State Environmental Planning Policy (Infrastructure) 2007
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.