State Environmental Planning Policy (Transport and Infrastructure) 2021

Roads and traffic pt 2.3, div 17. sdiv 3: Subst 2023 (80), Sch 1. Subdivision 1 Roads and road infrastructure facilities 2.108 Interpretation (1) In this Division— accredited bus service operator means a person who is— (a) accredited under Division 1 of Part 2 of the Passenger Transport Act 1990 to carry on a public passenger service, within the meaning of that Act, by means of a bus, or (b) accredited under Part 2 of the Passenger Transport Act 2014 to operate a public passenger service, within the meaning of that Act, by means of a bus. AS 1428 means the following publications— (a) Australian Standard AS 1428.1—2009 , Design for access and mobility, Part 1: General requirements for access—New building work , (b) Australian Standard AS 1428.2—1992 , Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities , (c) Australian and New Standard AS/NZS 1428.4.1:2009 , Design for access and mobility, Part 4.1: Means to assist the orientation of people with vision impairment—Tactile ground surface indicators , (d) Australian Standard AS 1428.5—2010 , Design for access and mobility, Part 5: Communication for people who are deaf or hearing impaired . bus depot means premises used for the servicing, repair, garaging or parking of buses. classified road has the same meaning as it has in the Standard Instrument. Note. The Standard Instrument defines classified road (by reference to the Roads Act 1993 ) to mean any of the following— (a) a main road, (b) a highway, (c) a freeway, (d) a controlled access road, (e) a secondary road, (f) a tourist road, (g) a tollway, (h) a transitway, (i) a State work. See the Roads Act 1993 for the meanings of the terms listed above. Disability Standards means Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a1) E3 Productivity Support, (a2) E4 General Industrial, (a3) E5 Heavy Industrial, (a4) MU1 Mixed Use, (a) B4 Mixed Use, (b) B6 Enterprise Corridor, (c) B8 Metropolitan Centre, (d) IN1 General Industrial, (e) IN2 Light Industrial, (f) IN3 Heavy Industrial, (g) SP1 Special Activities, (h) SP2 Infrastructure, (i) SP4 Enterprise, (j) SP5 Metropolitan Centre. public road means— (a) any road that is opened or dedicated as a public road, whether under the Roads Act 1993 or any other Act or law, and (b) any road that is declared to be a public road for the purposes of the Roads Act 1993 . regular bus service means a public passenger service (within the meaning of the Passenger Transport Act 2014 ) that is conducted by bus according to regular routes and timetables and does not include a tourist service or a community transport service (within the meaning of the Passenger Transport Act 2014 ). road corridor means— (a) land that is used for the purposes of a road or road infrastructure facilities and owned or managed by a public authority, or (b) any land in respect of which the Minister has granted approval under Part 3A or Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 of the Act, for the carrying out of development for the purpose of a road or road infrastructure facilities. road infrastructure facilities includes— (a) tunnels, ventilation shafts, emergency accessways, vehicle or pedestrian bridges, causeways, road-ferries, retaining walls, toll plazas, toll booths, security systems, bus lanes, transit lanes, transitways, transitway stations, rest areas and road related areas (within the meaning of the Road Transport Act 2013 ), and (b) associated public transport facilities for roads used to convey passengers by means of regular bus services, and (c) bus layovers that are integrated or associated with roads (whether or not the roads are used to convey passengers by means of regular bus services), and (d) bus depots, and (e) bus stops and bus shelters, and (f) traffic control facilities (within the meaning of Part 6 of the Transport Administration Act 1988 ), TfNSW road safety training facilities and safety works, and (g) premises used for the purposes of testing and inspecting heavy vehicles (within the meaning of the Road Transport Act 2013 ) under the TfNSW Heavy Vehicle Authorised Inspection Scheme, and (h) cycleways, pedestrian pathways and shared paths. (2) In sections 2.109, 2.110A and 2.112, a reference to development for the purposes of road infrastructure facilities includes a reference to development for the following purposes if the development is carried out in connection with a road or road infrastructure facilities— (a) construction works, whether or not in a heritage conservation area, including— (i) temporary buildings or facilities for the management of construction, if they are in or adjacent to a road corridor, and (ii) creation of embankments, and (iii) extraction and stockpiling of extractive materials if— (A) the extraction and stockpiling are ancillary to road construction, or (B) the materials are used solely for road construction and the extraction and stockpiling take place in or adjacent to a road corridor, and (iv) temporary crushing or concrete batching plants, if they are used solely for road construction and are on or adjacent to a road corridor, and (v) temporary roads that are used solely during road construction, (b) emergency works or routine maintenance works, Note— See section 2.7(4) regarding emergency works and routine maintenance works on land to which State Environmental Planning Policy (Resilience and Hazards) 2021 , sections 2.7 and 2.8 apply. (c) alterations or additions to an existing road, such as widening, narrowing, duplication or reconstruction of lanes and changing the alignment or strengthening of the road, (d) environmental management works, if the works are in or adjacent to a road corridor. s 2.108: Am 2022 (727), Sch 1[21] [22]; 2024 (654), Sch 1[23] [24]; 2025 (692), Sch 1[76]. 2.109 Development permitted without consent—general (1) 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. However, such development may be carried out without consent on land reserved or acquired under the National Parks and Wildlife Act 1974 only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or (c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement. (2) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land in a prescribed zone— (a) bus depots, (b) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities). (2A) The following development for the purposes of bus depots may be carried out by or on behalf of a public authority without consent on land within the boundaries of an existing bus depot— (a) the erection of a building that is— (i) no more than 12.5m high, and (ii) not located within 5m of a property boundary for a lot in a residential or conservation zone, (b) the demolition of a building. (3) s 2.109: Am 2022 (742), Sch 1[10]; 2024 (654), Sch 1[25]; 2025 (692), Sch 1[22] [77]. 2.110 Development permitted without consent—particular roads or road projects Development for the purpose of any of the following roads or road projects (as described in Schedule 2) may be carried out by or on behalf of a public authority without consent— (a) the Eastern Distributor, (b) the Cross City Tunnel, (c) the Lane Cove Tunnel, (d) the Tugun Bypass, (e) the Liverpool—Parramatta Transitway, (f) the North-West Sydney Transitway Network. 2.110A Development permitted without consent—coastal wetlands and littoral rainforest (1) This section applies to land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map . (2) Development for the purposes of roads or road infrastructure facilities may be carried out by or on behalf of a public authority without development consent if— (a) the development does not involve the clearing of native vegetation from coastal wetlands or littoral rainforest, and (b) the public authority is satisfied the development— (i) includes adequate measures to minimise adverse impacts on coastal wetlands or littoral rainforest, and (ii) is not likely to significantly impact the biophysical, hydrological or ecological integrity of coastal wetlands or littoral rainforest, and (iii) is not likely to significantly impact the quantity and quality of surface and ground water flows to and from coastal wetlands, and (c) the development does not involve earthworks other than earthworks that are ancillary to the following development— (i) geotechnical testing and sampling that involves a drill hole with a diameter of no more than 120mm, (ii) surveying and the placement of survey marks, (iii) boring or directional drilling that does not disturb the surface of coastal wetlands or littoral rainforest and that involves a drill hole with a diameter of no more than 1,800mm, (iv) replacing an electricity pole with a new pole with a diameter of no more than 1,200mm, (v) installing supporting posts for a gate on an existing fence, (vi) creating a trench to lay an electricity line to connect 2 connection points that are no more than 100m apart. s 2.110A: Ins 2024 (654), Sch 1[26]. 2.111 Notification of carrying out of certain development under section 2.109, 2.110 or 2.110A without consent (1) This section applies to development that may be carried out by or on behalf of a public authority without consent under section 2.109, 2.110 or 2.110A for any of the following purposes— (a) car parks intended for use by commuters using regular bus services, (b) bus depots, (c) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities). (2) Before development to which this section applies is carried out on land, the public authority concerned must— (a) give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the public authority is that council) and to the occupiers of adjoining land, and (b) take into consideration any response to the notice that is received within 21 days after giving the notice. s 2.111: Am 2024 (654), Sch 1[27]. 2.112 Development permitted with consent (1) Development for the purpose of a road or road infrastructure facilities may be carried out by any person with consent on land within a special area within the meaning of the Water NSW Act 2014 . (2) Development for any of the following purposes may be carried out by any person with consent on land in a prescribed zone— (a) car parks intended for use by commuters using regular bus services, (b) bus depots, (c) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities), (d) retail or business premises in a car park (other than an at-grade car park) that is intended for use by commuters using regular bus services, but only if the premises are located on the ground floor of the car park or have street frontage, (e) retail or business premises in a public transport interchange (other than an at-grade interchange) on a route used to convey passengers by means of regular bus services, but only if the premises are located on the ground floor of the interchange or have street frontage. (3) Nothing in this section requires a public authority to obtain consent for development that is permitted without consent by section 2.109, 2.110, 2.110A or 2.113. s 2.112: Am 2024 (654), Sch 1[28]. 2.113 Exempt development (1) Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority or the Minister responsible for Crown roads (within the meaning of the Roads Act 1993 ) in connection with a road or road infrastructure facilities and complies with section 2.20— (a) erection, installation, maintenance, reconstruction or replacement of any of the following, and any associated landscaping works— (i) security fencing with a height above ground level (existing) of not more than 3.2m, (ii) safety barriers or systems, including Jersey barriers, (iii) directional, safety or other advisory signs relating to road works or the use of existing road infrastructure facilities, (iv) pedestrian and cyclist facilities (such as footpaths, street lighting, kerb adjustments and ramps, pedestrian fences, refuges, holding rails, and bollards), (v) slope stability works that are required for safety reasons, (v1) minor road safety improvements, (vi) minor road pavement or shoulder work (such as patching, grading, re-sheeting, sealing and re-sealing), (vii) street furniture (such as seats, bins and directional signs) and any associated kerb construction, access paths and ramps, lighting and signage that complies with AS:1428.2 and the Disability Standards, (viii) removal from or addition to existing traffic lights of items such as signal displays, loops or buttons, (ix) roadside facilities and rest areas, if the development does not involve the installation of toilets and involves no greater disturbance to the ground or vegetation than necessary, (x) street lighting, if any replacement involves the replacement of existing materials with similar materials only and if the lighting minimises light spill and artificial sky glow in accordance with the Lighting for Roads and Public Spaces Standard, (xi) pavement and road surface markings (such as bus lane markings), lane delineators, electric pavement lights, detection loops and traffic counters, (xii) kerb and guttering, (xiii) culverts, drains and other works to improve the quality or control of stormwater runoff, (xiv) public transport information display and ticketing systems, (b) repair or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment, replacement of screening of overhead bridges and removal of graffiti or debris, (c) emergency works to protect a road or road infrastructure facilities, the environment or the public, but only if they involve no greater disturbance to soil or vegetation than necessary, (d) upgrading or maintenance of landscaping, or vegetation management (such as weed spraying, slashing and pruning), that— (i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only, (e) installation, replacement or maintenance of temporary structures (such as temporary bus stops, bus shelters or signs) that are associated with alternative transport arrangements necessitated by road works or road maintenance and that are removed as soon as practicable. (2) The construction of bus stops or bus shelters (including the construction or installation of any associated kerbs, access paths or ramps, lighting or signage) carried out by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if— (a) the development complies with section 2.20, and (b) the stops or shelters— (i) have a height above the footpath of not more than 3.2 metres, and (ii) have only non-reflective finishes, and (iii) do not obstruct the line of sight of vehicular traffic or pedestrian traffic, and (c) the design of any associated kerbs, access paths and ramps, lighting and signage is in accordance with AS 1428 and the Disability Standards. (3) The display of commercial advertisements on bus stops or bus shelters is not exempt development under this section. (4) Development for the purposes of maintaining bus stops or bus shelters (including maintaining any associated kerbs, access paths or ramps, lighting or signage) by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if the development— (a) complies with section 2.20, and (b) does not involve giving the shelter or stop a reflective finish, and (c) does not cause the design of any associated kerbs, access paths or ramps, lighting or signage to be inconsistent with AS 1428 or the Disability Standards. (5) Without limiting section 2.21, development for a purpose specified in Schedule 1 is exempt development if the development— (a) is carried out by or on behalf of an accredited bus service operator providing a regular bus service, and (b) is carried out on land within the boundaries of an existing bus depot, and (c) meets the development standards for the development specified in Schedule 1, and (d) complies with section 2.20. (6) In this section— relevant development control plan means, in relation to a bus stop or bus shelter, a development control plan (as in force on the commencement of this Chapter) that has been adopted by the council for the local government area in which the stop or shelter is located. s 2.113: Am 2025 (692), Sch 1[78]. 2.114 Complying development Development on land within the boundaries of an existing bus depot is complying development if it is carried out by or on behalf of a public authority, or an accredited bus service operator who is operating a regular bus service, complies with section 2.22 and consists of— (a) the addition to or alteration of office premises, a shed, a garage or a kiosk in existence before the commencement of this section, but only if, on completion of the addition or alteration— (i) the gross floor area of the office premises, shed, garage or kiosk is not more than 25% greater than it was immediately before the commencement of this section, and (ii) the height of the office premises, shed, garage or kiosk is not more than 12m above ground level (existing), and (iii) the office premises, shed, garage or kiosk is located no closer than 5m from any adjoining property boundary, or (b) the erection of a canteen, or kiosk, for the use of employees, but only if the canteen or kiosk— (i) has a gross floor area of not more than 100m 2 , and (ii) has a height of not more than 12m above ground level (existing), and (iii) is designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004 , Design, construction and fit-out of food premises , and (iv) is located no closer than 5m from any adjoining property boundary, or (c) the erection of an amenity facility (such as a toilet block or showers) for the use of employees, but only if the facility— (i) has a gross floor area of not more than 100m 2 , and (ii) has a height of not more than 10m above ground level (existing), and (iii) is located no closer than 5m from any adjoining property boundary, or (d) the demolition of any of the following buildings— (i) a building having a gross floor area of not more than 250m 2 , (ii) a building the erection of which is exempt development under this Chapter, (iii) a building the erection of which is complying development under this section, or (e) the erection of a fence or a gate (including a security boom gate) having a height of not more than 5m above ground level (existing), or (f) the erection of a building consisting of a switch room, security booth, shed or the like, but only if— (i) the gross floor area of the building is not more than 500m 2 , and (ii) the building is 1 storey high, and (iii) the height of the building is not more than 12m above ground level (existing), and (iv) the building is located no closer than 5m from any adjoining property boundary, or (g) the erection of a rainwater or grey water tank having a storage capacity of not more than 20,000 litres of water, or (h) the installation or replacement of paving, but only if— (i) any uncontaminated stormwater that traverses the new paving is directed to a stormwater management system, and (ii) in a case where it is proposed that there be any fuel stored or any refuelling on the paved area—the paved area is bunded so that any fuel spilled on the paved area is contained. Note. The relevant water supply authority should be contacted in relation to any controls on the disposal of contaminated liquids. 2.115 Complying development certificate conditions—additional conditions A complying development certificate for development referred to in section 2.114 is subject to the following conditions (in addition to the conditions set out in section 2.23)— (a) suitable screens or barricades must be erected prior to any demolition, excavation or building work in order to control dust emissions from the site, (b) in the case of development referred to in section 2.114(b), (c) or (f)—the principal certifying authority for the development must be given the following survey certificates prepared by a registered land surveyor— (i) before any form work below the ground floor slab is completed or (if there is no such form work) before the concrete is poured for the ground floor slab—a survey certificate showing the location of the proposed building relative to the property boundaries, (ii) on completion of the lowest floor—a survey certificate confirming that the levels correspond to the levels shown on the plans in respect of which the complying development certificate is issued. Subdivision 2 Development in or adjacent to road corridors and road reservations 2.116 Development other than road facilities on public roads (1) Development may be carried out with consent on a public road that is unzoned land for any purpose that may be carried out (either with or without consent) on land adjoining the road. (2) Development for any purpose may be carried out by a public authority without consent on a public road that is unzoned land. 2.117 Highway service centres in road corridors (1) Development for the purpose of a highway service centre may be carried out in a road corridor for a controlled access road, highway, freeway, main road or tollway only with consent. (2) In this section, controlled access road , highway , freeway , main road and tollway have the same meanings as in the Roads Act 1993 . s 2.117: Am 2025 (692), Sch 1[79] [80]. 2.118 Development on proposed classified road (1) Consent for development for any of the following purposes on land reserved for the purposes of a classified road (but before the land is declared to be a classified road) may be granted only with the concurrence of TfNSW— (a) subdivision that results in the creation of an additional lot with dwelling entitlements, (b) development with an estimated development cost greater than $185,000, (c) development for the purpose of dwellings that are, or any other building that is, to be held under strata title. (2) Before determining a development application (or an application for modification of a consent) for development to which this section applies, the consent authority must— (a) give written notice of the application to TfNSW within 7 days after the application is made, and (b) take into consideration any response to the notice that is received within 21 days after the notice is given. (3) In deciding whether to grant concurrence to proposed development under this section, TfNSW must take the following matters into consideration— (a) the need to carry out development for the purposes of a classified road or a proposed classified road, (b) the imminence of acquisition of the land by TfNSW, (c) the likely additional cost to TfNSW resulting from the carrying out of the proposed development. (4) The consent authority must give TfNSW a copy of the determination of the application within 7 days after the determination is made. (5) The consent authority may grant consent to development to which this section applies without the concurrence of TfNSW if— (a) the consent authority has given the chief executive officer notice of the development application, and (b) 21 days have passed since giving the notice and the chief executive officer has not granted or refused to grant the concurrence. s 2.118: Am 2023 (523), Sch 2.8[2]. 2.119 Development with frontage to classified road (1) The objectives of this section are— (a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and (b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads. (2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that— (a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and (b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of— (i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and (c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road. 2.120 Impact of road noise or vibration on non-road development (1) This section applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 20,000 vehicles (based on the traffic volume data published on the website of TfNSW) and that the consent authority considers is likely to be adversely affected by road noise or vibration— (a) residential accommodation, (b) a place of public worship, (c) a hospital, (d) an educational establishment or centre-based child care facility. (2) Before determining a development application for development to which this section applies, the consent authority must take into consideration any guidelines that are issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded— (a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10 pm and 7 am, (b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time. (3A) Subsection (3) does not apply to a building to which State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 7 applies. (4) In this section, freeway , tollway and transitway have the same meanings as they have in the Roads Act 1993 . s 2.120: Am 2022 (451), Sch 3; 2022 (517), Sch 1[1]. 2.121 Excavation in or immediately adjacent to corridors (1) This section applies to development that involves the penetration of ground to a depth of at least 3m below ground level (existing) on land that is the road corridor of any of the following roads or road projects (as described in Schedule 2)— (a) the Eastern Distributor, (b) the Cross City Tunnel, (c) the Lane Cove Tunnel, (d) the Tugun Bypass, (e) the Liverpool—Parramatta Transitway, (f) the North-West Sydney Transitway Network, (g) the Gore Hill Freeway, (h) the Western Distributor, (i) Southern Cross Drive, (j) the Cahill Expressway, (k) General Holmes Drive, (l) the Hume Motorway, (m) the M1 Pacific Motorway, (n) the M2, (o) the M4, (p) the M5, (q) the M4–M5 link, (r) the M7, (s) NorthConnex, (t) the Sydney Harbour Tunnel, (u) the King Georges Road Interchange, (v) the Pacific Highway. (2) Before determining a development application (or an application for modification of a consent) for development to which this section applies, the consent authority must— (a) give written notice of the application to TfNSW within 7 days after the application is made, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) any guidelines that are issued by the Planning Secretary for the purposes of this section and published in the Gazette, and (iii) any implications of the ground penetration for the structural integrity of the road or project, and (iv) any cost implications for the road or project of the ground penetration. (3) The consent authority must provide TfNSW with a copy of the determination of the application within 7 days after the determination is made. s 2.121: Am 2022 (517), Sch 1[1]. 2.122 Traffic-generating development (1) This section applies to development specified in Column 1 of the Table to Schedule 3 that involves— (a) new premises of the relevant size or capacity, or (b) an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity. (2) In this section, relevant size or capacity means— (a) in relation to development on a site that has direct vehicular or pedestrian access to any road (except as provided by paragraph (b))—the size or capacity specified opposite that development in Column 2 of the Table to Schedule 3, or (b) in relation to development on a site that has direct vehicular or pedestrian access to a classified road or to a road that connects to a classified road where the access (measured along the alignment of the connecting road) is within 90m of the connection—the size or capacity specified opposite that development in Column 3 of the Table to Schedule 3. (3) A public authority, or a person acting on behalf of a public authority, must not carry out development to which this section applies that this Chapter provides may be carried out without consent unless the authority or person has— (a) given written notice of the intention to carry out the development to TfNSW in relation to the development, and (b) taken into consideration any response to the notice that is received from TfNSW within 21 days after the notice is given. (4) Before determining a development application for development to which this section applies, the consent authority must— (a) give written notice of the application to TfNSW within 7 days after the application is made, and (b) take into consideration— (i) any submission that RMS provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, TfNSW advises that it will not be making a submission), and (ii) the accessibility of the site concerned, including— (A) the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and (B) the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and (iii) any potential traffic safety, road congestion or parking implications of the development. (5) The consent authority must give TfNSW a copy of the determination of the application within 7 days after the determination is made. 2.122A Traffic-generating development—exemption for Accelerated TOD Precincts (1) Section 2.122 does not apply to development for the purposes of residential accommodation on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map . (2) This section does not apply in relation to— (a) a development application made, but not finally determined, before the commencement of this section, or (b) a development application made on or after 30 November 2027. (3) In this section— Accelerated Transport Oriented Development Precincts Rezoning Areas Map has the same meaning as in State Environmental Planning Policy (Housing) 2021 . s 2.122A: Ins 2024 (594), Sch 4. Subdivision 3 Electric vehicle charging units 2.123 Definitions In this Subdivision— advertising-enabled EV charging unit — (a) means an EV charging unit that includes a screen or other display capable of displaying advertisements, and (b) includes an advertisement displayed on the screen or other display. electricity supply authority and electricity transmission or distribution network have the same meanings as in this Part, Division 5. EV charging unit means electric vehicle supply equipment intended to be used to deliver electricity to charge the battery of an electric vehicle. installation includes construction or erection. street furniture — (a) includes parking meters, telephone booths, rubbish bins or recycling bins, planter boxes, street signs, benches and bollards, and (b) does not include electricity or lighting poles or bus stops. s 2.123: Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[29]. 2.124 Development permitted without consent—electricity supply authorities and public authorities Development for the purposes of installing an EV charging unit may be carried out by or on behalf of an electricity supply authority or a public authority without consent if— (a) the unit is installed on land owned or controlled by an electricity supply authority or a public authority, and (b) the unit is installed on a footpath adjacent to an area where a motor vehicle may lawfully be parked, and (c) the unit is not installed on, or attached to, an existing building other than— (i) an electricity substation that is part of an electricity transmission or distribution network, or (ii) an electricity or lighting pole that is part of an electricity transmission or distribution network and to which a transformer is not attached, or (iii) street furniture, and (d) for a unit that is not installed on, or attached to, an existing building—the unit is installed— (i) if installed near a kerb—at least 30cm behind the face of the kerb, or (ii) otherwise—at least 1m from a public road, and (e) the unit is installed in accordance with specifications or instructions issued by the manufacturer of the unit, and (f) the unit complies with the following standards— (i) AS/NZS 3000:2018 , Electrical installations , (ii) AS/NZS 4417.2:2020 , Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory applications , and (g) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (h) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (h1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (i) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iii) if illuminated—is not animated, flashing or moving. s 2.124: Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[30]–[34]. 2.124A Development permitted with consent—generally (1) Development for the purposes of installing an EV charging unit may be carried out with consent if— (a) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (b) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (c) for an advertising-enabled EV charging unit— (i) the unit is not installed on land in a residential zone, and (ii) each screen or display of the unit— (A) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (B) if illuminated—is not animated, flashing or moving. (2) s 2.124A: Ins 2023 (80), Sch 1. Am 2023 (458), Sch 3.6[1]–[3]; 2024 (654), Sch 1[35]. 2.124B Development permitted with consent—residential premises (1) Development for the purposes of installing an EV charging unit may be carried out with consent on relevant public land if— (a) the unit is installed adjacent to an area where a motor vehicle may lawfully be parked, and (b) the consent authority is satisfied the unit is— (i) for the non-commercial use of an owner or occupier of the adjacent residential premises, and (ii) connected to the electricity meter of the owner or occupier, and (c) all cables providing electrical power to the unit are located underground, and (d) the unit is able to be fully retracted underground when not in use, and (e) the unit is installed in accordance with specifications or instructions issued by the manufacturer of the unit. (2) This section does not apply to an advertising-enabled EV charging unit. (3) In this section— relevant public land means public land that— (a) immediately adjoins a public road, and (b) is adjacent to residential premises. s 2.124B: Ins 2023 (80), Sch 1. 2.124C Development permitted with consent—buildings used for recharging or exchanging batteries Development involving the erection of a building used for the purposes of recharging or exchanging the batteries of electric vehicles may be carried out with consent on land adjoining a public road— (a) in a prescribed zone, or (b) on which there is an existing service station, highway service centre or car washing facility. s 2.124C: Ins 2023 (80), Sch 1. 2.124D Exempt development—certain premises (1) Development for the purposes of installing an EV charging unit is exempt development if— (a) the development complies with section 2.20, and (b) the unit is installed— (i) in or adjacent to a parking space associated with a building, or (ii) in relevant premises and adjacent to an area where a motor vehicle may lawfully be parked, and (c) (d) the unit complies with the following standards— (i) AS/NZS 3000:2018 , Electrical installations , (ii) AS/NZS 4417.2:2020 , Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory applications , (iii) if the unit is installed in a service station or highway service centre— AS/NZS IEC 60079.10.1:2022 , Explosive atmospheres, Part 10.1: Classification of areas—Explosive gas atmospheres , and (e) the unit does not obstruct vehicular or pedestrian access to or from, or entry into, a building, and (f) the unit does not extend onto or above a public road, and (g) the unit is not installed on an electricity or lighting pole, and (g1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (h) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) does not have a surface area greater than 3m 2 , and (iii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iv) if illuminated—is not animated, flashing or moving. (2) In this section— relevant premises means the following— (a) a bus depot, (b) a car park, (c) a car washing facility, (d) a highway service centre, (e) a public administration building, (f) a road maintenance depot, (g) a service station. s 2.124D: Ins 2023 (80), Sch 1. Am 2024 (115), Sch 1[1] [2]; 2024 (654), Sch 1[34] [36]. 2.124E Exempt development—existing electricity or lighting poles Development for the purposes of installing an EV charging unit on an existing electricity or lighting pole is exempt development if— (a) the development complies with section 2.20, and (b) the unit is installed on, or attached to, an existing electricity or lighting pole that is— (i) not a pole to which a transformer is attached, and (ii) part of an electricity transmission or distribution network, and (iii) adjacent to an area where a motor vehicle may lawfully be parked, and (c) the unit does not contain batteries capable of storing a total of more than 1kWh of energy, and (d) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (e) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (f) the charging cables of the unit are able to be fully contained within the unit when the unit is not in use, and (g) when the charging cables of the unit are fully contained within the unit, no part of the unit extends onto or above a public road, and (g1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (h) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) does not have a surface area greater than 3m 2 , and (iii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iv) if illuminated—is not animated, flashing or moving. s 2.124E: Ins 2023 (80), Sch 1. Am 2024 (452), Sch 1; 2024 (654), Sch 1[34] [37]. 2.124F Exempt development—existing street furniture Development for the purposes of installing an EV charging unit carried out by or on behalf of an electricity supply authority or a public authority is exempt development if— (a) the development complies with section 2.20, and (b) the unit is installed on, or attached to, an existing piece of street furniture, and (c) the unit is installed adjacent to an area where a motor vehicle may lawfully be parked, and (d) the unit complies with the following standards— (i) AS/NZS 3000:2018 , Electrical installations , (ii) AS/NZS 4417.2:2020 , Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory applications , and (e) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (f) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (g) the charging cables of the unit are able to be fully contained within the unit when the unit is not in use, and (h) when the charging cables of the unit are fully contained within the unit, no part of the unit extends onto or above a public road, and (h1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (i) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) does not have a surface area greater than 3m 2 , and (iii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iv) if illuminated—is not animated, flashing or moving. s 2.124F: Ins 2023 (80), Sch 1. Am 2024 (654), Sch 1[34] [38] [39].