Review of Environmental Factors - Camden Valley Way Upgrade and Liz Kernohan Drive Extension (Final) - Flipbook - Page 42
5.2.10 Rural Fires Act 1997
In accordance with Section 91 of the Act and the NSW Rural Fires Act 1997 Section 100B, a bushfire
authority must be obtained before developing bushfire prone land for a subdivision of bush fire prone
land that could lawfully be used for residential or rural residential purposes, or development of
bushfire prone land for a special fire protection purpose.
The subject site is identified as bush fire prone land. Despite this, the proposal is not that of
subdivision or special fire protection purposes as defined in the Regulations.
Therefore, a bushfire authority is not required as part of the proposal.
As the proposal is development on bush fire prone land, the Planning for Bushfire Protection 2019
(PBP) will be applicable. As part of the Landscape Master Plan, NBRS has made design considerations
to account for the bushfire categorisation.
5.2.11 Water Management Act 2000
The Water Management Act 2000 (WM Act) provides for the sustainable and integrated management
of the State’s water resources for the benefit of both present and future generations. Section 91E
of the Act establishes an approval regime for controlled activities within waterfront land. However,
Clause 41 of the Water Management (General) Regulation 2018 provides an exemption for public
authorities in relation to all controlled activities on waterfront land. Therefore, approval under the
WM Act is not required.
5.3
5.3.1
ENVIRONMENTAL PLANNING INSTRUMENTS
State Environmental Planning Policy (Transport and Infrastructure) 2021
State Environmental Planning Policy (Transport and Infrastructure) 2021 (the Transport and
Infrastructure SEPP) aims to facilitate the effective delivery of infrastructure and educational facilities
across the State. 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.
As exact details of the sheds, offices etc. on the construction compounds proposed on Lot 1 DP
914674 and Lot 301 DP 1143646 have not been provided, it is assumed that these structures will
be constructed under the provisions for exempt developments in State Environmental Planning Policy
(Transport and Infrastructure) 2021. A further amendment to the REF will be required if the proposed
scope of works is outside the standards for exempt developments.
5.3.2
Camden Local Environmental Plan 2010
The Camden Local Environmental Plan 2010 (LEP) is the relevant local planning instrument
applicable to the site of the proposed activity with the majority of works proposed within zone SP2
Infrastructure (Classified Road). Where the road widening and ancillary works extend beyond the
existing road reserve boundary, these areas comprise land in zone RE1 Public Recreation (south of
Camden Valley Way) and RU1 Primary Production and R5 Large Lot Residential (north of Camden
Valley Way). Although the proposed activity does not rely on the LEP for permissibility, it is noted
that “roads” comprise development permitted with consent in each of the applicable LEP land use
zones over which the activity will take place. The road widening and upgrade works are also
consistent with the relevant objectives of the above zones.
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