State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:30)
Part 3 Division 15
Division 15 Railways
Subdivision 1 Railways and rail infrastructure facilities
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 or the Interim Rail Link Corridor.
Interim Rail Link Corridor means land shown on a rail corridors map as—
(a)  CBD Rail Link (Zone B—Tunnel), or
(b), (c)    (Repealed)
major development has the same meaning it has in Part 4 of the City of Sydney Act 1988.
prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—
(a)  IN1 General Industrial,
(b)  IN2 Light Industrial,
(c)  IN3 Heavy Industrial,
(d)  SP1 Special Activities,
(e)  SP2 Infrastructure.
rail authority for 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)    (Repealed)
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, and
(k)  buildings for or related to railway purposes,
but do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes.
RailCorp means Rail Corporation New South Wales constituted under the Transport Administration Act 1988.
(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.
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.
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.
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.
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.
83   (Repealed)
Subdivision 2 Development in or adjacent to rail corridors and interim rail corridors—notification and other requirements
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.
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.
(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.
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.
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.
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.
(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 (the relevant rail authority) within 7 days after the application is made.
(4)  Except as provided by subclause (6), consent must not be granted to development to which this clause applies without the concurrence of the 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—
rail authority for an interim rail corridor means Transport for NSW.
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.
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.
88C, 89   (Repealed)