Digital Train Radio System Como Site Review of Environmental ...

The ISEPP provides for the development of certain activities for a range of infrastructure types.
The ISEPP indicates whether an activity is permissible with or without consent, and on what
land the activity is permissible.
Section 76 of the EP&A Act states that “if an environmental planning instrument provides that
specified development may be carried out without the need for development consent, a person
may carry the development out, in accordance with the instrument, on land to which the
provision applies.” However environmental assessment of the development may nevertheless
be required under Part 5.
2.3 Confirmation of Statutory Position
Clause 79(1) of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) provides:
“Development for the purpose of a railway or rail infrastructure facilities may be
carried out by or on behalf of a public authority without consent on any land.”
The proposal is for the installation of a new base transceiver station (new monopole, antennas
and BTS cabinets), which is consistent with the definition of a rail infrastructure facility under
Clause 78, which includes “signalling, train control, communication and security systems”.
In addition, Clause 114 (1) provides:
“Development for the purposes of telecommunications facilities (including radio
facilities) may be carried out by a public authority without consent on any land.”
The proposal also meets the definition of a telecommunication facility under Clause 113 of the
ISEPP. RailCorp is a state-owned operating entity in the transport portfolio. It is classified as a
public authority under Section 4 of the EP&A Act.
Accordingly, this proposal (construction of a new BTS at Como) is being assessed under Part 5
of the EP&A Act. RailCorp is the proponent and determining authority as per the provisions of
Section 110 of the EP&A Act.
2.4 Other Relevant Environmental Planning Instruments
State Environmental Planning Policy No. 4 Development Without Consent and
Miscellaneous Complying Development
The proposal is not classified as “exempt development” or “complying development” under the
provisions of SEPP 4.
State Environmental Planning Policy No. 14 Coastal Wetlands
This policy applies to local government areas outside the Sydney metropolitan area that front
the Pacific Ocean and is, therefore, not applicable.
State Environmental Planning Policy No. 19 Bushland in Urban Areas