State Environmental Planning Policy (Transport and Infrastructure) 2021

pt 2.3, div 30: Ins 2025 (692), Sch 1[87]. 2.180 Definitions In this division— Australian Botanic Garden Mount Annan means land to which the Royal Botanic Gardens and Domain Trust Act 1980 , Schedule 2, Part 3B applies. Trust means the Royal Botanic Gardens and Domain Trust constituted under the Royal Botanic Gardens and Domain Trust Act 1980 . s 2.180: Ins 2025 (692), Sch 1[87]. 2.181 Application of division This division applies to the following— (a) for development in the Australian Botanic Garden Mount Annan for the purposes of community events, private functions and temporary outdoor cinemas with a maximum capacity of 5,000 persons— (i) development carried out by or on behalf of the Trust, or (ii) development carried out with the written consent of the Trust, (b) otherwise—development in the Australian Botanic Garden Mount Annan carried out by or on behalf of the Trust. s 2.181: Ins 2025 (692), Sch 1[87]. 2.182 Development permitted without consent (1) This section applies to development to which this division applies for the following purposes— (a) agricultural produce industries, other than on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map , (b) artisan food and drink industries, (c) camping grounds, (d) community events, private functions and associated signage that comply with a written plan prepared by, or on behalf of, the Trust for the management of traffic, parking and vehicle and pedestrian access in relation to the event, (e) communities facilities, (f) construction, alteration and additions to a building used as part of the operations of the Trust, (g) eco-tourist facilities with an estimated development cost of less than $30 million, if the development is not carried out within 100m of a relevant pipeline as defined in section 2.77(3), (h) entertainment facilities with an estimated development cost of less than $30 million, (i) environmental facilities, (j) function centres with an estimated development cost of less than $30 million, (k) horticulture, other than on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map , (l) information and education facilities, (m) kiosks, (n) plant nurseries, other than on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map , (o) public administration buildings, (p) recreation facilities (indoor), (q) research stations, (r) restaurants or cafes, (s) sheds, (t) tourist and visitor accommodation with an estimated development cost of less than $30 million, if the development is not carried out within 100m of a relevant pipeline as defined in section 2.77(3), (u) warehouses or distribution centres with an estimated development cost of less than $30 million, (v) water recreation structures. (2) Development to which this section applies is permitted without development consent. (3) Subsection (2) does not apply unless— (a) if the development is proposed to be carried out on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map —the development will be connected to a reticulated stormwater and sewerage system where such connection is needed, and (b) the Trust has considered the Guideline for Development Adjacent to the Upper Canal and Warragamba Pipelines published by Water NSW in September 2021, and (c) the Trust has provided Water NSW notice of any proposed development and has taken into account comments made within 21 days after the notice was given, and (d) the development will not be more than 15m in height or located less than 5m away from a property boundary within the Australian Botanic Garden Mount Annan, and (e) where the development involves development for the following purposes, the Trust has given written notice of its intention to carry out the development to the relevant council and occupiers of the adjoining land, and has considered any response received within 21 days after notice was given— (i) community facilities, (ii) public administration buildings, (iii) recreation facilities (indoor), (iv) function centres, (v) entertainment facilities, (vi) tourist and visitor accommodation, (vii) warehouses, (viii) distribution centres, and (f) if the development is to be carried out on land adjacent to land in a pipeline corridor—the Trust has given written notice of their intention to carry out the development to the pipeline operator and has considered any response received within 21 days after notice was given. s 2.182: Ins 2025 (692), Sch 1[87]. 2.183 Exempt development (1) This section applies to development to which this division applies for the following purposes— (a) vehicle counters, (b) visitor information booths and temporary kiosks with— (i) a gross floor area no more than 30m 2 , and (ii) a height of no more than 2.5m above ground level (existing), (c) landscaping, including any landscape structures or features and irrigation systems, other than on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map , (d) temporary event signage— (i) with a total display area of no more than 10m 2 , and (ii) located at a distance of at least 10m from the boundary of a property fronting a public road or residential area, (e) directional signage and building identification signage with a total display area of no more than 5m 2 , (f) community events, private functions and temporary outdoor cinemas with a maximum capacity of 5,000 persons, satisfying the following— (i) carried out in accordance with an event operations management plan prepared by the Trust, addressing traffic, parking and vehicular and pedestrian access, (ii) carried out in accordance with the Bushfire Emergency Management and Evacuation Plan prepared by the Trust, (iii) if the event, function or temporary outdoor cinema is to be carried out on land adjacent to land in a pipeline corridor—the Trust must give written notice of their intention to carry out the event to the pipeline operator, and consider any response received within 21 days after the notice is given. (2) Development to which this section applies is exempt development. (3) Subsection (2) does not apply unless— (a) the development complies with section 2.20, and (b) if the development is proposed to be carried out on land identified as “affected land” on the State Environmental Planning Policy (Infrastructure) 2007 Water Supply Infrastructure Map — (i) the development will not involve the installation of irrigation systems or amenities generating sewerage or greywater, and (ii) the Trust has given written notice of their intention to carry out the event to Water NSW and has considered any response received within 21 days after notice was given. s 2.183: Ins 2025 (692), Sch 1[87].