operator nor acting on behalf of a relevant utility operator, and(c) the pipeline is—(i) no more than 375mm in diameter and no more than 1km in length, and(ii) if more than 500m in length—installed no more than 6m below ground level (existing), and(d) the land on which the development is carried out is not an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.(3) In this clause—relevant utility operator means the Sydney Water Corporation or the Hunter Water Corporation.cl 130: Ins 2008 (456), Sch 1. Am 2009 (536), Sch 1 [1]–[4]; 2010 (754), Sch 1 [50]; 2014 No 33, Sch 2.37 [2]. Subst 2017 (734), Sch 20.
131 Complying development certificate—additional conditions for connections to Sydney and Hunter sewerage and water supply
(1) A complying development certificate for development referred to in clause 130 is subject to the conditions specified in this clause (in addition to the conditions set out in clause 20C).(2) Compliance with requirements of the Sydney Water Corporation or the Hunter Water Corporation Any relevant requirements of the Sydney Water Corporation or the Hunter Water Corporation in relation to the development must be complied with.(3) Notification of adjoining owners The person having the benefit of the complying development certificate must give at least 7 days’ notice in writing of the intention to commence the works to the owner or occupier of any dwelling that is situated within 20m of the lot on which the works will be carried out.(4) Earthworks If any earthworks are carried out—(a) those earthworks (including any structural support, or other related structure for the purposes of the development) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and(b) those earthworks (including any structural support, or other related structure for the purposes of the development) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and(c) any excavation must be carried out in accordance with Excavation Work, Code of Practice (ISBN 978 0 642 78544 2), published in March 2015 by Safe Work Australia, and(d) any fill brought to the site must contain only virgin excavated natural material (within the meaning of Schedule 1 to the Protection of the Environment Operations Act 1997).(5) Demolition Any demolition work must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures.cl 131: Ins 2008 (456), Sch 1. Am 2010 (754), Sch 1 [51] [52]. Subst 2017 (734), Sch 20.
132 (Repealed)
cl 132: Ins 2017 (734), Sch 20. Am 2018 (507), Sch 3 [1]. Rep 2020 (763), Sch 1[2].
Schedule 1 Exempt development—general
(clause 20A)
Note—
Clause 20A and this Schedule do not apply to development carried out by public authorities in connection with an existing educational establishment. Exempt development of that kind is provided for in State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.
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. |
Air conditioning units | • Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2013, Performance of electrical appliances—Airconditioners and heat pumps, Part 2: Energy labelling and minimum energy performance standards (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. • 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. • Must not involve the use of external combustible cladding (within the meaning of the Environmental Planning and Assessment Regulation 2000). • Any re-cladding must— |
Building internal alterations | • Must be non-structural alterations to existing building only, such as— • Must not affect load-bearing capacity of any load-bearing component of building. |
Car parks—at grade car parks only | • Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates). • Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995. • Must not exceed 200 spaces for a site with access to any road or 50 spaces for a site with access to a classified road or to a road that connects to a classified road (if the access is within 90m of that connection, measured along the alignment of the connecting road). |
Carports associated with an existing building | • Floor area must not exceed 36m2. • Height must not exceed 3.5m above ground level (existing) and external wall height must not exceed 3m 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 (including sheds, kiosks, ceilings, partitions, stairs, ducts, fencing, flagpoles and advertising structures) the erection of which is exempt development under this Policy | • Building or structure must not be a heritage item or within a heritage conservation area. • Must be carried out in accordance with AS 2601—2001, Demolition of structures and must not cover an area of more than 250m2. |
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. • Height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line, or 1.2m if forward of that line, in any of the following land use zones or a land use zone that is equivalent to any of those zones— • 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 | • If located within a residential care facility for seniors (within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004), a fire sprinkler system must comply with the Fire Sprinkler Standard (within the meaning of Division 7B in Part 9 of the Environmental Planning and Assessment Regulation 2000). |
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 (for which, in each case, any required consent has been obtained) | • Must be in accordance with AS 4687—2007, Temporary fencing and hoardings. • 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. |
Investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling) relating to proposed development or for the purposes of system development or determining the safety or condition of infrastructure | • Must not involve any greater disturbance of the ground or vegetation than is necessary. • Must not result in an increase in stormwater drainage or run-off from the site concerned. |
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. • Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995. |
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 (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 in accordance with AS/NZS 1576.1:2010, Scaffolding, Part 1: General Requirements. • 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 | |
Existing signs—maintenance, replacement or change in display if existing sign is exempt under this Policy | • Must not involve a change in area, form or shape. |
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 Secretary 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— |
sch 1: Am 2009 (327), Sch 1 [7]; 2010 (375), Sch 1 [12]; 2010 (754), Sch 1 [53]–[55]; 2012 (189), Sch 2 [2] [3]; 2012 (670), Sch 3; 2017 (494), Sch 6.3 [7] [8]; 2017 (734), Schs 2 [13]–[22], 21 [18]; 2018 (505), Sch 1.4 [2]; 2018 (507), Sch 4 [6]–[10].
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
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.
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 UpgradingAdditional rail line, station works upgrade and extension of Hornsby stabling yard.(b) Cronulla UpgradingUpgrading of the Cronulla Line, alterations to Cronulla, Kirrawee, Woolooware and Sutherland Stations and the reconfiguration of stabling.(c) Lidcombe UpgradingUpgrading Lidcombe Station and track changes (including a turnback line).(d) Homebush UpgradingUpgrading Homebush Station and track changes (including a turnback line).(e) Kingsgrove to Revesby UpgradingUpgrading Revesby Station, additional tracks between and in the vicinity of Kingsgrove to Revesby Stations and any associated station works.(f) Quakers Hill to Vineyard UpgradingConstruction of stations, upgrading of stations, relocation of stations, additional tracks between and in the vicinity of Quakers Hill to Vineyard Stations.(g) Carlingford Line UpgradingTrack changes including construction of a passing loop and the upgrading of Rydalmere Station.(h) Sydenham–Erskineville UpgradingTrack 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 UpgradingUpgrading Liverpool Station, reconfiguration of stabling and changes to track (including a turnback line).(j) Macarthur UpgradingUpgrading 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.
11 Gore Hill Freeway
A 3.5km long freeway consisting mainly of a 6-lane dual carriageway (2 × 3 lanes each) linking Warringah Freeway, Cammeray to Reserve Road, Artarmon.
12 Western Distributor
A 2.3km long roadway consisting of a 6-lane dual carriageway (2 × 3 lanes each) linking Glebe Arterial Road, Pyrmont to Bradfield Highway at the Sydney Harbour Bridge.
13 Southern Cross Drive
A 5.02km long roadway consisting mainly of a 6-lane dual carriageway (2 × 3 lanes each) linking General Holmes Drive, Mascot to Darling Street, Eastlakes.
14 Cahill Expressway
A 1.68km long roadway consisting mainly of a 4-lane dual carriageway (2 × 2 lanes each) linking the Cross City Tunnel, Sydney to Bradfield Highway at the Sydney Harbour Bridge.
15 General Holmes Drive
A 4.4km long roadway consisting mainly of a 6-lane dual carriageway (2 × 3 lanes each) linking Bestic Street, Brighton-Le-Sands to Botany Road, Mascot.
16 Hume Motorway
A motorway from South Western Freeway, Edmondson Park via Mittagong Bypass and Berrima Bypass to Mereworth Road Interchange at Medway Rivulet via divided carriageway road, including Marulan Bypass, Goulburn Bypass, Cullerin Range deviation and Gunning Bypass, Yass Bypass, Bowning Bypass, Bookham Bypass and Jugiong Bypass, continuing via Gundagai Bypass, Tarcutta Bypass, Holbrook Bypass and the Albury-Wodonga Freeway to the Victorian State border.
17 M1 Pacific Motorway
A mainly divided motorway from Pennant Hills Road, Wahroonga to John Renshaw Drive, Beresfield, including a connection to NorthConnex at Wahroonga.
18 M2
A 20km motorway linking the Lane Cove Tunnel in Lane Cove to the M7 in Baulkham Hills, including a connection to NorthConnex.
19 M4
A transport system comprising the following—(a) a motorway from Russell Street, Emu Plains to the new widened motorway at Parramatta,(b) the new widened motorway at Parramatta to Homebush (changed from 3 to 4 lanes in each direction),(c) a 6.5km (of which 5.5km is underground) motorway connecting the new widened motorway at Homebush with connections to the M4–M5 link.
20 M5
A transport system comprising the following—(a) a motorway comprising twin 2-lane tunnels linking the M5 South-West at Beverly Hills to General Holmes Drive, Mascot,(b) duplicated M5 East from King Georges Road Interchange upgrade at Beverly Hills to a new interchange at St Peters with 9km twin underground motorway tunnels (including underground connection points for the M4–M5 link and the proposed F6 extension) from Kingsgrove to St Peters Interchange, with connections to Alexandria and Mascot and connections to the proposed Sydney Gateway and M4–M5 link,(c) a 20km motorway comprising twin 3-lane carriageways linking the M7 in Prestons to the M5 East at King Georges Road, Beverly Hills.
21 M4–M5 Link
A 9.2km underground tunnel motorway connecting from Haberfield to St Peters Interchange with connections to the Rozelle interchanges, Western Harbour Tunnel, New M4, New M5 and the future Sydney Gateway.
22 M7
A 40km motorway comprising twin 2-lane carriageways linking the M2 in Baulkham Hills to the M5 South-West in Prestons, including a connection to the M4.
23 NorthConnex
A 9km twin tunnel linking the M1 Pacific Motorway at Wahroonga to the Hills M2 at West Pennant Hills.
24 Sydney Harbour Tunnel
A 2.7km motorway comprising twin 2-lane carriageways beneath Sydney Harbour linking the Cahill Expressway at Sydney to the Warringah Freeway at North Sydney.
25 King Georges Road Interchange
The interchange between the M5 West and the M5 East at Beverly Hills.
26 Pacific Highway
A highway from Maitland Road, Hexham via Raymond Terrace Bypass Freeway, Karuah Bypass Freeway, Bulahdelah Freeway, Taree Bypass Freeway, Coopernook Bypass, Moorland Bypass, Kew Bypass, Telegraph Point, Kempsey, Frederickton, Clybucca, Eungai Creek, Warrell Creek, Macksville, Urunga, Bonville Bypass, Coffs Harbour, Woolgoolga, South Grafton, Ulmarra, Cowper Bypass, Tyndale Bypass, Woodburn, Wardell, Ballina, Bangalow Bypass, Brunswick-Yelgun Freeway, Yelgun-Chinderah Freeway, Chinderah Bypass, Tweed Heads Bypass and Tugun Bypass Freeway to the Queensland border.
sch 2: Am 2018 (507), Sch 16 [24] [25].
Schedule 3 Traffic-generating development to be referred to Transport for NSW
(Clause 104)
sch 3, hdg: Am 2016 No 55, Sch 3.31 [21]. Subst 2018 (507), Sch 16 [26]. Am 2020 No 30, Sch 4.97[7].
Note—
The development specified in Column 1 may involve the erection of new premises or an enlargement or extension of existing premises. If the development involves an enlargement or extension of existing premises, the relevant size or capacity specified in the table is the additional (rather than the total) size or capacity of the premises as a result of the enlargement or extension.
Column 1 | Column 2 | Column 3 |
Purpose of development | Size or capacity—site with access to a road (generally) | 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) |
Airports or heliports | Any size or capacity | Any size or capacity |
Car parks (whether or not ancillary to other development) | 200 or more car parking spaces | 50 or more car parking spaces |
Commercial premises (other than premises specified elsewhere in this table) | 10,000m2 in gross floor area | 2,500m2 in gross floor area |
Food and drink premises (other than take away food and drink premises with drive-through facilities) | Car parking for 200 or more motor vehicles | 300m2 in gross floor area |
Freight transport facilities | Any size or capacity | Any size or capacity |
Hospitals | 200 or more beds | 100 or more beds |
Industry | 20,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 5,000m2 in site area or (if the site area is less than the gross floor area) gross floor area |
Liquid fuel depots | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area |
Residential accommodation | 300 or more dwellings | 75 or more dwellings |
Service stations without heavy vehicle refuelling or maintenance services | Any size or capacity | |
Service stations with heavy vehicle refuelling or maintenance services | Any size or capacity | Any size or capacity |
Shops | 2,000m2 in gross floor area | 500m2 in gross floor area |
Subdivision of land | 200 or more allotments where the subdivision includes the opening of a public road | 50 or more allotments |
Take away food and drink premises with drive-through facilities | 200 or more motor vehicles per hour | Any size or capacity |
Transport depots | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area |
Warehouse or distribution centres | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area |
Waste or resource management facilities | Any size or capacity | Any size or capacity |
Any other purpose | 200 or more motor vehicles per hour | 50 or more motor vehicles per hour |
sch 3: Am 2017 (494), Sch 6.3 [9]. Subst 2018 (507), Sch 16 [26].
Schedule 3A Exempt and complying development in relation to telecommunications facilities
(Clauses 116 and 116A(1))
Part 1 Exempt development
Column 1 | Column 2 | |
Item | Development purpose | Development standards |
1 | Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) | 1.1 If the development is carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone or on a dwelling— |
1.2 If the development is not carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone or on a dwelling, the dish must be no more than 1.8 metres in diameter. | ||
1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. | ||
1.4 If the dish is mounted on a heritage item or in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. | ||
2 | Panel antenna, yagi antenna or other directional antenna | 2.1 The antenna— |
2.2 If the antenna is flush mounted, it must not project above the height of the structure on which it is mounted. | ||
2.3 The antenna must be the same colour as its background or painted a neutral colour such as grey. | ||
2.4 If the antenna is mounted on a heritage item or in a heritage conservation area other than by means of flush mounting, the antenna must not be visible from the street at ground level from the property boundary. | ||
3 | Omnidirectional antenna | 3.1 An antenna must not be— |
3.2 If an antenna is mounted on a heritage item or in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. | ||
4 | Microcell installation | 4.1 If the installation includes a cabinet, the cabinet must be not more than 1 cubic metre in volume. |
4.2 If the installation includes an omnidirectional antenna, the antenna must not be more than 1 metre long. | ||
4.3 If the installation includes a directional antenna, the antenna must not be more than 1.2 metres long. | ||
5 | In-building coverage installation (picocell installation) for the purposes of improving broadband coverage to wireless technology users or the coverage of mobile phone users operating inside the building | 5.1 All elements of the installation must be wholly located within a building, structure or tunnel, or integrated with the building, structure or tunnel in such a way as to have the general appearance of being part of the structure. |
6 | Equipment installed inside a structure | 6.1 Equipment installed inside a structure (including an antenna and fibre-optic cable) must be concealed in the existing structure. |
7 | An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone | 7.1 The extension must be— |
7.2 The tower to be extended must not have previously been extended. | ||
8 | Replacement of a tower | 8.1 If the original tower is located on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone— |
8.2 If the original tower is not located on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone— | ||
8.3 The replacement tower must be similar in appearance to the original tower, except that a lattice tower (free standing steel framework tower) may be replaced by a monopole tower (free standing mast or pole like tower). | ||
8.4 The original tower must be decommissioned and removed within 12 weeks of the telecommunications equipment on the replacement tower being commissioned. | ||
8.5 The location of the tower that has been removed must be restored to a condition that is similar to its condition before the original tower was installed and landscaped as appropriate. | ||
9 | Underground housing | 9.1 If the housing is in the form of a pit, manhole or other underground equipment shelter or housing, the opening area for the pit, manhole, shelter or housing must be not more than 2 square metres. |
9.2 The land on which the housing is located must be restored to a condition that is similar to its condition before the underground housing was constructed. | ||
10 | Above ground housing of any of the following kinds— (a) a pillar, cabinet or pedestal installation, (b) an equipment shelter, (c) housing within a building for subscriber connection equipment, (d) if on land in Zone RU1, RU2, RU3, RU4, RU5 or RU6 or an equivalent land use zone—a solar panel used to power telecommunications equipment contained in the above ground housing. | 10.1 If the development is a pillar, cabinet or pedestal installation, it must— |
10.2 If the development is an equipment shelter (other than an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like), it must— | ||
10.3 If the development is an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like, it must— | ||
10.4 If the development is a solar panel used to power telecommunications equipment contained in the above ground housing, the base area of the panel must not be more than 7.5 square metres. | ||
10.5 If the development is on a heritage item or in a heritage conservation area, it must not be visible from the street at ground level from the property boundary. | ||
11 | Underground conduit or cable including subscriber connection and fibre-optic cable for broadband | 11.1 The conduit or cable may only be— |
11.2 A marking post or sign must be erected indicating the location of the conduit or cable. | ||
11.3 After the conduit or cable has been laid, deployed or installed, detectable metallic tracer material or similar material must be installed in or above the conduit or cable to assist with identifying the position of the conduit or cable. | ||
11.4 The land under which the conduit or cable is installed must be restored to a condition that is similar to its condition before the conduit or cable was installed. | ||
12 | Above ground cable for subscriber connection or fibre-optic cable for broadband for pole to premises installation | 12.1 The cable must be co-located with an above ground electricity supply connection. |
13 | Conduit or cable within a building for subscriber connection or fibre-optic cable for broadband | |
14 | Boring or directional drilling in connection with a telecommunications facility | 14.1 The boring or directional drilling must take place at a minimum depth of 600 millimetres. |
14.2 The land on which the boring or drilling is carried out must be restored to a condition that is similar to its condition before the drilling was carried out. | ||
15 | Public payphone | 15.1 The public payphone cabinet or booth must— |
15.2 The public payphone instrument must— | ||
16 | Installation and use of telecommunications facilities— (a) for use in an emergency, or (b) to provide assistance to an emergency services organisation. | |
17 | Installation and use of temporary telecommunications facilities— (a) to provide service or coverage during either routine or emergency maintenance of an existing telecommunications facility, or (b) to provide service or coverage during the construction or installation of a replacement telecommunications facility, or (c) to provide additional service or coverage at events such as sporting carnivals, cultural festivals, business conventions, or the like. | 17.1 The facility must— |
18 | Ancillary facilities to a telecommunications facility for any of the following purposes— (a) to ensure the protection or safety of the telecommunications facility, members of the public in close proximity to that facility or persons required to access and maintain that facility, (b) to screen or shroud antennas or telecommunications equipment (or both) to minimise their visibility and improve visual outcomes. | 18.1 If located on a heritage item or in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. |
18.2 The facilities must not include a power generator. | ||
19 | Maintenance activities in relation to a telecommunications facility for any of the following purposes— (a) the maintenance or repair of the facility, (b) to ensure the proper functioning of the facility. | 19.1 The maintenance activities must not result in any more than a minimal increase in size, area occupied by, or noise levels associated with the facility. |
19A | Decommission of telecommunications facility | 19A.1 The decommissioning must be carried out by or on behalf of a public authority. |
19A.2 The facility must not be located on environmentally sensitive land or on land within Zone E1 or an equivalent land use zone. | ||
19A.3 The site must be restored to at least the same condition that it was in before the facility was constructed. | ||
20 | Installation and use of permanent transmission and power cabling (including underground cabling that meets the development standards for underground cable or boring or directional drilling under this Schedule) to enable installation and removal of temporary telecommunications facilities for the purpose of providing additional service or coverage at events such as sporting carnivals, cultural festivals or business conventions, or the like, on the site. |
Part 2 Complying development
Column 1 | Column 2 | |
Item | Development purpose | Development standards |
1 | Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone | 1.1 If the dish is located on a roof, the dish must— |
1.2 If the dish is ground mounted, the dish must— | ||
1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. | ||
1.4 If located in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. | ||
2 | A panel antenna, yagi antenna or other directional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone | 2.1 If the antenna is not flush mounted to an existing structure— |
2.2 The antenna must be the same colour as its background or painted a neutral colour such as grey. | ||
3 | An omnidirectional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone | 3.1 An antenna must not be— |
3.2 The antenna must be the same colour as its background or painted a neutral colour such as grey. | ||
3.3 If located in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. | ||
4 | An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone | 4.1 The extension must be— |
4.2 The tower to be extended must not have previously been extended. | ||
5 | New tower on land in Zone IN1, IN2, IN3, RU1, RU2, RU3 or RU4 or an equivalent land use zone | 5.1 If the tower is located on land in Zone IN1, IN2 or IN3 or an equivalent land use zone, the tower must not— |
5.2 If the tower is located on land in Zone RU1, RU2, RU3 or RU4 or an equivalent land use zone, the tower must not— | ||
6 | Ancillary facilities to a telecommunications facility | 6.1 If located in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. |
6.2 If the facilities include a standby power generator, it must be insulated to ensure noise levels do not exceed 35dB(A) from outside the generator housing. |
sch 3A: Ins 2010 (375), Sch 1 [13]. Am 2010 (665), Sch 1 [10] [11]; 2018 (507), Sch 19.
Schedule 4 (Repealed)
sch 4: Rep 2016 No 60, Sch 3, cl 2.
Schedule 5 Savings and transitional provisions
1 Telecommunications amendments
(1) The amendments made to this Policy by the State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications) 2010 (the amending Policy) do not apply to—(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of the amending Policy, or(b) an activity under Part 5 of the Act that was commenced to be considered by the determining authority (not being the proponent of the activity) before the commencement of the amending Policy.(2) Despite subclause (1), the amendments made by Schedule 1[8], [9] and [11] to the amending Policy apply to development or an activity referred to in subclause (1)(a) or (b).
2 Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment (Miscellaneous) 2010
(1) In this clause, amending Policy means State Environmental Planning Policy (Infrastructure) Amendment (Miscellaneous) 2010.(2) Except as provided by subclause (2), an amendment made to this Policy by the amending Policy does not apply to—(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of the amendment, or(b) an activity under Part 5 of the Act that a determining authority commenced to consider before the commencement of the amendment.(3) The amendments made by Schedule 1[31] and [46] to the amending Policy extend to development or an activity referred to in subclause (2).(4) The amendments made to Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 by the amending Policy extend to applications for development consent lodged, but not determined, before the commencement of the amending Policy.
3 Savings and transitional provisions—site compatibility amendments
Clauses 18 and 57, as amended by State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011, apply to development applications for development to which those clauses apply that were made, but not determined, before the commencement of the amendments.
4 Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment (Review) 2017
The amendments made to this Policy by State Environmental Planning Policy (Infrastructure) Amendment (Review) 2017 do not apply to—(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of those amendments, or(b) an activity under Part 5 of the Act that a determining authority commenced to consider before the commencement of those amendments.
5 Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment 2018
The amendments made to this Policy by State Environmental Planning Policy (Infrastructure) Amendment 2018 do not apply to—(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of those amendments, or(b) an activity under Part 5 of the Act that a determining authority commenced to consider before the commencement of those amendments.
sch 5: Rep 2007 (641), cl 10 (3). Ins 2010 (665), Sch 1 [12]. Am 2010 (754), Sch 1 [56]; 2011 (385), Sch 1.3 [3]; 2017 (734), Sch 21 [24]; 2018 (507), Sch 1 [8].