Glenbrook Sation REF (pdf 3.15MB) - Transport for NSW - NSW ...

Review of Environmental FactorsGlenbrook commuter car park and interchange upgrade4 STATUTORY AND PLANNING FRAMEWORKThis chapter describes the statutory planning context of the Proposal and considers the relevantprovisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The chapter alsodiscusses relevant Environmental Planning Instruments (EPI) and other relevant legislation.4.1 ENVIRONMENT PLANNING AND ASSESSMENT ACT 1979The EP&A Act and associated regulations and environmental planning instruments (EPIs) provide theframework for assessing environmental impacts and determining planning approvals for developments inNSW.The Proposal is assessed under Part 5 of the EP&A Act because the requirements for consent areremoved by the State Environmental Planning Policy (Infrastructure) 2007 (the Infrastructure SEPP). Thisis explained in more detail below. Transport for NSW is the proponent and determining authority for theProposal.Under section 111 of the EP&A Act, the determining authority must consider to the fullest extent allmatters affecting or likely to affect the environment.Clause 228 of the Environmental Planning and Assessment Regulation 2000 gives the factors that must betaken into account when determining an activity under Part 5 of the EP&A Act. For further details referto Appendix F.4.2 STATE ENVIRONMENT PLANNING POLICIES4.2.1 State Environment Planning Policy (Infrastructure) 2007State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) aims to facilitate theeffective delivery of infrastructure across the State.The Infrastructure SEPP includes provisions for developments which may be carried out by a publicauthority without the requirement for consent. Clause 79 states that a public authority may carry outrailway or rail infrastructure development without consent on any land. Transport for NSW falls underthe definition of ‘public authority’ in the EP&A Act and therefore also in the Infrastructure SEPP. UnderClause 5 of the Infrastructure SEPP, development of car parks for use by commuters falls under thedefinition on associated public transport facilities, which in turn falls under the definition of associatedpublic transport facilities for railway stations under Clause 78 of the Infrastructure SEPP. Therefore underClause 79 Transport for New South Wales may carry out the proposed activity without consent.Under Clause 14, Transport for New South Wales is required to consult with the local council if it is likelythat the works would have an impact on a heritage item that is not minor or inconsequential. Transportfor New South Wales must assess the heritage item and provide written notice of the intention to carryout a development and the assessment to the council, and take into consideration any response receivedfrom the council within 21 days.Ref No: 2260812 13