State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:28)
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.