Review of Environmental Factors - Camden Valley Way Upgrade and Liz Kernohan Drive Extension (Final) - Flipbook - Page 35
The Act contains distinct parts which impose requirements for planning approval:
•
Part 4 generally provides for the control of local “development” that requires
development consent from the local Council.
•
Part 5 provides for the control of “activities” that do not require development consent
and are undertaken and/or approved by a determining authority.
The applicable approval process is generally determined by reference to the relevant environmental
planning instruments and other controls. These include Local Environmental Plans (LEPs) and State
Environmental Planning Policies (SEPPs). Pursuant to Section 3.28 of the Act there is a general
presumption that a SEPP prevails over a LEP in the event of an inconsistency.
The proposed activity comprises development permitted without consent under the provisions of
State Environmental Planning Policy (Transport and Infrastructure) 2021 (the Transport and
Infrastructure SEPP). The works to be undertaken as part of the proposed activity are deemed to
comply with the relevant provisions of the Transport and Infrastructure SEPP. Chapter 2, Part 2.3,
Division 17 dictates that development for the purpose of a road or road infrastructure facilities may
be carried out by or on behalf of a public authority without consent on any land.
The proposal is appropriately characterised as development for the purposes of a road. Its individual
elements have no independent purpose. Provided the provisions of Division 5.2 (State significant
infrastructure) of Chapter 5 of the Act are not triggered, the proposed activity can be assessed under
the provisions of Division 5.1 of Part 5. It is also noted that the proposal is not located on land
reserved under the National Parks and Wildlife Act 1974 and does not affect land or development
regulated by State Environmental Planning Policy (Resilience and Hazards) 2021 or State
Environmental Planning Policy (Planning Systems) 2021.
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