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Building on land adjacent to a classified road

Building on land adjacent to a classified road is defined in the Standard Instrument Order and includes the following types of roads: main roads, highways, freeways, secondary road, tollworks and transitways. The information here can assist you understand the regulations and guidelines regarding building on this type of land.

Seeking approval for building next to a classified road

Clause 101 of the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) applies to development on land with a frontage to a classified road. 

Building adjacent to a classified road requires the local council to seek the views of the Roads and Maritime Services (RMS) and take any views provided into consideration. 

The local council and RMS will consider issues such as vehicle access to the site and any impact on the performance of the classified road. The RMS will review the proposed development (plans and traffic impact report) and provide its comments to the council. You can find out further information at the RMS website

Any works within the road and footpath (such as a driveway crossing or replacement kerb and gutter) will also require a concurrent approval by the council under the Roads Act 1993. Section 138 of the Roads Act 1993 requires RMS to give its written concurrence where the development is on a classified road. 

Clause 102 of the Infrastructure SEPP applies to residential development of land that is in or adjacent to the road corridor for a classified road and requires the local council to consider the guideline Development near rail corridors  and busy roads – interim guideline .The relevant circular, Planning Circular PS08-016, was published in 2008. 

Australian Standards for building next to a classified road

During its assessment of an application, the council will usually consider the impact of the classified road on the proposed development and may refer to the following Australian Standards: 

  • AS/NZS 2107:2016 Acoustics – Recommended design sound levels and reverberation times for building interiors 
  • AS2702:1989 Acoustics – Road traffic noise intrusion – Building siting and construction 

Copies of these standards are available from SAI Global

To find out more, contact HIA’s Planning and Environment team.

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