16   Transport corridor land

(1)  Despite clause 10 (1) and the provisions of any other environmental planning instrument, the display of an advertisement on transport corridor land is permissible with development consent in the following cases:

(a)  the display of an advertisement by or on behalf of RailCorp on a railway corridor,

(b)  the display of an advertisement by or on behalf of the RTA on:

(i)  a road that is a freeway or tollway (under the Roads Act 1993) or associated road use land that is adjacent to such a road, or

(ii)  a bridge constructed by or on behalf of the RTA on any road corridor, or

(iii)  land that is owned, occupied or managed by the RTA and that is within 250 metres of a classified road,

(c)  the display of an advertisement on transport corridor land comprising a road known as the Sydney Harbour Tunnel, the Eastern Distributor, the M2 Motorway, the M4 Motorway, the M5 Motorway, the M7 Motorway, the Cross City Tunnel or the Lane Cove Tunnel, or associated road use land that is adjacent to such a road.

(2)  Before determining an application for consent to the display of an advertisement in such a case, the Minister for Planning may appoint a design review panel to provide advice to the Minister concerning the design quality of the proposed advertisement.

(3)  The Minister must not grant consent to the display of an advertisement in such a case unless:

(a)  the relevant local council has been notified of the development application in writing and any comments received by the Minister from the local council within 28 days have been considered by the Minister, and

(b)  the advice of any design review panel appointed by the Minister has been considered by the Minister, and

(c)  the Minister is satisfied that the advertisement is consistent with the Guidelines.

(4)  This clause does not apply to the display of an advertisement if:

(a)  the Minister determines that display of the advertisement is not compatible with surrounding land use, taking into consideration any relevant provisions of the Guidelines, or

(b)  the display of an advertisement on the land concerned is prohibited by a local environmental plan made after the commencement of State Environmental Planning Policy No 64—Advertising and Signage (Amendment No 2).