State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 6 August 2020 at 02:41)
Part 3 Division 17 Subdivision 2
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.
100   Development on proposed classified road
(1)  Consent for development for any of the following purposes on land reserved for the purposes of a classified road (but before the land is declared to be a classified road) may be granted only with the concurrence of the chief executive officer of RMS—
(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 the chief executive officer of RMS within 7 days after the application is made, and
(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.
(3)  In deciding whether to grant concurrence to proposed development under this clause, the chief executive officer of RMS 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 RMS,
(c)  the likely additional cost to RMS resulting from the carrying out of the proposed development.
(4)  The consent authority must give RMS a copy of the determination of the application within 7 days after the determination is made.
(5)  The consent authority may grant consent to development to which this clause applies without the concurrence of the chief executive officer of RMS if—
(a)  the consent authority has given the chief executive officer notice of the development application, and
(b)  21 days have passed since giving the notice and the chief executive officer has not granted or refused to grant the concurrence.
101   Development with frontage to classified road
(1)  The objectives of this clause are—
(a)  to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and
(b)  to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.
(2)  The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that—
(a)  where practicable 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.
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 RMS) 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.
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 RMS 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 RMS with a copy of the determination of the application within 7 days after the determination is made.
104   Traffic-generating development
(1)  This clause applies to development specified in Column 1 of the Table to Schedule 3 that involves—
(a)  new premises of the relevant size or capacity, or
(b)  an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity.
(2)  In this clause, relevant size or capacity means—
(a)  in relation to development on a site that has direct vehicular or pedestrian access to any road (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 RMS in relation to the development, and
(b)  taken into consideration any response to the notice that is received from RMS 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 RMS 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, RMS 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 RMS a copy of the determination of the application within 7 days after the determination is made.