State Environmental Planning Policy (Infrastructure) 2007
48 Development permitted without consent
(1) Development for the purpose of an emergency services facility may be carried out by or on behalf of a public authority (other than the NSW Rural Fire Service) without consent in a prescribed zone.(2) Development for the purpose of an ambulance facility may be carried out by or on behalf of a public authority without consent on any land if the facility is a single storey building that provides parking for no more than 2 ambulances.(3) Development for any of the following purposes may be carried out by or on behalf of an emergency services organisation without consent on any land—(a) the replacement or alteration of, or an addition to, an existing emergency services facility,(b) the restoration of an emergency services facility due to damage,(c) the demolition of an emergency services facility.(4) Development to which this clause applies may only be carried out on land reserved under the National Parks and Wildlife Act 1974 if it is authorised by or under that Act.(5) This clause does not permit the erection of any building that exceeds 12m in height or that is located closer than 5m to any property boundary (or an addition to a building resulting in the building exceeding that height or being closer than that distance to any property boundary).(5A) Despite subclause (5), development for the purpose of an emergency services facility carried out by or on behalf of Fire and Rescue NSW may result in a building being located closer than 5 metres to any property boundary.(6) Before development to which this clause applies is carried out, the proponent of the development must—(a) give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the proponent is that council) and to the occupiers of adjoining land, and(b) take into consideration any response to the notice that is received within 21 days after the notice is given.(7) Development for the purpose of bush fire hazard reduction work may be carried out by any person without consent on any land that is not within the coastal wetlands and littoral rainforests area if the development is consistent with the applicable bush fire management plan or the direction or agreement relating to the applicable designated fire trail.(8) In this clause, coastal wetlands and littoral rainforests area has the same meaning as in section 6 of the Coastal Management Act 2016, but does not include land identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map (within the meaning of State Environmental Planning Policy (Coastal Management) 2018).