State Environmental Planning Policy (Transport and Infrastructure) 2021

Future infrastructure corridors ch 4, hdg: Am 2025 (692), Sch 1[124]. 4.1 Aims of Chapter The aims of this Chapter are as follows— (a) to identify land that is intended to be used in the future as an infrastructure corridor, (b) to establish appropriate planning controls for the land for the following purposes— (i) to allow the ongoing use and development of the land until it is needed for the future infrastructure corridor, (ii) to protect the land from development that would adversely impact on or prevent the land from being used as an infrastructure corridor in the future. 4.2 Definitions (1) A word or expression used in this Chapter has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Chapter. (2) In this Chapter— estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021 . future infrastructure corridor means land shown as within Zone SP2 Infrastructure on the Future Infrastructure Corridor Map . Future Infrastructure Corridor Map means the State Environmental Planning Policy (Major Infrastructure Corridors) 2020—Future Infrastructure Corridor Map . future underground infrastructure corridor means land identified as “future underground infrastructure corridor” on the Future Underground Infrastructure Corridor Map . Future Underground Infrastructure Corridor Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Future Underground Infrastructure Corridors Map . infrastructure investigation area means land shown as “infrastructure investigation area” on the Infrastructure Investigation Areas Map . Infrastructure Investigation Areas Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Infrastructure Investigation Areas Map . Interim Uses Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Future Infrastructure Corridors Interim Uses Map . Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 . the Act means the Environmental Planning and Assessment Act 1979 . underground corridor technical guidelines means the Sydney Metro Underground Corridor Protection Technical Guidelines published by Transport for NSW on 1 August 2025. Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter. (3) Notes included in this Chapter do not form part of this Chapter. s 4.2: Am 2023 (523), Sch 2.8[10]; 2025 (692), Sch 1[125]. 4.3 Land to which Chapter applies This Chapter applies to all land within a future infrastructure corridor and the adjacent land referred to in section 4.9(1)(b)–(d). 4.4 Relationship with other environmental planning instruments (1) Subject to subsection (2), in the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency. (2) If this chapter and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify the same development as exempt or complying development, the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to the development. s 4.4: Am 2025 (692), Sch 1[126]. 4.5 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both. s 4.5: Am 2024 (585), Sch 1[38]. 4.6 Zone SP2 Infrastructure (1) Objectives of zone The objectives of Zone SP2 Infrastructure are as follows— (a) to provide for infrastructure and related uses, (b) to prevent development that is not compatible with or that may detract from the provision of infrastructure. (2) Permitted without consent Development for any of the following purposes is permitted without development consent on land within Zone SP2 Infrastructure— Nil (3) Permitted with consent Development for any of the following purposes is permitted only with development consent on land within Zone SP2 Infrastructure— The purpose shown on the Future Infrastructure Corridor Map , including any development that is ordinarily incidental or ancillary to development for that purpose; Roads (4) Prohibited Development for any of the following purposes is prohibited on land within Zone SP2 Infrastructure— Any development not specified in subsection (2) or (3) (5) Miscellaneous For the purposes of this section— (a) land is within Zone SP2 Infrastructure if the land is shown on the Future Infrastructure Corridor Map as being within that zone, and (b) the consent authority must have regard to the objectives for development in that zone when determining a development application in respect of land within the zone, and (c) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and (d) a reference to a type of building or other thing does not include (despite any definition in this Chapter or the Standard Instrument) a reference to a type of building or other thing referred to separately in the section. (6) National parks and other reserved land Despite subsections (2)–(4), if land within Zone SP2 Infrastructure is land reserved under the National Parks and Wildlife Act 1974 — (a) development for uses authorised under that Act is permitted without consent, and (b) no development is permitted with consent, and (c) any development not specified in paragraphs (a) or (b) is prohibited. (7) This section is subject to the other provisions of this Chapter. 4.7 Development in future infrastructure corridor for previously permitted uses of land (1) Despite section 4.6, development may be carried out with development consent on land within a future infrastructure corridor, but only if— (a) the development is of a kind that could be carried out on the land under an applicable environmental planning instrument immediately before the land was included within a future infrastructure corridor, and (b) where the proposed development has an estimated development cost of more than $200,000—Transport for NSW grants concurrence to the proposed development, and (c) the development is consistent with the aims of this Chapter. (2) Before determining a development application (or an application for modification of a consent) for development to which subsection (1)(b) applies, the consent authority must— (a) within 7 days after the application is made, give written notice of the application to Transport for NSW, 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 issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) In deciding whether to grant concurrence to proposed development under this section, Transport for NSW must take the following matters into consideration— (a) the need to carry out the proposed development on the land, (b) the timing of carrying out the proposed development and the proposed timing for constructing infrastructure in the future infrastructure corridor, (c) the likely additional cost of constructing infrastructure in the future infrastructure corridor resulting from the carrying out of the proposed development. (4) Despite subsection (1)(b), the consent authority may grant consent to development to which that subsection applies without the concurrence of Transport for NSW if 21 days have passed since the consent authority gave notice under subsection (2)(a) and Transport for NSW has not granted or refused to grant concurrence. s 4.7: Am 2023 (523), Sch 2.8[11]. 4.7A Interim development in future infrastructure corridors (1) The objectives of this section are— (a) to enable the temporary use of land in a future infrastructure corridor for a purpose other than a purpose that was permitted immediately before the land became part of the corridor, and (b) to provide flexibility where— (i) a permissible land use in another zone in the area would enable a more logical and appropriate development of land in the corridor, and (ii) development on land in the corridor for that purpose would be compatible with the objectives for development and permissible land uses in the other zone. (2) This section applies to land in a future infrastructure corridor identified as “Interim Use” on the Interim Uses Map . (3) Despite section 4.6, interim development may be carried out with development consent on the land if the consent authority is satisfied of the following— (a) the interim development is not inconsistent with the objectives for development in other zones in the area, (b) the interim development is desirable having regard to the compatibility of neighbouring land uses, infrastructure capacity and other planning principles relating to the efficient and timely development of land, (c) the interim development is generally consistent with the development standards and controls under environmental planning instruments and development control plans that apply to development for the same purpose on nearby land, (d) the interim development will not adversely impact or prevent the land being used for the purposes permitted under section 4.6, (e) the interim development will not prevent access to land for the purposes of investigations relating to the development under section 4.6. (4) Development consent must not be granted to development under this clause unless the consent authority has obtained the concurrence of Transport for NSW. (5) In deciding whether to grant concurrence, Transport for NSW must consider the following matters— (a) the period during which the land is proposed to be used for the interim development, (b) the timing for the delivery of infrastructure on the land, (c) impacts of the interim development on the delivery of future infrastructure, (d) appropriate measures proposed to mitigate the impacts of the interim development on the delivery of future infrastructure, (e) arrangement for access to the land by Transport for NSW for testing and works relating to future infrastructure, (f) the removal of interim development, (g) appropriate measures proposed to restore the land to the condition it was in before the commencement of the development. (6) This section does not apply to land that has been designated as a biodiversity stewardship site by a biodiversity stewardship agreement made under the Biodiversity Conservation Act 2016 , Part 5, Division 2. s 4.7A: Ins 2025 (692), Sch 1[127]. 4.7B Exempt development in future infrastructure corridors (1) Development on land in a future infrastructure corridor is exempt development if the development— (a) would otherwise be exempt development— (i) for development on land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , Chapter 4 applies—under that chapter, Part 4.6, Division 2, or (ii) otherwise—under a relevant Codes SEPP provision, and (b) has a capital investment value of no more than $200,000. (2) For the purposes of subsection (1)(a), the land is taken to be in the zone it was in immediately before the land became part of the future infrastructure corridor. (3) This section does not apply to land that has been designated as a biodiversity stewardship site by a biodiversity stewardship agreement made under the Biodiversity Conservation Act 2016 , Part 5, Division 2. (4) In this section— relevant Codes SEPP provision means the following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — (a) Part 2, Division 1, Subdivision 1, 2, 3, 3AA, 3B, 5, 6, 7, 8A, 9, 10A, 10B, 10C, 11, 12, 13, 15AA, 15AB, 15A, 15B, 17, 17A, 19, 20, 21A, 23A, 23B, 24, 25, 25A, 26, 27, 28, 30, 31, 32, 33A, 35, 36, 36A, 37, 37A, 37B, 39, 39B, 39C or 40A, (b) Part 2, Division 2 or 3. s 4.7B: Ins 2025 (692), Sch 1[127]. 4.7C Complying development in future infrastructure corridors (1) Development on land in a future infrastructure corridor is complying development if the development— (a) would otherwise be complying development— (i) for development on land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , Chapter 4 applies—under that chapter, Part 4.6, Division 3, or (ii) otherwise—under a relevant Codes SEPP provision, and (b) has a capital investment value of no more than $200,000. (2) For the purposes of subsection (1)(a), the land is taken to be in the zone it was in immediately before the land became part of the future infrastructure corridor. (3) This section does not apply to land that has been designated as a biodiversity stewardship site by a biodiversity stewardship agreement made under the Biodiversity Conservation Act 2016 , Part 5, Division 2. (4) In this section— relevant Codes SEPP provision means the following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — (a) Part 4, 5B, 7 or 8, (b) Part 4A, Division 1, Subdivision 3, 4 or 5, (c) Part 5, Division 1, Subdivision 1, 4, 5, 6, 7, 8, 12 or 13. s 4.7C: Ins 2025 (692), Sch 1[127]. 4.8 Subdivision of land prohibited (1) The subdivision of land within a future infrastructure corridor is prohibited. (2) Despite subsection (1), a subdivision for the purpose of a realignment of boundaries that does not create or include any additional lot (or part lot) within a future infrastructure corridor is permitted with development consent. 4.9 Excavation in, above, below or adjacent to future infrastructure corridors (1) This section applies to development that involves the penetration of ground to a depth of at least 2 metres below ground level (existing) on land— (a) within, below or above a future infrastructure corridor, or (b) within 25 metres (measured horizontally) of a future infrastructure corridor, or (c) within 25 metres (measured horizontally) of the ground directly below a future infrastructure corridor, or (d) within 25 metres (measured horizontally) of the ground directly above an underground future infrastructure corridor. (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) within 7 days after the application is made, give written notice of the application to Transport for NSW, 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 issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) The consent authority must not grant consent to development to which this section applies without the concurrence of Transport for NSW. (4) In deciding whether to provide concurrence, Transport for NSW must take into account— (a) the potential effects of the development (whether alone or cumulatively with other development or proposed development) on— (i) the safety or structural integrity of existing or proposed infrastructure in the future infrastructure corridor, and (ii) the safe and effective operation of existing or proposed future infrastructure in the future infrastructure corridor, and (b) what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects. (5) Despite subsection (3), the consent authority may grant consent to development to which this section applies without the concurrence of Transport for NSW if 21 days have passed since the consent authority gave notice under subsection (2)(a) and Transport for NSW has not granted or refused to grant concurrence. 4.10 Acquisition of land zoned under this Chapter The authority of the State that will be the relevant authority to acquire any land within a future infrastructure corridor, if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 , is Transport for NSW. 4.11 Development on land within a future underground infrastructure corridor (1) This section applies to development— (a) on land within a future underground infrastructure corridor, and (b) that has an estimated development cost exceeding $200,000, and (c) that involves— (i) the erection of a building with a height of at least 10m, or (ii) an increase in the height of a building so that the building is at least 10m, or (iii) the penetration of existing ground to a depth of at least 2m below ground level (existing). (2) Development consent must not be granted to development to which this section applies unless— (a) the consent authority has obtained the concurrence of Transport for NSW, and (b) the consent authority is satisfied the development is consistent with the underground corridor technical guidelines. (3) In deciding whether to grant concurrence to proposed development under this section, Transport for NSW must take the following matters into consideration— (a) the practicability and cost of carrying out public transport projects on the land in the future, (b) the structural integrity or safety of, or ability to operate, public transport projects on the land in the future, (c) the operation or maintenance of public transport projects on the land in the future. (4) The consent authority must provide Transport for NSW with a copy of the determination of the development application within 7 days after the determination is made. (5) Despite subsection (2)(a), development consent may be granted without the concurrence of Transport for NSW if— (a) the consent authority has notified Transport for NSW of the development application, and (b) Transport for NSW has not granted or refused to grant concurrence within 21 days after being notified. s 4.11: Ins 2025 (692), Sch 1[128]. s 4.11: Ins 2025 (692), Sch 1[129]. 4.11 Development on land within or adjoining an infrastructure investigation area (1) This section applies to development— (a) on land within or directly adjoining an infrastructure investigation area, and (b) that has an estimated development cost of more than $200,000. (2) Development consent must not be granted to development to which this section applies unless the consent authority has obtained the concurrence of Transport for NSW. (3) In deciding whether to grant concurrence, Transport for NSW must take into account the following matters— (a) the practicability and cost of carrying out public transport projects on the land in the future, (b) the structural integrity or safety of, or ability to operate, public transport projects on the land in the future, (c) the land acquisition costs and the costs of construction, operation or maintenance of public transport projects on the land in the future. (4) Development consent may be granted without the concurrence of Transport for NSW if— (a) the consent authority has notified Transport for NSW of the development application, and (b) Transport for NSW has not granted or refused to grant concurrence within 21 days after being notified. (5) The consent authority must provide Transport for NSW with a copy of the determination of the development application within 7 days after the determination is made. (6) This section ceases to have effect on 31 December 2030. 4.13 Savings A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy (Transport and Infrastructure) Amendment 2025 , Schedules 1[128] and 4 must be determined as if the policy had not commenced. s 4.13: Ins 2025 (692), Sch 1[129].