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sydney-city-centre-review-of-environmental-factors

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4 Statutory and planning framework<br />

This chapter describes the statutory and planning framework that would apply during<br />

the proposal’s construction and operation by referencing relevant <strong>environmental</strong><br />

planning instruments (EPIs) and other legislative provisions. The chapter also<br />

confirms the statutory position and identifies the approvals, licences and notices<br />

needed in order for the proposal to proceed.<br />

4.1 State <strong>environmental</strong> planning policies<br />

The following state <strong>environmental</strong> planning policies (SEPPs) are relevant to the<br />

proposal.<br />

4.1.1 State Environmental Planning Policy (Infrastructure) 2007<br />

State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) aims to facilitate<br />

the effective delivery <strong>of</strong> infrastructure across the State.<br />

Clause 94 <strong>of</strong> ISEPP permits development on any land for the purpose <strong>of</strong> a road or<br />

road infrastructure facilities to be carried out by or on behalf <strong>of</strong> a public authority<br />

without consent.<br />

As the proposal is for the upgrade <strong>of</strong> existing road infrastructure and is to be carried<br />

out on behalf <strong>of</strong> Roads and Maritime it can be assessed under Part 5 <strong>of</strong> the<br />

Environmental Planning and Assessment Act 1979 (EP&A Act). Development<br />

consent from council or the Department <strong>of</strong> Planning and Environment is not required.<br />

The proposal is not located on land reserved under the National Parks and Wildlife<br />

Act 1974 and does not affect land or development regulated by State Environmental<br />

Planning Policy No. 14 – Coastal Wetlands, State Environmental Planning Policy No.<br />

26 – Littoral Rainforests, State Environmental Planning Policy (State and Regional<br />

Development) 2011 or State Environmental Planning Policy (Transitional Major<br />

Projects) 2005. For that reason other EPIs do not apply in preference to the<br />

provisions <strong>of</strong> the ISEPP.<br />

Part 2 <strong>of</strong> the ISEPP contains provisions for public authorities to consult with local<br />

councils and other public authorities prior to the commencement <strong>of</strong> certain types <strong>of</strong><br />

development. Consultation, including consultation as required by ISEPP (where<br />

applicable), is discussed in chapter 5 <strong>of</strong> this REF.<br />

4.1.2 State Environmental Planning Policy No. 55 – Remediation <strong>of</strong> Land<br />

This SEPP provides a State-wide approach to managing contamination and<br />

remediating land. Whilst its provisions do not apply to the proposal (refer to<br />

section 4.1.1) the intent <strong>of</strong> the SEPP is relevant ins<strong>of</strong>ar that Roads and Maritime<br />

must consider if the proposal footprint is contaminated and therefore suitable for<br />

development.<br />

Section 6.8.3 discusses the contamination risk associated with the proposal footprint<br />

and its environs. Two work sites (S4: Ultimo Road and S5: Broadway) have<br />

associated development histories that present a contamination risk. This risk is<br />

assessed as insufficient to have an impact on the surrounding environment or to<br />

hinder development <strong>of</strong> the proposal footprint.<br />

Sydney City Centre Capa<strong>city</strong> Improvement 145<br />

Review <strong>of</strong> Environmental Factors

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