State Environmental Planning Policy (Transport and Infrastructure) 2021

Development for any of the following purposes that is carried out in the prescribed circumstances is exempt development—

construction or maintenance of—

walking tracks, raised walking paths (including boardwalks), ramps, stairways or gates, or

bicycle-related storage facilities, including bicycle racks and other bicycle parking facilities (except for bicycle paths), or

handrail barriers or vehicle barriers, or

ticketing machines or park entry booths, or

viewing platforms with an area not exceeding 100m², or

sporting facilities, including goal posts, sight screens and fences, if the visual impact of the development on surrounding land uses is minimal, or

play equipment if adequate safety measures (including soft landing surfaces) are provided and, in the case of the construction of such equipment, so long as the equipment is situated at least 1.2m away from any fence, or

seats, picnic tables, barbecues, bins (including frames and screening), shelters or shade structures, or

portable lifeguard towers if the footprint of the tower covers an area no greater than 20 square metres, or

temporary structures,

routine maintenance of playing fields and other infrastructure,

routine maintenance of roads that provide access to or within those playing fields,

environmental management works,

emergency works,

landscaping, including landscape structures or features, such as art work, and irrigation systems.

Development is carried out in the prescribed circumstances if the development is carried out—

on land referred to in section 2.73(1) by or on behalf of a public authority, or

on land referred to in section 2.73(2)(a) by or on behalf of the Centennial Park and Moore Park Trust or the Parramatta Trust, as the case may be, or

on land owned or controlled by a public authority by or on behalf of the public authority, or

on Crown managed land, by or on behalf of—

the Secretary, or

a Crown land manager of the land (or an administrator of the manager), or

the Ministerial Corporation, or

a council having control of the land under section 48 of the Local Government Act 1993, or

the Minister administering the Crown Land Management Act 2016.

Development is exempt development under this section only if the development—

complies with section 2.20, and

involves no greater disturbance of native vegetation than necessary, and

does not result in an increase in stormwater run-off or erosion.

Development is exempt development under section 2.74(1)(a)(x) only if—

the temporary structure will removed within the period of 12 months after the structure is erected, and

at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the erection of the temporary structure, and

the temporary structure will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

the temporary structure will not exceed 1 storey in height, and

the temporary structure will be located at a distance from each lot boundary of at least—

if the adjoining lot is used for a residential purpose—5m, or

otherwise—1m, and

not redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and

the temporary structure will be erected on a surface that is sufficiently firm and level to sustain the structure while in use, and

the temporary structure will be able to resist loads determined in accordance with the following Australian and New Zealand Standards—

AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles,

AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,

AS/NZS 1170.2:2021, Structural design actions, Part 2: Wind actions.

For the purposes of subsection (4), any development standard that specifies a separation distance to a side or rear boundary—

only applies in respect of a boundary with adjoining land if the adjoining land is owned by a person that is not the owner of the land on which the development is carried out, and

does not apply in respect of adjoining land that is owned by the council or other public authority if the written consent of the council or other public authority has been obtained.