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

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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
Review of Environmental FactorsGlenbrook commuter car park and interchange upgradeTransport for New South Wales has assessed the heritage item and written notice of the works and theheritage impact assessment will be provided to BMCC for information as part of the written notificationof the works.4.2.2 State Environmental Planning Policy No 55 – Remediation of LandThe aim of this policy is to provide a state‐wide approach to the remediation of contaminated land and topromote the remediation of contaminated land to reduce the risk of harm to human health and to theenvironment.A Stage II Detailed Site Contamination Investigation was undertaken at the site of the proposed car park.The site was found to be suitable for use as a car park and no remediation is required.4.2.3 State Environmental Planning Policy No 44 ‐ Koala Habitat ProtectionThe aim of this policy is to encourage conservation and management of natural vegetation that provideshabitat for koalas. This policy applies to the Blue Mountains local government area.4.2.4 Regional Environmental PlansAs of the 1 July 2009, regional environmental policies (REPs) were removed from the hierarchy ofenvironmental planning instruments in NSW. Any remaining REPs were deemed SEPPs. There are noactive REPs that are relevant to the Proposal.4.3 RELEVANT STRATEGIESTable 4‐1 summarises the Regional Environmental Plans and Strategies applicable to the site.Table 4‐1 Relevant strategiesRegionalEnvironmental Planand StrategiesNSW Long TermTransport MasterPlan (December2012)NSW Plan 2021DescriptionThe draft NSW Long Term Transport Master Plan hasidentified the need for an accessible, modern andseamless transport system in NSW to keep our economyand communities strong. The Master Plan provides aframework for addressing NSW’s foreseen transportchallenges over the next 20 years. The Master Plan willbe the guiding transport planning and policy documentto support the goals identified in NSW 2021 (below).NSW 2021 is the NSW Government’s ten year plan toguide budget and decision making in NSW. NSW 2021includes the following goals, targets and priority actionsrelevant to the Proposal:CommentThe Proposalimplements the goals ofthe Master Plan byimproving accessarrangements andcapacity.The proposal isconsistent with NSWGovernment’scommitment to deliveran efficient andRef No: 2260812 14
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Glenbrook Sation REF (pdf 3.15MB) - Transport for NSW - NSW ...

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