Opus International Consultants (NSW) Pty Ltd - Transport for NSW ...

Mount Druitt Commuter Car ParkReview of Environmental Factors4. Statutory and planning framework4.1. Environmental Planning and Assessment Act 1979The EP&A Act establishes the system of environmental planning and assessment inNSW. Part 5 of the EP&A Act specifies the environmental impact assessmentrequirements for activities undertaken by public authorities, such as TCA, which do notrequire development consent under Part 4 of the Act.This Proposal is subject to the environmental impact assessment and planningapproval requirements of Part 5 of the EP&A Act. In accordance with Section 111 ofthe EP&A Act, TCA, as the proponent and determining authority, must examine andtake into account to the fullest extent possible all matters affecting or likely to affectthe environment by reason of the proposed activity.Clause 228 of the Environmental Planning and Assessment Regulation 2000 (EP&ARegulation) defines the factors which must be considered when determining if anactivity assessed under Part 5 of the EP&A Act has a significant impact on theenvironment. Section 6 of this REF and Appendix B provides a full environmentalimpact assessment of the Mount Druitt commuter car park in accordance with Clause228.The planning approvals process for the Commuter Car Park and Interchange Programis illustrated in Figure A.4.2. State Environmental Planning Policies4.2.1. State Environmental Planning Policy (Infrastructure) 2007The State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) isthe key environmental planning instrument which determines that this Proposal ispermissible without consent and therefore is to be assessed under Part 5 of the EP&AAct.Clause 79 of the Infrastructure SEPP allows for the development of rail infrastructurefacilities by or on behalf of a public authority without consent on any land. Clause 78defines ‗rail infrastructure facilities‘ as including ‗associated public transport facilitiesfor railway stations‘, which includes ‗car parks intended to be used by commuters‘ inaccordance with Clause 5.The Mount Druitt commuter car park falls within this definition of a rail infrastructurefacility and can therefore be assessed under Part 5 of the EP&A Act. Developmentconsent from Blacktown City Council is therefore not required.In addition, Part 2 of the Infrastructure SEPP contains provisions for public authoritiesto consult with local councils prior to the commencement of certain types ofdevelopment. Section 5 discusses consultation undertaken during the development ofthe Proposal, including consultation requirements of the Infrastructure SEPP.4.2.2. State Environmental Planning Policy (Major Developments) 2005The State Environmental Planning Policy (Major Developments) 2005 defines certaindevelopments that are considered major projects and required to be assessed underPart 3A of the EP&A Act and determined by the Minister for Planning.The proposed car park facility does not constitute a major project under the SEPP andtherefore the Policy does not apply.KMH-2010123a REF Rev 4 doc Page 27 of 116Status: Final