1 Name of Policy
This Policy is State Environmental Planning Policy No 63—Major Transport Projects.
2 Aims and objectives of Policy
(1) The aims and objectives of this Policy are as follows:(a) to facilitate the following major transport projects:(i) Parramatta Rail Link,(ii) Liverpool–Parramatta Transitway,(iii) Cross City Tunnel,(iv) Lane Cove Tunnel,(v) North-West Sydney Transitway Network,(vi) Tugun Bypass,(vii) the following projects within the Rail Clearways Programme:(A) Hornsby Upgrading,(B) Cronulla Upgrading,(C) Lidcombe Upgrading,(D) Homebush Upgrading,(E) Kingsgrove to Revesby Upgrading,(F) Quakers Hill to Schofields Upgrading,(G) Carlingford Line Upgrading,(H) Sydenham–Erskineville Upgrading(I) Liverpool Upgrading,(J) Macarthur Upgrading,(b) to co-ordinate the orderly and economic development of land by providing for the assessment of those projects under Part 5 of the Act or, if applicable, Part 3A of the Act,(c) to require development applications involving excavation, or other penetration of the ground, that may affect any of those projects to be referred for comment to the proponent of the project,(d) to suspend the operation of certain laws for the purpose of enabling the carrying out of those projects,(e) to ensure that development does not impede the construction and operation of rail expansion projects, and in particular:(i) to remove the requirement for development consent to preliminary geotechnical investigations and surveys for railway purposes, and(ii) to require the concurrence of RailCorp to development applications that may affect land within specified rail corridors for those projects.(2) This Policy provides that development for the purpose of a major transport project or preliminary geotechnical investigations and surveys for railway purposes for a rail expansion project to which this Policy applies may be carried out without development consent. Consequently, that development will be assessed under Part 5 of the Act or, if applicable, Part 3A of the Act.cl 2: Am 21.6.2002; 25.7.2003; 2005 (543), Sch 1 [1]; 2006 (55), Sch 1 [1]–[4].
3 Definitions
(1) In this Policy:extractive material means sand, gravel, clay, turf, soil, rock, stone, sediments, mud, silt or similar substances, including such substances obtained by dredging.major transport project means a project of a type generally described in Schedule 1, or that project as may be modified from time to time.Metropolitan Rail Expansion corridor means land shown coloured green, on the maps marked “Redfern to Chatswood Rail Link (City of Sydney section) Map No 1” and “Redfern to Chatswood Rail Link (City of Sydney section) Map No 2”, as deposited in the head office of the Department on the commencement of this definition.RailCorp means Rail Corporation New South Wales.the Act means the Environmental Planning and Assessment Act 1979.(2) Notes in this Policy and the table of contents do not form part of this Policy.cl 3: Am 21.6.2002; 2006 (55), Sch 1 [5].
4 Where Policy applies
This Policy applies to the local government areas of Auburn, Bankstown, Baulkham Hills, Blacktown City, Campbelltown, Canterbury, Fairfield City, Holroyd City, Hornsby, Hurstville, Ku-ring-gai, Lane Cove, Liverpool City, Marrickville, North Sydney, Parramatta City, Ryde City, South Sydney City, Strathfield, Sutherland, Sydney City, Tweed, Willoughby City and Woollahra.cl 4: Am 21.6.2002; 25.7.2003; 2005 (543), Sch 1 [2]–[7].
5 Relationship to other environmental planning instruments
(1) In the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after this Policy, this Policy prevails to the extent of the inconsistency, subject to section 36 (4) of the Act.(2) Subclause (1) has effect despite clause 5 of State Environmental Planning Policy No 14—Coastal Wetlands, but only in so far as it relates to the Tugun Bypass project.cl 5: Am 2005 (543), Sch 1 [8].
6 Development permissible without development consent
(1) A person may carry out development for the purposes of a major transport project without development consent.(2) A person may carry out development for the purpose of winning or obtaining extractive material without development consent if the extractive material is won or obtained as part of the construction work for a major transport project.(3) A person may carry out the following development without development consent if the development is necessary for or incidental to the carrying out of development for the purposes of a major transport project:(a) the clearing or removal of vegetation and any cutting, lopping, topping, ringbarking, pruning, removal or destruction of trees,(b) the modification, demolition, removal or alteration of any item listed or defined as an item of environmental heritage in an environmental planning instrument,(c) any development in a heritage conservation area as defined in an environmental planning instrument.(4) In this clause, development consent includes any consent, licence or permission, or any form of authorisation, required by an environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).Note—As a consequence of this clause, the effect on the environment of the development for the purposes of a major transport project described in Schedule 1 (including the winning or obtaining of extractive material as part of the construction work for the project) will be subject to assessment under Part 5 of the Environmental Planning and Assessment Act 1979. This clause (including subclause (3)) applies only to remove requirements for consent under planning instruments made under that Act and does not affect any requirements that may apply under the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974, the Native Vegetation Conservation Act 1997, the Rivers and Foreshores Improvement Act 1948 or the Heritage Act 1977.cl 6, note: Am 25.7.2003.
7 Development for shops or other commercial premises excluded from the application of this Policy
This Policy does not authorise development for the purposes of shops or other commercial premises to be carried out without development consent.
8 Referral of development applications or modifications of development consents likely to affect major transport projects
(1) This clause applies to a development application, or an application to modify a development consent, for development that involves excavation, or other penetration of the ground, to the relevant depth on:(a) land in the transport corridor of a major transport project, orbeing a transport corridor or project facility that has been notified in writing by the proponent of the project to the consent authority for the development application.(b) land that is the site of a project facility outside any such transport corridor,(2) For the purposes of this clause:(a) the relevant depth is:(i) in the case of land in the City of Parramatta—2 metres or more measured vertically from the best assessment of natural ground level, or(ii) in any other case—3 metres or more measured vertically from the best assessment of natural ground level, and(b) the transport corridor of a major transport project is the land within 25 metres (measured horizontally) of the centreline of:(i) the alignment (or proposed alignment) of the project, or(ii) each alignment (or proposed alignment) of the project for any section having a diverging dual carriageway or duplicated track that do not run immediately side by side, or(iii) any divergent alignment (or proposed divergent alignment) of the project, such as a ventilation tunnel, and(c) the alignment of a major transport project is the path (or proposed path) of the project, and(d) a project facility is any of the following facilities (or proposed facilities) that is incidental or ancillary to the construction or operation of a major transport project:(i) structures for ventilation,(ii) structures for access,(iii) structures for emergency services,(iv) structures for communications and other utility services,(v) stub tunnels and sidings, and(e) a proposed project facility or alignment in respect of a major transport project is a facility or alignment:(i) proposed in the environmental impact statement for the project (unless subparagraph (ii) or (iii) applies), or(ii) proposed in the application for the Minister’s approval of the project under Division 4 of Part 5 of the Act (unless subparagraph (iii) applies), or(iii) so approved by the Minister.(3) Within 2 days after receiving a copy of a development application, or an application to modify a development consent, to which this clause applies, the consent authority must:(a) send a copy of the development application or modification application to the proponent of the major transport project, and(b) notify that proponent in writing of the date it received the development application or modification application.(4) The consent authority must not grant development consent to the development application, or modify the development consent, unless it has taken into consideration any comments it has received from the proponent of the major transport project within 21 days after the proponent received a copy of the development application or modification application from the consent authority.(5) This clause continues to apply to a major transport project after its construction.(6) This clause ceases to apply to a major transport project if it is not approved by the Minister under Division 4 of Part 5 of the Act within 2 years after the environment impact statement for the project is first exhibited. However, this clause applies again to the project:(a) if the project is later approved by the Minister or the approval of the Minister is again sought, or(b) if another environment impact statement for the project is exhibited.cl 8: Am 21.6.2002.
9 Suspension of certain laws
(1) For the purpose of enabling development referred to in clause 6 to be carried out in accordance with this Policy:(a) items 1 and 2 of Part A, Part B, Part C, item 1 of Part D, Part E and item 1 of Part F of the Table to section 68 of the Local Government Act 1993, andto the extent necessary to serve that purpose, do not apply to the development.(b) sections 86, 87 and 91 (b) of the Public Works Act 1912,(2) In accordance with section 28 of the Act, before the making of this Policy, the Governor approved the making of this clause on the recommendation of the Minister for Urban Affairs and Planning:(a) in the case of subclause (1) (a), with the concurrence in writing of the Minister administering the Local Government Act 1993, and(b) in the case of subclause (1) (b), with the concurrence in writing of the Minister administering the Public Works Act 1912.
10 Certain development in Metropolitan Rail Expansion corridors permissible without consent
(1) A person may carry out development on land within a Metropolitan Rail Expansion corridor without development consent for the purposes of preliminary geotechnical investigations and surveys for railway purposes.(2) In this clause, development consent includes any consent, licence or permission, or any form of authorisation, required by an environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).Note—As referred to in clause 2 (2), preliminary geotechnical investigations and surveys for railway purposes will, as a consequence of the removal of the requirement for development consent under Part 4 of the Act, be subject to the environmental assessment approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.cll 10–13: Ins 2006 (55), Sch 1 [6].
11 Referral of and concurrence to development applications affecting land within Metropolitan Rail Expansion corridors
(1) This clause applies to a development application for development on land within a Metropolitan Rail Expansion corridor that involves excavation, or other penetration of the ground, to a depth of 2 metres or more measured vertically from the best assessment of natural ground level.(2) The consent authority must not grant consent to development to which any such development application applies unless it obtains the concurrence of RailCorp.(3) In deciding whether to grant concurrence, RailCorp must take into consideration the likely effect of the development on:(a) the practicability and cost of carrying out development for the purposes of the rail expansion project concerned on the land in the future, and(b) without limiting paragraph (a), the structural integrity or safety of, or ability to operate, the project, and(c) without limiting paragraph (a), the land acquisition costs and the cost of the construction, operation or maintenance of the project.Note—Division 2 of Part 6 of the Environmental Planning and Assessment Regulation 2000 sets out requirements relating to concurrence provisions, including requirements for the period within which the concurrence authority must be notified of an application and for the making and notification of concurrence decisions.cll 10–13: Ins 2006 (55), Sch 1 [6].
12 Notification by public authorities of development
A public authority that proposes to carry out development of a kind referred to in clause 11 (1) for which concurrence is not required under clause 11 must notify RailCorp in writing of particulars of the proposed development.cll 10–13: Ins 2006 (55), Sch 1 [6].
13 Review of land within Metropolitan Rail Expansion corridors
The Minister must, in consultation with the Minister for Transport, as soon as practicable after 2 years after the commencement of this clause and every 2 years after that, review the Metropolitan Rail Expansion corridors to determine whether any of the land included in the corridors should be excluded from the operation of this Policy on the basis that it is no longer required for railway purposes.cll 10–13: Ins 2006 (55), Sch 1 [6].
Schedule 1 Major transport projects to which Policy applies
(Clause 3)
1 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 Ku-ring-gai Campus to Chatswood (including a bridge over or a tunnel under the Lane Cove River). The project would include all associated or ancillary works, activities, uses, structures and facilities, including (but not limited to) works, activities, uses, structures or facilities for the following:(a) geotechnical investigations for the project,(b) construction (including any demolition works), maintenance or operation of the project,(c) access for construction, maintenance or operation of the project, including access for pedestrians, public transport and vehicles,(d) environmental management and pollution control,(e) stations, including car parks, bus interchanges, public amenities and intermodal facilities.
2 Liverpool–Parramatta Transitway
A passenger transport system between Liverpool and Parramatta via Bonnyrigg, Wetherill Park, Smithfield and Wentworthville. The project would be made up of bus-only road and bus priority lanes on existing roads, and all associated on-ramps, off-ramps, interchanges, intersections, bridges, tunnels and culverts. The project would include all associated or ancillary works, activities, uses, structures or facilities, including (but not limited to) works, activities, uses, structures or facilities for the following:(a) geotechnical investigations for the project,(b) construction (including any demolition works), maintenance or operation of the project,(c) access for construction, maintenance or operation of the project, including access for pedestrians, public transport and vehicles,(d) environmental management and pollution control,(e) stations, including car parks, bus interchanges, public amenities and intermodal facilities.
3 Cross City Tunnel
A tollway comprising twin two-lane tunnels from William Street, Sydney, near the eastern end of the Kings Cross Tunnel to the Western Distributor near Harbour Street. The project would include all associated or ancillary works, activities, uses, structures or facilities, including (but not limited to) works, activities, uses, structures or facilities for the following:(a) geotechnical investigations for the project,(b) construction (including any demolition works), maintenance or operation of the project,(c) access for construction, maintenance or operation of the project, including access for pedestrians, public transport and vehicles,(d) environmental management and pollution control,(e) tolling facilities.
4 Lane Cove Tunnel
A transport system compromising the following:(a) dual road tunnels that generally follow the alignment of Epping Road from just east of the intersection of Epping Road and Mowbray Road West to the Gore Hill Freeway, east of the Pacific Highway,(b) a 2 lane bridge over the Lane Cove River adjacent to the south side of the existing bridge,(c) modifications, including widening to some sections, to Epping Road between Wicks Road and the Gore Hill Freeway and adjustments to lanes connecting with the M2 Motorway,(d) modifications to the Gore Hill Freeway including widening between the Pacific Highway and Reserve Road and beneath the Willoughby Road overpass at Narumburn,(e) associated ramps between the tunnel and Epping Road and between the tunnel and the Pacific Highway,(f) north facing ramps between Falcon Street and the Warringah Freeway,(g) a ramp between the eastbound tunnel and the Gore Hill Freeway,(h) modifications to existing ramps between the Pacific Highway and the Gore Hill Freeway,(i) 2 ventilation stacks, 1 near the eastern end of the tunnel and 1 near the western end of the tunnel.The project would include all associated and ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(a) geotechnical investigations for the project,(b) construction (including any demolition works), maintenance or operation of the project,(c) access for construction, maintenance or operation of the project, including access for pedestrians, public transport and vehicles,(d) environmental management and pollution control,(e) electronic tolling facilities on the tunnels and the Falcon Street ramps,(f) provision of dedicated bus lanes or transit lanes on Epping Road, Longueville Road and Gore Hill Freeway, and pedestrian and cycle facilities on Epping Road, Longueville Road and Gore Hill Freeway.
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.The project would be made up of both bus-only roads and also bus-priority lanes on existing roads together with all associated on-ramps, off-ramps, interchanges, intersections, tunnels, bridges and culverts. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(a) geotechnical investigations for the project,(b) construction (including demolition works), maintenance or operation of the project,(c) access for construction, maintenance or operation of the project, including access for pedestrians, public transport and vehicles,(d) environmental management and pollution control,(e) stations, including car parks, bus interchanges, public amenities and intermodal facilities,(f) intelligent transport systems.
6 Tugun Bypass
A four lane dual carriageway freeway with provision to upgrade to six 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 4.1 kilometres.The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(a) geotechnical investigations for the project,(b) construction (including demolition works), maintenance, or operation of the project,(c) access for construction, maintenance or operation of the project, including access for pedestrians, public transport and vehicles,(d) environmental management and pollution control,(e) associated interchanges, intersections, bridges, overpasses, ramps, service roads and road modifications for the NSW portion of the Tugun Bypass project,(f) twin tunnels at the southern end of the Gold Coast Airport.
7 Rail Clearways Programme
The following 10 railway system upgrade major projects within the Sydney Metropolitan Area known collectively as the “Rail Clearways Programme” comprising the following separate major transport projects:(a) Hornsby UpgradingAdditional rail line, station works upgrade and extension of Hornsby stabling yard. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(b) Cronulla UpgradingUpgrading of the Cronulla Line, alterations to Cronulla, Kirrawee and Woolooware and Sutherland Stations and the reconfiguration of stabling. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(c) Lidcombe UpgradingUpgrading Lidcombe Station and track changes (including a turnback line). The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(d) Homebush UpgradingUpgrading Homebush Station and track changes (including a turnback line). The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(e) Kingsgrove to Revesby UpgradingUpgrading Revesby Station, additional tracks between and in the vicinity of Kingsgrove to Revesby Stations and any associated station works. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(f) Quakers Hill to Schofields UpgradingConstruction of stations, upgrading of stations, additional tracks between and in the vicinity of Quakers Hill to Schofields Stations. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(g) Carlingford Line UpgradingTrack changes including construction of a passing loop and the upgrading of Rydalmere Station. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(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. The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(i) Liverpool UpgradingUpgrading Liverpool Station, reconfiguration of stabling and changes to track (including a turnback line). The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.(j) Macarthur UpgradingUpgrading Macarthur Station, reconfiguration of stabling and changes to track (including a turnback line). The project would include all associated or ancillary works, activities, uses, structures or facilities including (but not limited to) works, activities, uses, structures or facilities for the following:(i) geotechnical investigations for the project,(ii) construction (including any demolition works), maintenance or operation of the project,(iii) alteration to roadways, traffic management and access for construction, maintenance or operation, including access for pedestrians, public transport and vehicles, modification or construction of new underbridges and overbridges,(iv) environmental management and pollution control,(v) car parks, bus interchanges, transport interchanges, public amenities and intermodal facilities.
sch 1: Am 21.6.2002; 25.7.2003; 2005 (543), Sch 1 [9].