Warrawee Substation - Review of Environmental Factors

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Preliminaries1.5 Statutory requirements1.5.1 State environmental planning policiesState Environmental Planning Policy (Infrastructure) 2007The aim of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) is tofacilitate the effective delivery of infrastructure across the State by, among otherthings, improving regulatory certainty and efficiency through constant planning regimefor infrastructure and the provision of services. The ISEPP repealed a number of otherenvironmental planning instruments in relation to infrastructure.The proposal is of a type that meets the definition of an electricity transmission ordistribution network under Clause 40 of the ISEPP. Under Clause 41(1) of the ISEPP,development for the purpose of an electricity transmission or distribution network maybe carried out by or on behalf of an electricity supply authority or public authoritywithout consent on any land.As the proposal forms part of an electricity transmission or distribution network and itis to be undertaken by or on behalf of a public authority (RailCorp), the proposal ispermissible without consent under Clause 41 of the ISEPP.As consent is not required, the proposal would require assessment under Part 5 of theEP&A Act. This REF has been prepared to satisfy RailCorp’s requirements under Part5 of the EP&A Act.Under Clause 42 of ISEPP, before development of an electricity transmission ordistribution network is undertaken, the electricity supply authority or public authoritymust:give written notice of the intention to carry out the development to the council forthe area in which the land is located (unless the authority is that council) and to theoccupiers of adjoining land, andtake into consideration any response to the notice that is received within 21 daysafter the notice is given.RailCorp will notify Ku-ring-gai Council and the occupiers of adjoining land and willtake into consideration issues raised in responses (refer to Section 1.3).State Environmental Planning Policy (State and RegionalDevelopment) 2011The aims of this SEPP State and Regional Development is to:(a) to identify development that is State significant development,(b) to identify development that is State significant infrastructure and critical Statesignificant infrastructure,(c) to confer functions on joint regional planning panels to determine developmentapplications.Warrawee Substation Project/Review of Environmental FactorsPage 4 of 64
PreliminariesThe proposal is not subject to SEPP State and Regional Development as it is notState significant development, State significant infrastructure or subject todetermination by a joint regional planning panel.State Environmental Planning Policy No. 44 – Koala HabitatProtectionKu-ring-gai Council is identified as a local government area to which StateEnvironmental Planning Policy No.44 – Koala Habitat Protection applies. As outlinedin Section 3.2, the site contains limited native vegetation and is not considered torepresent koala habitat.1.5.2 Local environmental plansThe site is located within the Ku-ring-gai local government area and therefore the Kuring-gaiPlanning Scheme Ordinance (PSO) applies to the site.The provisions of ISEPP override any development consent requirements of the PSO,however the provisions of the PSO have been considered below.Ku-ring-gai Planning Scheme OrdinanceThe proposal would be undertaken within the rail corridor in which the North ShoreLine runs. Under the PSO, the rail corridor is zoned Special Uses 5(b) Railways.Within this zoning the proposal is permissible with consent under the PSO. HoweverClause 62 of the PSO states:‘Nothing in this Ordinance shall be construed as restricting or prohibiting orenabling the responsible authority to restrict or prohibit -(a) the carrying out of development of any description specified in Schedule4 to this Ordinance;(b) the use of existing buildings of the Crown; or(c) home occupations carried on in dwelling-houses.’Clause 1 of Schedule 4 states the following:‘The carrying out by persons carrying on public utility undertakings, being railwayundertakings, on land comprised in their undertakings of -(a) any development required in connection with the movement of traffic byrail, including the construction, reconstruction, alteration, maintenance andrepair of ways, works and plant;(b) the erection within the limits of a railway station of buildings for anypurpose;(c) the erection, reconstruction and alteration of buildings for railwayundertaking purposes within Zone No 5(b) outside the limits of a railwaystation;but excluding -Warrawee Substation Project/Review of Environmental FactorsPage 5 of 64
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Finalisation4. Finalisation4.1 Just
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References7. ReferencesChapman, G.A
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ReferencesAppendix BFlora and Fauna
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trees, known food tree species, wet
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SpeciesControlcategoryLegal Require
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Law 2008). The species roosts and b
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Fauna species listFamily Scientific
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Campbell, S. (2011). Ecological spe
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ReferencesAppendix COperational noi
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APPENDIX BMEASURED ONE THIRD OCTAVE
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ReferencesAppendix DAHIMS Search Re
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AHIMS Basic SearchPage 1 of 1Welcom
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