State Environmental Planning Policy (Transport and Infrastructure) 2021

Development for a purpose that is permitted under this Chapter without development consent on relevant land by the zoning of the relevant land may be carried out without development consent on adjacent prescribed State land.

Development for a purpose that is permitted under this Chapter with development consent on relevant land by the zoning of the relevant land may be carried out with development consent on adjacent prescribed State land, if there is a valid site compatibility certificate applying to the development.

Subsections (1) and (2) apply despite any local environmental plan that applies to the adjacent land.

However, subsection (2) does not apply in relation to the development if the adjacent land concerned is no longer prescribed State land because it is—

a forestry area within the meaning of the Forestry Act 2012, or

reserved under the National Parks and Wildlife Act 1974, or

reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the relevant planning panel, is an environmental protection or nature conservation purpose.

This Chapter does not—

prevent a consent authority from—

granting consent for development on land by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same land, or

refusing to grant consent for development on the grounds of the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or

otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this section applies.

Land is adjacent to other land for the purpose of this section even if it is separated from that other land by a road, or road related area, as defined by the Road Transport Act 2013.

This section does not apply to development for the purposes of campus student accommodation.

In this section—

land in the following zones under an environmental planning instrument—

Zone RE1 Public Recreation,

Zone C1 National Parks and Nature Reserves,

Zone C2 Environmental Conservation,

Zone W1 Natural Waterways,

land in a forestry area within the meaning of the Forestry Act 2012,

land reserved under the National Parks and Wildlife Act 1974,

land reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the relevant planning panel, is an environmental protection or nature conservation purpose.

for subsection (1)—land that is prescribed State land on which a school or TAFE establishment is located, and

for subsection (2)—land that was prescribed State land when the site compatibility certificate was issued and on which a school or TAFE establishment is located.