Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012Extract from Roads Act 1993Part 9 Regulation of works, structures and activitiesDivision 1 Footway restaurantsSection 125 Approval to use footway for restaurant purposes(1) A council may grant an approval that allows a person who conducts a restaurantadjacent to a footway of a public road (being a public road that is vested in fee simplein the council) to use part of the footway for the purposes of the restaurant.(2) An approval may be granted on such conditions (including conditions as to paymentsin the nature of rent) as the council determines.(3) An approval may not be granted in respect of a footway of a classified road exceptwith the concurrence of RMS.(4) The term of an approval is to be such period (not exceeding 7 years) as is specified inthe approval.(5) An approval lapses at the end of its term or, if the part of the footway the subject ofthe approval ceases to be used for the purposes of a restaurant, when that useceases.Section 126 Authority to erect structures(1) A council:(a) may authorise the holder of an approval to erect and maintain structures in,on or over any part of the footway the subject of the approval, or(b) may, at the request and cost of the holder of the approval, erect and maintainany such structure.(2) The council may erect and maintain structures in, on or over any part of the footwaythe subject of an approval for the protection of public health and safety....Division 3 Other works and structures...Section 138 Works and structures(1) A person must not:(a) erect a structure or carry out a work in, on or over a public road, or(b) dig up or disturb the surface of a public road, or(c) remove or interfere with a structure, work or tree on a public road, or(d) pump water into a public road from any land adjoining the road, or(e) connect a road (whether public or private) to a classified road,otherwise than with the consent of the appropriate roads authority.(3) Infrastructure SEPPState Environmental Planning Policy (Infrastructure) 2007 (“iSEPP”) providesfor Roads and Traffic and provides for the construction of road infrastructurewith or without consent. Generally, the iSEPP provides that a road may beconstructed by a Public Authority without consent on any land.Extract from SEPP (Infrastructure) 2007Division 17 Roads and trafficClause 94 Development permitted without consent—general(1) Development for the purposes of a road or road infrastructure facilities may be carriedout by or on behalf of a public authority without consent on any land. However, suchdevelopment may be carried out without consent on land reserved under the NationalParks and Wildlife Act 1974 only if the development:(a) is authorised by or under the National Parks and Wildlife Act 1974, or(b) is, or is the subject of, an existing interest within the meaning of section 39 ofthat Act, or(c) is on land to which that Act applies over which an easement has beengranted and is not contrary to the terms or nature of the easement.(2) In this clause and clause 96, a reference to development for the purpose of roadinfrastructure facilities includes a reference to development for any of the followingpurposes if the development is in connection with a road or road infrastructurefacilities:(a) construction works (whether or not in a heritage conservation area),including:Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.27