State Environmental Planning Policy (Transport and Infrastructure) 2021

(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.