New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 88

88 Development within or adjacent to interim rail corridor

(1) This clause applies to development that is:

(a) in the area marked “Zone A” on a rail corridors map and has a capital investment value of more than $200,000, or

(b) in the area marked “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) This clause also applies to development on land within 25 metres of that part of the Interim Rail Link Corridor shown on the map marked “ State Environmental Planning Policy (Infrastructure) 2007-Interim Rail Corridor-South West Rail Link ”, but only in relation to a development application lodged before 31 December 2010.

(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 chief executive officer of the relevant rail authority.

(5) In determining whether to provide concurrence, the chief executive officer of 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 chief executive officer of the relevant rail authority if:

(a) the consent authority has given the chief executive officer notice of the development application, and

(b) 21 days have passed since that notice was given and the chief executive officer 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.