Blue Mountains Local Environmental Plan 1991 (NSW)
This plan may be cited as Blue Mountains Local Environmental Plan 1991.
This plan applies to certain land within the City of Blue Mountains, being—
(a) that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 1991”, or
(b) that land not shown on the Map within the meaning of Blue Mountains Local Environmental Plan 2005.
The principal objectives for the City are—
(a) Maintain the unique character of the City To identify and protect the Blue Mountains’ natural and cultural heritage, and the distinctive character and amenity of local communities; to recognise and maintain the positive qualities of the traditional lifestyle enjoyed by the residents of the City; and to recognise the importance of the Blue Mountains National Park as the setting of the City.
(b) Urban Containment To concentrate and contain the spread of urban development.
(c) Environmentally sensitive design and bushfire protection
(i) To locate, design, carry out and service development so that it does not exceed land capability and other physical constraints of the Blue Mountains.
(ii) To implement a bush fire management plan which will not cause unacceptable impact on Water Supply Catchment Areas or environmentally sensitive areas.
(iii) To ensure that new development is located and managed so as to reduce the threat from bushfire.
(d) Pollution and Erosion Control (i) To achieve unpolluted streams, land and air as well as a stable, attractive landscape.
(ii) In the short term, to attain water quality appropriate for recreational use in the headwaters of the Blue Mountains’ streams.
(e) Town Character To improve the physical quality of life for residents of the Blue Mountains.
(f) Economic Development and Employment To encourage tourism and other economic enterprises and the creation of employment opportunities which are sympathetic to the Blue Mountains’ character, and promote long term sustainability in the use of resources.
(g) Energy and Resources To promote maximum efficiency in the use of resources.
(h) Social Environment To maintain and improve the social environment by ensuring the planned development of community facilities, services, programmes and other activities relevant to the needs and aspirations of residents of the City.
(i) Arts and Cultural Activity To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
(a) To maintain and enhance the natural bushland buffer zones between towns.
(b) To ensure that development for tourism and recreation is consistent with the conservation of the natural landscape, the cultural heritage, the environment and the Blue Mountains National Park.
(c) To encourage a variety of residential development forms.
(d) To develop serviced land within existing towns for urban land uses and discourage premature development which would place an uneconomic or unreasonable burden on the provision of services and facilities on the urban fringe.
(e) To ensure that the individual and cumulative impacts of development do not have an adverse effect on stream catchments particularly associated with water supply or the Blue Mountains National Park.
(f) To encourage a high quality of design.
(g) To locate public utilities sensitively, so as to minimise environmental and visual impact.
(h) To maintain the character of the Mountains when viewed from the Great Western Highway and Great Western Railway line and reduce advertising signs on these routes.
(i) To minimise the impact of development on the Blue Mountains National Park by providing appropriate buffer areas and protecting wildlife corridors.
(a) To retain the low density of development in the Valley.
(b) To conserve the rural and natural landscape of the Valley, and views within the Valley and from public lookouts.
(c) To maintain the attraction of the entrance road and the characteristics of the existing roads in the Valley (ie curves, rises and falls, limited carriageway width, unpaved shoulders and verges and adjacent vegetation).
(d) To ensure that development for tourism and recreation is consistent with the conservation of the rural and natural landscape, heritage and agricultural qualities of the Valley.
(e) To maintain the agricultural capability of the Valley.
(f) To encourage a high quality of design.
(g) To locate public utilities sensitively, so as to minimise environmental and visual impact.
(a) To conserve the low density, semi-rural heritage and natural landscapes.
(b) To conserve areas of natural vegetation which provide key landscape and ecological elements, in particular, the rainforest and tall open forest communities on basalt soils.
(c) To retain a pleasing combination of formal avenues and roadsides plantings, private gardens and landscaping, forests and stands of natural vegetation, attractive rural and semi-rural landscape, local vistas and distant views.
(d) To maintain the characteristics of the existing local roads, (ie curves, rises and falls, limited carriageway width, unpaved shoulders and verges, and adjacent vegetation and attractive plantings).
(e) To conserve historic building, their curtilages and landscaped settings.
(f) To ensure that the individual and cumulative impact of development does not have an adverse effect on stream catchments particularly associated with water supply or the Blue Mountains National Park.
(g) To encourage a high quality of design.
(h) To locate sensitively public utilities to minimise environmental and visual impact.
(i) To minimise the impact of development on the Blue Mountains National Park by providing buffer areas and protecting wildlife corridors.
This plan repeals Blue Mountains Local Environmental Plan No 4 in so far as it applied to—
(a) land shown on the Map as being within a zone under this plan, or
(b) roads shown on the Map in so far as they are adjacent to and contiguous with any such land.
This Plan amends Blue Mountains Local Environmental Plan No 4 in the manner shown in Schedule 5.
The Blue Mountains City Council is the consent authority for the purposes of this plan.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
(a) To ensure that development is compatible with the rural and natural landscape and heritage of the locality.
(b) To avoid further fragmentation and loss of usable rural land; to encourage consolidation of small lots and resubdivision of existing holdings where the existing subdivision pattern is not appropriate or is unrelated to existing topography and natural constraints.
(c) To retain the low density of rural settlement and ensure that development does not create unreasonable, uneconomic or environmentally damaging demands for the provision of services.
(d) To maintain safety and convenience along main roads by discouraging uses that are likely to generate traffic volumes that disrupt traffic flow.
(e) To avoid ribbon development.
(f) To provide for the requirements of the rural community.
(a) To conserve the natural bushland character of the landscape surrounding the existing urban areas of the City and minimise the visual impact of development on the landscape, particularly when viewed from the Blue Mountains National Park.
(b) To protect the natural bushland buffer zones between towns, to avoid ribbon development and to conserve and enhance the views and vistas of natural bushland obtained from the Great Western Highway and the Great Western Railway, public places, lookouts and areas within the Blue Mountains National Park.
(c) To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for, and harmonise with, the bushland character of the areas.
(d) To provide only for development that utilises and retains the natural bushland on the site as an important feature of the development.
(e) To ensure that development in bushfire prone areas is carried out so that effective bushfire management can be implemented within the property boundaries with appropriate environmental controls.
(f) To encourage landscaping and regeneration of natural bushland in areas with sparse tree or canopy cover.
(a) To ensure that all development including subdivision is environmentally sensitive and site responsive and maintains and facilitates sustainable natural ecosystems and biodiversity within the Blue Mountains.
(b) To utilise best practice water management techniques—
• to protect, and where practicable to improve, existing perennial and non-perennial watercourses and the associated riparian zone, and
• to protect, and where practicable to improve, water quality, and
• to maintain pre-development downstream flow patterns, and
• to promote ecologically sustainable water and land management practices.
(c) To establish an appropriate landscape character by encouraging the preservation, regeneration and re-establishment of native bushland, where practicable.
(d) To ensure that the form and siting of development, and the building materials, colours, and landscaping utilised in that development, are each appropriate for, and harmonise with, the bushland character of the area in which the development is to take place.
(e) To ensure bushfire protection measures are adequate to protect proposed development and are able to be implemented without unacceptable adverse environmental impacts.
(f) To ensure that non-residential land uses are compatible with the residential character of the area in which development is proposed.
(a) To identify land suitable for consideration by the Council for rezoning for future residential development and, in the case of Hawkesbury Road, Winmalee and Mort Street, Katoomba, for a range of urban uses.
(b) To ensure that development within the zone is compatible with, and does not prejudice the anticipated future development of, the land.
(c) To conserve the natural bushland character of the landscape surrounding the existing urban areas of the City.
(d) To ensure that rezoning does not precede a detailed environmental investigation of a contiguous area zoned Residential Investigation shown edged on the Map.
(a) to provide for a range of light industrial land uses, compatible with the environment of the City.
(b) To encourage employment opportunities.
(a) To provide for active recreational requirements of the City.
(b) To ensure that recreational development is environmentally sensitive and site responsive.
(a) To ensure protection of environmentally sensitive land and areas of high scenic value in the City.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(e) To provide for passive recreational activities that are compatible with the land’s environmental characteristics.
(a) To protect environmentally sensitive land and areas of high scenic value in the City from development.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(a) To protect environmentally sensitive land and areas of high scenic value in the City from development.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(e) To provide for the acquisition of this land.
(a) To maintain the spectacular natural environment of the Blue Mountains.
(b) To facilitate the management of the Blue Mountains National Park in accordance with the National Parks and Wildlife Act 1974 and the Blue Mountains National Park Plan of Management.
(a) To enhance and protect the unique natural and scenic environment of the Blue Mountains.
(b) To provide greater opportunities for passive recreation in the Blue Mountains.
(c) To provide for acquisition of this land.
(a) To maintain the bushland landscape as a predominant feature in that part of the Megalong Valley designated Protected Area—Canopy Conservation on the Map, when viewed from public places on the Escarpment.
(b) To maintain the rural and natural landscape of the Megalong Valley by retaining tree cover.
(c) To ensure adequate conservation of tree stands and beneficial ecological associations.
(a) To protect environmentally sensitive land and areas of high scenic value in the City.
(b) To provide a buffer around areas of ecological significance.
(c) To restrict development on land that is inappropriate by reason of its physical characteristics or bushfire risk.
(a) To preserve and enhance the natural environmental and visual significance of the escarpment system of the Blue Mountains.
(b) To limit the presence of buildings and works in the escarpment area and to limit the impact of buildings on the perception of the escarpment as a significant natural feature.
(c) To limit the proportion of hard surfaces in the escarpment area and to provide for the restoration of all degraded areas and their return to a natural habitat.
(a) To ensure the conservation of the natural bushland character of land designated as Land Between Towns on the Map.
(b) To utilise the indigenous bushland as an important feature of development on land designated as Land Between Towns on the Map and to minimise the removal of vegetation on that land.
(c) To minimise traffic generating uses along Classified Roads.
(d) To minimise the visibility of development.
(a) To protect the City’s water supply.
(b) To maintain the quality of the natural environment.
The following zones, zone subscripts and protected areas are used in this plan. They are shown on the Map in a distinctive manner and by the following annotations—
(a) Zones Rural Conservation
RC
Bushland Conservation
BC
Residential Bushland Conservation
RES-BC
Residential Investigation
RES-I
Light Industrial
IND-LT
Recreation
REC
Recreation—Environmental Protection
REC-EP
Environmental Protection
EP
Environmental Protection—Acquisition
EPac
National Park
NP
Regional Open Space
R
(b) Zone Subscripts Density Control Provision shown as lots per hectare
eg (8/ha)
No Subdivision to create additional lots
(NS)
Minimum Area Requirement shown as square metres
eg (2000)
Minimum Area Requirement shown as hectares
eg (1 ha)
Consolidation Requirement
(CONS)
Specific uses
eg (SEWAGE TREATMENT PLANT)
(c) Protected Areas Canopy Conservation
Environmental Constraint Area
Escarpment Area
Land Between Towns
Water Supply Catchment Area
— c —
(d) Roads Proposed Road Closure
Proposed New Alignment
P.N.A.
––––
With the consent of the Council, development for the purposes of any activity, building, place or work specified in the Table may be carried out on land within a zone where “C” is shown in the Table.
Except as permitted by clause 9.1 or by some other specific provision of this plan, the carrying out of development is prohibited.
Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council has considered the objectives of this plan and the objectives of the zone and of any protected area in which the land is situated, and is of the opinion that the carrying out of the development complies with the objectives that are relevant to that development.
Notwithstanding clause 9.1—
(a) Development for the purposes of an arts and crafts gallery, depot, guest house, helicopter landing site, holiday cabin, refreshment room, rural industry or sawmill is prohibited in the Rural Conservation zone at Mount Irvine, Mount Tomah, Mount Wilson, Shipley Plateau and Sun Valley.
(b) Development for the purposes of an electricity substation (not being a pole or padmount substation), gasholder or generating work is prohibited on land within the Recreation, Recreation—Environmental Protection, Environmental Protection, Environmental Protection—Acquisition, National Park or Regional Open Space zone.
(c) Development, except for the purposes of a utility installation or National Park, in the Recreation or Recreation—Environmental Protection zone is permissible only when carried out by the Council.
(d) In the Protected Area—Land Between Towns, development other than for the purposes of a dwelling house, bushfire hazard reduction, drainage works or utility installation (not being a gasholder, generating work or electricity substation, except a pole or padmount substation) is prohibited within 100 metres of, or having direct access to, a Classified Road.
(e) In the Recreation—Environmental Protection, Environmental Protection and Environmental Protection—Acquisition and Regional Open Space zones, the use of land for recreation is limited to use for passive recreation.
(f) Development for the purposes of a communication facility is permissible within the Rural Conservation, Residential Bushland Conservation, Residential Investigation, Recreation and National Park zones only when its use is ancillary or incidental to the use for which the land is otherwise put.
(g) Work by the Council in accordance with Section 14 of the Bush Fires Act 1949 shall not require consent.
(h) Development for any purpose authorised by or under the National Parks and Wildlife Act 1974 is permissible in the National Park zone without the consent of the Council.
(i) Where the maximum permissible number of holiday cabins, calculated in accordance with clause 26.1 (in the case of land within the Rural Conservation zone in Megalong Valley) or clause 26.2 (in the case of other land), have been erected on a holding (in the case of the land in Megalong Valley) or a lot (on other land), any development for the purpose of a bed and breakfast establishment, guest house or education establishment (if the latter includes accommodation), excluding a dwelling house, is prohibited.
(j) Where any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or education establishment is carried out on a holding (in the case of land within the Rural Conservation zone in Megalong Valley) or a lot (in the case of other land), and where that development includes or provides accommodation of, or equivalent to, 60 single beds or more, then development for the purpose of any additional accommodation including holiday cabins, but excluding a dwelling house, is prohibited on the holding concerned (in the case of the land in Megalong Valley) or the lot concerned (in the case of other land).
(k) Where any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or education establishment is carried out on a holding (in the case of land within the Rural Conservation zone in Megalong Valley) or lot (in the case of other land), and where that development includes or provides accommodation of, or equivalent to, 60 single beds or less, then any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or an education establishment (if the latter includes accommodation), but excluding a dwelling house, is restricted so that the total accommodation provided on the holding (in the case of the land in Megalong Valley) or the lot (in the case of other land) must not exceed 60 single beds or equivalent.
In clause 9.4 (i)–(k),
COUNCIL MUST ASSESS EACH DEVELOPMENT APPLICATION ON ITS MERITS. DEVELOPMENT MAY BE RESTRICTED OR NOT PERMITTED, DESPITE THE ZONING, DUE TO PARTICULAR CHARACTERISTICS OF THE SITE.
Table
Development | Zones* | |||||||||
RC | BC | RES-BC | RES-I | IND-LT | REC | REC-EP | EP & EPac | NP | R | |
Advertising Sign | C | C | C | C | C | C | ||||
Agriculture | C | |||||||||
Airport | ||||||||||
Animal establishment | C | C | ||||||||
Aquaculture | C | |||||||||
Arts & crafts gallery | C | C | ||||||||
Bed and breakfast establishment | C | C | C | C | ||||||
Boarding house | ||||||||||
Bushfire hazard reduction | C | C | C | C | C | C | C | C | C | |
Business premises | ||||||||||
Camping site | C | C | ||||||||
Caravan Park | ||||||||||
Child care centre | C | C | C | |||||||
Communications facility | C | C | C | C | C | C | C | |||
Community centre | C | C | C | C | ||||||
Dam | C | C | C | C | ||||||
Depot | C | C | ||||||||
Display garden | C | C | C | C | C | |||||
Drainage works | C | C | C | C | C | C | C | C | C | C |
Dwelling house | C | C | C | C | ||||||
Educational establishment | C | C | C | C | ||||||
Exhibition homes | C | C | C | C | ||||||
Extractive industry | ||||||||||
Forestry | C | |||||||||
General store | C | C | C | C | ||||||
Generating works | C | |||||||||
Guest house | C | C | ||||||||
Hazardous Industry | ||||||||||
Hazardous Storage Establishment | ||||||||||
Helicopter landing site | C | |||||||||
Heliport | ||||||||||
High technology industry | C | C | ||||||||
Holiday cabin | C | C | ||||||||
Home industry | C | C | C | C | ||||||
Hospital | C | |||||||||
Hotel | ||||||||||
Industry | ||||||||||
Institution | C | |||||||||
Intensive agriculture | ||||||||||
Junk yard | ||||||||||
Keeping of hoofed animals | C | C | C | C | C | |||||
Light industry | C | |||||||||
Low intensity agriculture | C | C | C | |||||||
Medical centre | ||||||||||
Mine | C | |||||||||
Motor showroom | C | |||||||||
National Park | C | C | C | C | C | C | C | C | C | C |
Neighbourhood shopping centre | ||||||||||
Offensive industry | ||||||||||
Parking | C | C | C | C | C | C | C | C | ||
Place of public worship | C | C | C | C | C | |||||
Public office | C | |||||||||
Public transport terminal | C | |||||||||
Recreation area | C | C | C | C | C | C | C | C | C | C |
Recreation facility | C | C | C | C | ||||||
Refreshment room | C | C | C | |||||||
Registered club | C | |||||||||
Residential flat building | ||||||||||
Resort | ||||||||||
Retail plant nursery | C | C | C | |||||||
Riding establishment | C | |||||||||
Roads | C | C | C | C | C | C | C | C | C | C |
Roadside stall | C | |||||||||
Rural industry | C | |||||||||
Sawmill | C | |||||||||
Service station | C | |||||||||
Shop | ||||||||||
Stock and sale yard | C | |||||||||
Subdivision | C | C | C | C | C | C | C | C | ||
Tourist accommodation | ||||||||||
Transport depot | C | |||||||||
Utility Installation | C | C | C | C | C | C | C | C | C | C |
Vehicle repair workshop | C | |||||||||
Veterinary establishment | C | C | C | |||||||
Visitor facilities | C | C | C | C | C | C | C | C | C | |
Walking track | C | C | C | C | C | C | C | C | C | C |
Warehouse or distribution centre | C | |||||||||
Wholesale plant nursery | C | C | C |
See also restrictions under clause 9.3.
* Zone descriptions have been abbreviated. The Table as gazetted listed the following Zones—
• Rural Conservation
• Bushland Conservation
• Residential Bushland Conservation
• Residential Investigation
• Light Industrial
• Recreation
• Recreation—Environmental Protection
• Environmental Protection & Environmental Protection—Acquisition
• National Park
• Regional Open Space
Development of minimal environmental impact listed in Schedule 1 to Development Control Plan No 33 as adopted by the Council on 24 August 1999 is
Development listed in Schedule 2 to Development Control Plan No
33 as adopted by the Council on 24 August 1999 is
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 33 as adopted by the Council on 24 August 1999.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 33 adopted by the Council, as in force when the certificate is issued.
Even where the consent of the Council is not required for development, where relevant to development the criteria in Clauses 10 and 11 apply.
(a) The Council shall not consent to development which requires vehicular access unless an all-weather vehicular access road leading up to the boundary of the land on which development is to take place from outside that land is provided to a standard satisfactory to the Council. In order to prevent erosion, no such access road shall be permitted on slopes of 33% or greater.
(b) The Council shall not consent to development which requires an on-site access road unless such a road is designed and constructed to minimise grades, to suit contours, and to be stable, taking into account the characteristics of the site and the locality, and should avoid slopes of 33% or greater.
(c) The Council shall not consent to development for the purposes of any additional vehicular access, or if there is no vehicular access, to more than one vehicular access, to land fronting a Classified Road, nor shall any existing vehicular access be relocated without the consent of the Council.
(a) The Council shall not consent to development for the purposes of a building on land adjoining a Classified Road, unless the setback of the building from the alignment or Proposed New Alignment of the Classified Road is, for a site within the—
Rural Conservation or Bushland Conservation Zone
30 metres
Other Zone
18 metres
Protected Area—Land Between Towns (except dwelling house)
100 metres
(b) Variation The Council may reduce the building setback where it is satisfied that—
(i) the exceptional physical characteristics of the site make it necessary to do so, and
(ii) no traffic hazard, ribbon development or adverse visual impact will, or is likely to, occur.
(a) The Council shall not consent to development for the purposes of a building in the Rural Conservation or Bushland Conservation zone unless it is to be below the skyline when viewed from a public place or unless the Council is satisfied that no alternative location for the building is available on the lot.
(b) The Council shall not consent to development for the purposes of a building unless the building form, its sitting, the colours of the exterior surface of the building, its landscaping and the building materials used are appropriate for the characteristics of the site and the locality, and consistent with any Environmental Design and Management Guidelines for the building or its site.
(c) The Council shall not consent to development unless landscaping is to be retained or provided to the Council’s satisfaction so as to reduce its visual impact, particularly when viewed from a public place. In the Rural Conservation and Bushland Conservation zone where landscaping is to be provided species characteristic of the locality shall be used.
(d) The Council shall not consent to development on land adjacent to land within the Regional Open Space zone, unless it has had particular regard to the impact of that development on the aesthetic, historical, natural and scientific attributes of the land within the Regional Open Space zone.
(a) The Council shall not consent to development unless the development—
(i) incorporates measures specified in accordance with any Development Control Plan that shows requirements for erosion and sedimentation control, and
(ii) avoids unnecessary clearing of indigenous plants, and
(iii) minimises site disturbance and soil erosion, and
(iv) where the development is for the purposes of a dwelling, minimises “cut” or “fill” or both as far as is practical and contains such “cut” or “fill” or both within the dwelling where conditions allow, and
(v) incorporates best practice water management techniques to protect the surface and groundwater regimes and water quality for the site.
(b) Where land on which development is proposed has been cleared, the Council shall not consent to development unless it is to take place as far as is practicable within the cleared area.
(c) The Council shall not consent to subdivision, unless the bushfire protection measures required to protect the land to be subdivided are contained within a perimeter road or the boundaries of the property to be subdivided, and do not have any adverse environmental impact on any water supply catchment area or any development excluded land.
(ca) The Council shall not consent to development, other than subdivision, unless the development—
(i) incorporates effective measures, within the boundaries of the lot concerned, and satisfactory to the Council, to protect the development from bushfire, and
(ii) mitigates the adverse environmental impacts of those measures to the maximum extent practicable.
(d) (Repealed)
(da) The Council shall not consent to development for the purpose of a dwelling house, or to development ordinarily incidental and ancillary to a dwelling house, on any lot created otherwise than in accordance with clause 34.1 (c), unless the development incorporates effective measures, satisfactory to the Council, to ensure that the development has no significant adverse environmental impact on—
(i) any environmentally sensitive vegetation unit (as listed in Schedule 3), and
(ii) any rare or threatened species of flora or fauna or its habitat and any unusual plant community, and
(iii) the hydrological aspect of the locality, and
(iv) any lake, lagoon, or perennial or non-perennial watercourse, and
(v) any significant natural feature, including rock outcrops, rock ledges and cliffs.
(db) The Council shall not consent to development, other than development referred to in clause 10.5 (da), on any lot created otherwise than in accordance with clause 34.1 (c), unless the development incorporates effective measures, satisfactory to the Council, to ensure that the development has no adverse environmental impact on any development excluded land.
(dc) The Council shall not consent to any development (excluding a work for the purpose of providing public utility services), proposed to take place either wholly or partly on development excluded land—
(i) located within any lot created in accordance with clause 34.1 (c), and
(ii) identified when the Council granted consent to the subdivision by which the lot concerned was created,
unless the Council is satisfied, by means of a detailed environmental assessment, that the development has no adverse environmental impact on the development excluded land concerned.
(e) Land which is steeper than 33% (1 in 3) shall for the purpose of this Plan be deemed to be a Protected Area—Environmental Constraint Area.
(f) The Council shall, when considering an application to carry out development on land in the Residential Bushland Conservation zone which is adjacent to land within the National Park zone, make an assessment of the impact of that development on the aesthetic, historical, natural, scenic and scientific attributes of the land within the National Park zone.
(a) The Council shall not consent to development for the purpose of a building which exceeds two storeys.
(b) The Council shall not consent to development for the purpose of a building which exceeds 8 metres in height above natural ground level at any point measured to the highest point of the roof.
(c) The Council shall not consent to development for the purpose of a building the maximum height of which, when measured at the eaves, gutter line or any equivalent building element to a point on the natural ground level immediately below, exceeds 6.5 metres.
The Council shall not grant consent to any development unless it has made an assessment of the impact of the proposed development on—
(a) the heritage significance of the site, and
(b) the heritage significance of any site in the immediate locality which, in the opinion of the Council, may be affected.
(a) The Council shall not consent to development unless it is satisfied that adequate arrangements can be made for drainage, the provision of power supply, water supply or water storage, and the disposal of effluent. The Council shall take account of the requirements of the Water Board where the area is serviced by the Board.
(b) The Council shall not consent to subdivision of land to create additional lots in the Rural Conservation, Bushland Conservation or Residential Bushland Conservation zone unless it is in accordance with any Development Control Plan which incorporates strategies for social infrastructure and for the use of existing community facilities and services in the locality.
(c) Clauses 10.8 (d), (e), (f), (g) and (h) do not apply to land within a Protected Area—Water Supply Catchment Area.
(d) Where a development application is for consent to—
(i) subdivision, or
(ii) other development which the Council has been required by the Water Board to refer to the Board,
the Council shall—
(iii) where on-site disposal of effluent is proposed, require the applicant to furnish a geotechnical and water balance report to establish that the land is capable of such disposal, and
(iv) include in any development consent a provision which requires that satisfactory arrangements be made with the Water Board for the provision of water and sewerage facilities.
(e) The Council shall not consent to the subdivision of land to create additional lots or to the carrying out of development the Council considers is significant in the Residential Bushland Conservation zone unless—
(i) each of the lots to be created which will require effluent disposal or the site on which the development will be carried out is to be serviced by a reticulated sewerage system, and
(ii) the Water Board has previously provided certification to the Council that the sewage treatment plant serving the area concerned has the capacity to accommodate the additional development.
(f) The Council shall not consent to any development that requires effluent disposal, unless—
(i) the development is to be connected to a reticulated sewerage system, or
(ii) the Council is satisfied by means of a geotechnical and water balance report that the effluent may be effectively disposed of on that part of the site on which the development is permissible.
This paragraph does not apply to subdivision of land in the Residential Bushland Conservation zone.
(g) The Council may grant development consent for the erection of a dwelling house served by an effluent pump out system on a lot existing at the appointed day where the sewer is not available. This provision does not extend to dual occupancy.
(h) For the purpose of this clause,
geotechnical and water balance report means a report which contains sufficient technical data to meet the requirements specified in any Development Control Plan that shows guidelines for the disposal of waste waters by land application, that includes consideration of—(i) the waste water treatment system, and
(ii) site selection criteria,
and that demonstrates that the development site is capable of the disposal of effluent without adversely affecting bushland, watercourses, ground water, adjacent land, or environmentally sensitive areas.
(a) The Council shall not consent to development (other than development for the purpose of agriculture in the Megalong Valley) on any land zoned Rural Conservation, Bushland Conservation, Residential Bushland Conservation or Residential Investigation, if the total building site cover resulting from carrying out the development, including any part of the site covered by buildings ancillary to a main building (such as tennis courts, swimming pools, sheds and the like) exceeds the total building site cover specified in the following Table—
Table
Notional development area of the Lot
Total Building Site Cover
Less than 1,000 m
2 160 m
2 or 40% of the notional development area, up to a maximum of 300 m2 , whichever is the greater1,000 m
2 or more but less than 2,000 m2 300 m
2 plus 10% of any amount by which the notional development area exceeds 1,000 m2 2,000 m
2 or more400 m
2 plus 5% of any amount by which the notional development area exceeds 2,000 m2 , up to a maximum total building site cover of 2,500 m2 (b) Certain development on any lot consisting of or including land having an area of more than 4,000 m
2 zoned Bushland Conservation, Residential Bushland Conservation or Residential Investigation must take place within a Principal Development Area, as required by clause 30 and the Table to that clause.
(a) The storage, sale or display of goods is prohibited—
(i) except at or from roadside stalls, between a road alignment and the principal building on a lot, or
(ii) on or in a road, or
(iii) except at or from roadside stalls, on a lot with frontage to a road where there is no building on that lot or where the building is only of a minor character.
(b) On a Classified Road, the storage, sale or display of goods is prohibited—
(i) between a road alignment and the principal building on a lot, or
(ii) on or in the road, or
(iii) on a lot with frontage to the road where there is no building on that lot or where the building is only of a minor character.
(a) Where it appears to the Council that it is expedient for the purpose of securing amenity, of preserving existing amenity or of protecting the natural environment, it may, for that purpose and by resolution, make an order (a
tree preservation order ) and may, by like resolution, rescind or vary any such order.(b) A tree preservation order may prohibit the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removing, placement of soil within the root zone, injuring or wilful destruction of any tree or trees specified in the order except with the consent of the Council and any such consent may be given subject to such conditions as the Council thinks fit.
(c) A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the local government area of the City of Blue Mountains or any divisions of the area.
(d) The Council must, as soon as practicable after the making of a tree preservation order, cause notice of the making of the order to be published in the Gazette and in a newspaper circulating in the locality in which the land described in the order is situated.
(e) A person who contravenes or causes or permits to be contravened a tree preservation order after it has been published in the Gazette is guilty of an offence.
(f) It is a sufficient defence to proceedings under this clause relating to the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removal, placement of soil within the root zone, injury or wilful destruction of a tree to prove—
(i) that the tree was dead and that tree was not a “likely habitat tree” within the meaning of this clause, or
(ii) that the tree posed an imminent danger to property or life, or
(iii) that taking the action was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree was situated.
(g) For the purposes of this clause,
likely habitat tree means any tree naturally occurring (being native vegetation or remnant native vegetation) which has developed hollows in the trunks or limbs, and which is suitable for nesting birds, arboreal marsupials (such as possums) or native placental mammals (such as bats) or which is supporting the growth of locally indigenous or endemic epiphytic plants (such as orchids).
In addition to the provisions of Clause 10, the following criteria apply in the “Protected Areas” designated on the Map.
The Council shall not consent to any development involving the clearing of trees in an area designated as Protected Area—Canopy Conservation, unless it is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the visual and ecological effects of the proposed clearing will not compromise the objectives for the Canopy Conservation Protected Area.
The Council shall not consent to development in a Protected Area—Environmental Constraint Area, unless it is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives of the Protected Area that are relevant to the development and will comply with the development criteria in clause 10 that are relevant to the development.
(a) The Council shall not consent to any development involving the clearing of vegetation in an area designated as Protected Area—Escarpment Area, unless it is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the visual and ecological effects of the proposed clearing will not compromise the Protected Area—Escarpment Area objectives.
(b) No building, other than of single storey construction, shall be erected in a Protected Area—Escarpment Area if it protrudes above the vegetation canopy of the immediate locality, or the height of adjacent buildings.
(a) In Protected Area—Land Between Towns, development is prohibited it is screened from view from any public place to the satisfaction of the Council by the retention of existing vegetation or by planting indigenous vegetation.
(b) Subdivision of land fronting a Classified Road is prohibited unless all of the proposed lots have a single point of vehicular access to the Classified Road, whether such access is by way of a public road or otherwise.
(a) Any development consent must include a provision which requires that satisfactory arrangements be made with the Water Board for the provision of water and sewerage facilities.
(b) Within a Protected Area—Water Supply Catchment Area, the Council shall not consent to any development that requires effluent disposal unless the development is to be connected to a reticulated sewerage system.
(c) The Council may grant development consent for the erection of a dwelling house served by an effluent pump out system on a lot that existed at the appointed day where the sewer is not available. This provision does not extend to dual occupancy.
The owner of any land within the Environmental Protection—Acquisition zone may by notice in writing require the Council to acquire that land. On receipt of any such notice the Council shall acquire the land to which the notice relates.
Notwithstanding the provisions of Clause 9, the Council may grant development consent for the erection or use of a directional sign by the Council, only if the sign advertises solely for the purpose of directing the public to tourist facilities, places of scientific, historic or scenic interest or to commercial and industrial areas.
(a) The Council may grant development consent for the erection or use of an advertising sign only—
(i) where the sign relates to the purpose for which the premises on the land are, or are to be, used, or
(ii) where the sign relates to the services available from the premises on the land.
(b) A sign erected in accordance with Clause 13.2 (a) shall have an area no greater than 0.7 square metres, and shall—
(i) where it is on a building, not be located above the parapet or eaves-level of the building, or
(ii) where it is not a building, not be higher than 5 metres above natural ground level.
Development consent is not required for one sign no larger than 0.3 square metres relating to a home industry or home business provided that the sign only contains information relating to one or more of the following—
(a) the use carried out on the land,
(b) the name of the person or business carrying on that use,
(c) particulars of the services available and/or any affiliation with any trade or other association.
Development consent is not required for an advertising sign not exceeding 0.3 square metres for the sale or lease of the land on which the sign is erected.
Notwithstanding the other provisions of this clause, the Council may grant development consent for a period not exceeding one month to an advertising sign to be erected—
(a) for community or charitable purposes, or
(b) advertising the sale by public auction of the land on which the sign is erected.
(Repealed)
Development which is ancillary or incidental to a purpose for which land may be used with consent, is prohibited unless there is a current consent to use the land for that purpose, or the land is lawfully used for that purpose.
In the Residential Bushland Conservation zone, the owner of a bed and breakfast establishment must be a permanent resident of the dwelling house.
Short-term paid accommodation provided at a bed and breakfast establishment shall be for no more than six visitors at any one time.
A dwelling house in the Residential Bushland Conservation zone must not be used as a bed and breakfast establishment unless it is connected to a reticulated sewerage system. A dwelling house in the Rural Conservation zone or the Bushland Conservation zone must not be used as a bed and breakfast establishment unless it is connected to a reticulated sewerage system or is on a lot having an area of at least 1 hectare.
Bushrock shall not be removed from the land unless from a site of a work for which consent of the Council has been granted.
Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit—
(a) the carrying out of development of any description specified in this Clause, or
(b) the use of existing buildings of the Crown by the Crown.
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of—
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any railway purpose,
but excluding—
(c) the construction of new railways, railway stations and bridges over roads,
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration so as materially to affect the design thereof of railway stations or bridges,
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purposes of their undertakings, that is to say—
(a) development of any description at or below the surface of the ground,
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in process of being acquired for the purposes thereof before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or
(f) any other development, except—
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect the design or external appearance thereof, of buildings, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except—
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except—
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b) the formation or alteration of any means of access to a road.
The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except—
(a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings so as materially to affect the design or external appearance thereof, or
(b) the formation or alteration of any means of access to a road.
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any Classified Road, except the widening, realignment or relocation of such road.
The erection of any sign required in connection with the movement of traffic by road.
The carrying out of any forestry work by the Forestry Commission, a School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except—
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or purposes thereof, or
(b) any development designed to change the use or purpose of any such reserve.
(Repealed)
Schedule 4 has effect.
A person may, with the consent of the Council, extend development onto land on which that development would, in the absence of this clause, be prohibited provided that—
(a) the development is permissible on the land from which it is extended,
(b) the development is carried out within 20 m of the zone boundary, and
(c) the Council is satisfied that the objectives of the zone within which the development would otherwise be prohibited are not prejudiced.
(a) Where a dwelling house is permissible under the Plan, no more than one dwelling house may be erected on a lot.
(b) A person may, with the consent of the Council, erect a second dwelling house on a lot where a dwelling house already exists, provided that the new dwelling house is intended to wholly replace the existing dwelling house.
A person may, with the consent of the Council, use a dwelling house as an exhibition home for up to 6 months, but only where the land on which the dwelling house is erected does not have frontage to, and is not within 50 metres of, a Classified Road, and is not located in a cul-de-sac.
(Repealed)
The Council shall not grant consent to a general store on land within 2 kilometres by the shortest practicable route by road (or within 1 kilometre by the shortest practicable route by road when the use of such a route involves crossing the Great Western Highway) of any site being lawfully used for a general store or a shopping centre, or where Council consent for such a use of a site within that distance is still in force.
A person shall not, without the consent of the Council, in respect of a building, work, relic, place or tree that is a heritage item—
(a) demolish or alter the building or work, or
(b) damage or move the relic, or excavate for the purpose of exposing or moving the relic, or
(c) damage or despoil the place or tree, or
(d) damage or remove any tree or horticultural features on the land on which the building, work, or relic is situated or on the land which comprises the place.
A person shall not, without the consent of the Council, in respect of a Heritage Conservation Area—
(a) demolish or alter a building or work within the area, or
(b) damage or move a relic, or excavate for the purpose of exposing or moving a relic, within the area, or
(c) damage or despoil a place, tree or other horticultural feature within the area.
The Council shall not grant consent to a development application in respect of—
(a) a heritage item, or
(b) development likely to affect a heritage item, or
(c) development in a Heritage Conservation Area,
unless it has assessed the effect that the development would have on the heritage significance of the heritage item or Heritage Conservation Area.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(Repealed)
The Council may grant consent to development, other than subdivision, for any purpose, of a building that is a heritage item or is within a Heritage Conservation Area, or of the land on which the building is erected, even though development for that purpose would otherwise be prohibited by this plan, if it is satisfied that—
(a) the proposed development would not adversely affect—
• the heritage significance of the building or any Heritage Conservation Area within which the building is situated, or
• the amenity of any Heritage Conservation Area within which the building is situated, or
• the heritage significance and amenity of the surrounding neighbourhood, and
(b) when the building is a heritage item—
• the heritage item will be most appropriately conserved if used for the proposed development, and
• a conservation plan, prepared for the heritage item, supports the proposed development.
In this clause—
On land within the Megalong Valley within the Rural Conservation zone—
(a) the erection of a holiday cabin is prohibited where the number of cabins after its erection would exceed a density of one cabin per 10 hectares of notional development area, and
(b) the number of cabins on a holding must not exceed 10, and
(c) if there are two or more holiday cabins on a lot, all the holiday cabins shall have a common access from a public road.
On other land—
(a) the erection of a holiday cabin is prohibited where the number of cabins would exceed a density of one cabin per hectare of notional development area, and
(b) the number of cabins on a lot must not exceed 10, and
(c) if there are two or more holiday cabins on a lot, all the holiday cabins shall have a common access from a public road.
In this clause,
A home business shall not require the consent of the Council and nothing in this plan shall be constructed as restricting or prohibiting or enabling the Council to restrict or prohibit home business.
This clause applies to land in the Blue Mountains Ridge, as shown on Sheet 1 of the Map, except for Shipley Plateau and Sun Valley.
The Council shall not grant consent to the use of land for the keeping of hoofed animals, unless the development incorporates effective measures, satisfactory to the Council, to ensure that the development has no adverse environmental impact on any development excluded land.
Consent of the Council is not required for the use of land for the keeping of hoofed animals where the stocking rate is less than 1 such animal per 5 hectares of notional development area.
The Council shall not consent to the use of land for the keeping of hoofed animals on a lot with an area of 1 hectare of less unless that lot was in existence at the appointed day, or was a lot created after the appointed day as a result of a boundary adjustment or a consolidation of more than one lot.
Where a Minimum Area Requirement is specified on the Map for any land, the Council shall not consent to development (other than for the purpose of bushfire hazard reduction) on a lot of that land unless the lot contains land within the Bushland Conservation zone or Residential Bushland Conservation zone equal to or greater than the Minimum Area Requirement.
Where a Consolidation Requirement is shown on the Map, development (other than an existing use or for the purpose of bushfire hazard reduction) is prohibited unless all adjoining lots with this subscript which are shown edged with a heavy black line on the Map have been consolidated into one lot.
This clause applies to any lot consisting of or including land having an area of more than 4,000 m
No development shall take place on a lot to which this clause applies unless—
(a) in the case of a lot created in accordance with clause 34.1 (c), the development takes place within a Principal Development Area, except where that development is—
(i) subdivision or development ancillary to subdivision, or
(ii) for the purpose of providing access or public utility services,
(b) in the case of a lot created otherwise than in accordance with clause 34.1 (c), the development takes place in a Principal Development Area, except where that development is—
(i) for the purpose of bushfire hazard reduction, or
(ii) ancillary or incidental to a dwelling house which was in existence at 27 December 1991, but only if any clearing of vegetation that is involved is not located on any development excluded land and is carried out on an area of less than 50 m
2 , and the total area cleared outside the Principal Development Area does not involve more than 5% of the notional development area of the lot, or(iii) for the purpose of providing access or public utility services, or
(iv) subdivision or development ancillary to subdivision.
A Principal Development Area shall—
(a) have a maximum total area, to be determined with regard to the notional development area of the lot, as specified in the Table to this clause, and
(b) subject to clause 30.4, not include any development excluded land, and
(c) have boundary setbacks of at least 15 metres, where the width of the lot at the building line is 50 metres or more, or boundary setbacks of least 10 metres, where the width of the lot at the building line is less than 50 metres, and
(d) be located to the Council’s satisfaction.
Table
Notional development area of the Lot | Maximum Total Area of Principal Development Area (applies to land described in clause 30.1) |
Less than 2,000 m | 750 m |
2,000 m | 2,000 m |
Clause 30.3 (b) shall not apply to a Principal Development Area within any lot where the part of the lot that is not development excluded land, and that is so configured as to be capable of being the site of a dwelling house, and of accommodating development ordinarily ancillary or incidental to a dwelling house, has a total area of less than 750 m
The Council shall not consent to development on a lot to which this clause applies unless it is or will be screened from view from outside the lot either by—
(a) the retention of existing vegetation, within the lot, or
(b) the planting of indigenous vegetation within the lot which will achieve such screening within a time frame considered by the Council to be reasonable.
The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to, and in respect of, development for the purposes of the following in the same way as those provisions apply to, and in respect of, designated development—
• Child care centre
• Educational establishment
• Home industry
• Hospital
• Place of public worship
• Recreation facility
• Registered club
and those provisions so apply to and in respect of the demolition of a heritage item or of a building, work, relic or place within a Heritage Conservation Area, unless the demolition is partial and in the opinion of the Council will be of a minor nature and will not adversely affect the heritage significance of the heritage item or Heritage Conservation Area.
In this clause—
The Council shall not consent to the carrying out of development on land zoned Regional Open Space unless, in addition to those matters listed in Clauses 10 and 11 that are of relevance, it has made an assessment of—
(a) the extent to which the land will be disturbed or modified by works and vehicular access associated with the development,
(b) the extend to which the land has been previously disturbed or modified with particular regard to—
(i) weed infestation,
(ii) drainage,
(iii) clearing, and
(iv) construction,
(c) the adequacy of measures to safeguard and rehabilitate the environment,
(d) the feasibility of situating the development away from ridge tops or escarpment edges,
(e) an alternative site for the development,
(f) an alternative method of carrying out the development,
(g) measures proposed for the proper disposal of effluent, and
(h) land capability and soil erosion hazard.
Except as provided by clause 32.4, the Council shall not grant consent to a development application to erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purposes for which the land is zoned.
A person shall not carry out any development upon land zoned Regional Open Space so as to render it unfit for the purpose for which it is zoned.
Where it appears to the Council that the purpose for which land is zoned Regional Open Space cannot be carried into effect within a reasonable time after the land first became so zoned the owner of the land may, with the consent of the Council, carry out development on that land for a different purpose.
(a) The owner of any land within the Regional Open Space zone may, by notice in writing, require the corporation to acquire that land.
(b) Upon receipt of the notice, the corporation shall acquire the land to which the notice relates.
With the consent of the Council a person may carry out development on a road for any purpose for which development may be carried out on land which is contiguous and adjacent to the road.
Where a specific use is shown on the Map by overlaid lettering, that use is permissible with the consent of the Council.
(a) The Density Control Provision shown on the Map specifies the maximum number of lots per hectare into which land may be subdivided with the consent of the Council.
(b) The Council may consent to subdivision of any land covered by a Density Control Provision shown on the Map only if the total number of lots (other than lots for a public purpose) existing after the subdivision will not exceed the product of the notional development area of the original lot, in hectares, multiplied by the maximum number of lots per hectare specified in the Density Control Provision in respect of the original lot, rounded down to the nearest whole number.
(c) The Council may consent to subdivision of any land that is zoned Bushland Conservation or Residential Bushland Conservation only if each new lot proposed to be created, (other than lots for a public purpose, and other than lots created as part of a cluster housing development), and intended to be the site of a dwelling house, includes land with a minimum area of 750 m
2 , no part of which is development excluded land, and which is so configured as to be capable of being the site of a dwelling house and accommodating development ordinarily incidental and ancillary to a dwelling house.(d) The Council may consent to subdivision of any land for the purpose of cluster housing development only if it is satisfied that—
(i) all development for the purpose of any dwelling house proposed to be erected as part of the cluster housing development, and
(ii) all development ordinarily incidental and ancillary to a dwelling house,
is not to be located on any development excluded land.
(a) The Council may only consent to the subdivision of land in the Rural Conservation Zone if—
(i) it is for a boundary adjustment where no additional lots are created, or
(ii) in Mt Irvine, Mt Tomah, Mt Wilson and Berambing, it is for the purpose of creating an additional lot from an original lot, (provided that the original lot has an area of at least 20 hectares), or
(iii) it is for the purpose of providing land for public purposes.
(b) In any subdivision permitted under clause 34.2 (a) (i) or (ii), each lot in the Rural Conservation Zone created by the subdivision shall have a minimum area of—
(i) 1 hectare for land in Mt Irvine, Mt Tomah, Mt Wilson, Berambing and Megalong Valley, or
(ii) 5,000 m
2 elsewhere.
(a) Where a Density Control Provision is shown on the Map, subdivision of the land, in accordance with clause 34.1, to a density exceeding that shown is prohibited. Each resulting lot shall have an area of at least 5,000 m
2 zoned Bushland Conservation that includes a Principal Development Area.(b) The Council may only consent to subdivision of land shown BC (NS), BC (CONS) or BC with a Minimum Area Requirement on the map if—
(i) it is for a boundary adjustment where no additional lots are created and each resulting lot has an area of at least 5,000 m
2 zoned Bushland Conservation that includes a Principal Development Area, or(ii) it is for the purpose of providing land for public purposes.
(a) Where a Density Control Provision is shown on the Map, subdivision of the land, in accordance with clause 34.1, to a density exceeding that shown is prohibited.
(b) For the purposes only of clause 34.1, the notional development area of that part of a lot zoned RES-BC and subject to a Density Control Provision of (8/ha) shown on the Map shall not include any land which is steeper than 20%.
(c) The Council may only consent to subdivision of land shown RES-BC (NS), RES-BC (CONS) or RES-BC with a Minimum Area Requirement on the Map if—
(i) it is for a boundary adjustment where no additional lots are created, or
(ii) it is for the purpose of providing land for public purposes.
The Council may only consent to subdivision of land shown RES-I on the Map if—
(a) it is for a boundary adjustment where no additional lots are created, or
(b) it is for the purpose of providing land for public purposes.
The Council may consent to subdivision of land within the Light Industrial zone only if all lots are connected to a reticulated sewer.
The Council shall not consent to subdivision of land within the Recreation zone unless the only purpose of the subdivision is to provide land for public purposes.
The Council shall not consent to subdivision of land within the Recreation—Environmental Protection zone unless the only purpose of the subdivision is to provide land for public purposes.
The Council shall not consent to subdivision where any lot created consists entirely of land within the Environmental Protection zone unless the only purpose of the subdivision is to provide land for public purposes.
The Council shall not consent to subdivision of land within the Environmental Protection—Acquisition zone unless the only purpose of the subdivision is to provide land for public purposes.
The Council shall not consent to the subdivision of land within the Regional Open Space zone unless the subdivision is for the purpose of boundary adjustment.
The Council shall consent to a subdivision of land affected by a Proposed New Alignment only where the land between the Classified Road and the Proposed New Alignment does not form part of any lot other than a lot consisting entirely of land affected by the Proposed New Alignment.
This clause does not apply to land in the Escarpment Area or Land Between Towns. Notwithstanding any other clause of this plan, the Council may consent to the subdivision of land within more than one zone if—
(a) part of the land is zoned Rural Conservation or Bushland Conservation (No Subdivision) or Residential Bushland Conservation (No Subdivision) or Residential Investigation, and
(b) the remainder of the land is within any one or more of the other zones referred to in paragraph (a), whether or not the remainder also contains some land zoned Environmental Protection, and
(c) as a result of the subdivision, at least one part of the land within a particular zone referred to in paragraph (a) will be wholly contained within one of the lots created by the subdivision, whether or not that lot also contains some land zoned Environmental Protection.
The Council may grant consent to the carrying out, for a maximum period of 28 days, whether consecutive or not, in any twelve month period, of development for any purpose otherwise prohibited in a zone, but only if the Council imposes a condition on the grant of consent prohibiting the making of permanent changes to the land or buildings on the land.
The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
Land described in Part 1 of Schedule 6—
(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.
Land described in Columns 1 and 2 of Part 2 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Part 2 of Schedule 6.
In this clause,
Before the relevant amending plan inserted the description of land into Part 2 of Schedule 6, the Governor approved of subclause (3) applying to the land.
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone: Rural Conservation (RC), Zone: Bushland Conservation (BC), Zone: Residential Bushland Conservation (RES-BC), Zone: Residential Investigation (RES-I), Zone: Recreation—Environmental Protection (REC-EP), Zone: Environmental Protection (EP) or Zone: Environmental Protection—Acquisition (EPac) if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Land in Zone: Rural Conservation (RC) includes land in Berambing, Mount Irvine, Mount Wilson, Mount Tomah, Shipley Plateau, Sun Valley and Megalong Valley.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause—
The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.
The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
In this clause—
The objectives of this clause are as follows—
(a) to minimise the flood risk to life and property associated with the use of land,
(b) to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c) to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d) to enable the safe occupation and efficient evacuation of people in the event of a flood.
Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a) is compatible with the flood function and behaviour on the land, and
(b) will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c) will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d) incorporates appropriate measures to manage risk to life in the event of a flood, and
(a) cultivation for fruit, vegetables, flower crops or pastures, or
(b) keeping or breeding of livestock or poultry, or
(c) aquaculture,
for commercial purposes.
(a) the concentration of the development on land within the development site that is most suited to development, and
(b) the subdivision of land into five or more lots, and
(c) the erection of a dwelling house on each lot (other than on any neighbourhood or common property lot or lots), and
(d) at a minimum, the consolidation of the major part of the development excluded land within a neighbourhood or a common property lot, and
(e) the implementation of management measures approved by the Council, to create and maintain fire protection zones, and to protect and enhance the environmental value of the development excluded land referred to in paragraph (d) and any other natural areas within the development site,
that is subject to a scheme for joint ownership or a neighbourhood or a strata scheme.
(a) that is land zoned Environmental Protection, or
(b) that is designated on the Map as Protected Area—Environmental Constraint Area, together with any buffers required by the Council to protect such area, or
(c) on which any Schedule 3 environmentally sensitive vegetation unit is located, together with any buffers required to protect that unit, or
(d) that is the habitat of any threatened species, populations or ecological communities within the meaning of the Threatened Species Conservation Act 1995, the development of which would have a significant effect on the threatened species populations or ecological communities as determined in accordance with section 5A of the Act, or
(e) on which any rare species of flora is located, together with any buffers required by the Council to protect that flora, or
(f) that comprises a watercourse or any buffers required by the Council to protect that watercourse, or
(g) that has a slope in excess of 20%, or
(h) comprising any significant landscape or special feature, such as rock outcrops and escarpments, which in the opinion of the Council is worthy of preservation.
Land that would otherwise be development excluded land because it is steeper than a nominated slope, but is—
(a) less than 100 square metres in area, and
(b) is not within 20 metres of other land steeper than the nominated slope,
is taken not to be development excluded land, on the basis only of its slope.
(a) the erection of structures or the carrying out of any works other than for the purpose of providing public utility services, and
(b) the clearing of native vegetation, and
(c) the provision of access, car-parking and hard-stand areas, and such measures, including the provision or use of stormwater control devices, sewage disposal areas, and the clearing of vegetation for fire protection zones, as are necessary in order to meet the requirements of clause 10.5,
but only where that development relates to the construction or the use of the dwelling house concerned.
(a) the winning of extractive material, or
(b) an industry or undertaking not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) to human health, life or property, or
(b) to the biophysical environment.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Blue Mountains Local Environmental Plan 1991 (Amendment No 2) Sheets 4, 6, 10, 17 and 19
• Blue Mountains Local Environmental Plan 1991 (Amendment No 3)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 4)
• Blue Mountains Local environmental Plan 1991 (Amendment No 5)
(a) the registration of the building, dwelling house or dwelling under the Factories, Shops and Industries Act 1962, or
(b) the employment of more than one person other than such residents, or
(c) the interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or
(d) the display of goods, whether in a window or otherwise, or
(e) except where the building is a dwelling house or other dwelling, the use of a building exceeding 50 square metres in area.
(a) the employment of more than one person other than such residents, or
(b) except where the building is a dwelling house or other dwelling, the use of a building exceeding 50 square metres in area, or
(c) interference with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or
(d) the exposure to view from any adjacent premises, or from any public place, of any unsightly matter, or
(e) the provision of any essential service main of a greater capacity than that available in the locality.
(a) a building used wholly or principally as a house or other establishment for persons developmentally or psychiatrically disabled, or
(b) a hospital caring for persons developmentally or psychiatrically disabled, or
(c) a penal or reformative establishment.
(a) the cultivation of an area not exceeding 2,500 m
2 of any lot for fruit, vegetables or flower crops, or(b) the keeping of bees,
for commercial purposes, where there is no direct sale of produce to the public.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Blue Mountains Local Environmental Plan 1991 (Amendment No 2) Sheets 1–23
• Blue Mountains Local Environmental Plan 1991 (Amendment No 3)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 4)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 5)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 8)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 11)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 15)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 19)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 28)
• Blue Mountains Local Environmental Plan 1991 (Amendment No 33)
(a) the sale by retail and installation of spare parts and accessories for motor vehicles, and
(b) washing and greasing of motor vehicles, and
(c) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration), and
(d) a refreshment room, and
(e) the retail sale of other goods within an ancillary area having a floor space up to 100 m
2 .
(a) a floor of a building used exclusively for the purpose of car-parking, storage, laundry facilities or a similar purpose, or for any combination of such purposes, where the ceiling level of that floor is not more than 1 metre above finished ground level at any point, or
(b) space within a roof void.
(a) a defined bed or defined banks, or
(b) endemic riparian vegetation within or adjacent to the stream edge or banks which may provide habitat for aquatic or terrestrial animals, or
(c) evidence of natural stream processes such as siltation, erosion, gullying, pool and riffle zones,
and which conveys continuous or intermittent water flows, but does not include a piped drainage line.
In this plan—
(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and
(b) a reference to a map is a reference to a map deposited in the office of the Council, and
(c) a reference to land within a zone is a reference to land within a zone described in Clause 8 and identified on the map in the manner indicated in that clause, and
(d) a reference to land within a Protected Area is a reference to land within a Protected Area described in clause 8 and identified on the Map in the manner indicated in that clause.
Notes included in this plan do not form part of this plan.
(Repealed)
Blue Mountains Local Environmental Plan No 4 is amended—
(a) by inserting at the end of clause 3 the following sub-clause—
This plan does not apply to the land to which Blue Mountains Local Environmental Plan 1991 applies.
(b) by omitting clause 58 of Blue Mountains Local Environmental Plan No 4 and by inserting instead the following clauses—
58 Heritage conservation (1) The aims and objectives of this clause are to identify and protect the Blue Mountains’ natural and cultural heritage.
(2) In this clause—
alter , in relation to a heritage item or to a building or work within a Heritage Conservation Area, means change the inside or outside of the heritage item, building or work, but does not include changes that maintain the existing detail, fabric, finish or appearance outside of the heritage item, building or work.bed and breakfast means the provision of accommodation and meals for commercial purposes within a dwelling house specified in Schedule 2 to Blue Mountains Local Environmental Plan 1991 situated on land to which this plan applies—(a) by the permanent residents of the dwelling house, and
(b) on a short term basis,
where the total occupancy of the dwelling house, including the permanent residents, does not exceed 10, but does not include the provision of accommodation and meals within a refreshment room.
For the purpose of this definition,
dwelling house includes ancillary buildings, forming part of the main building group, existing at the appointed day and any alterations to such buildings, provided the site coverage, size and bulk of the building is not increased.demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.Heritage Conservation Area means land to which this plan applies that consists of, or is included in, an area identified as such on the Map and in Schedule 2 to Blue Mountains Local Environmental Plan 1991.heritage item means a building, work, relic, tree or place of heritage significance situated on land to which this plan applies and identified in Schedule 2 to Blue Mountains Local Environmental Plan 1991.heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.Map has the same meaning as in Blue Mountains Local Environmental Plan 1991.relic means any deposit, object or material evidence which is over 50 years old relating to settlement.(3) A person shall not, without the consent of the Council, in respect of a building, work, relic, place or tree that is a heritage item—
(a) demolish or alter the building or work, or
(b) damage or move the relic, or excavate for the purpose of exposing or moving the relic, or
(c) damage or despoil the place or tree, or
(d) damage or remove any tree or horticultural feature on the land on which the building, work or relic is situated or on the land which comprises the place.
(4) A person shall not, without the consent of the Council, in respect of a Heritage Conservation Area—
(a) demolish or alter a building or work within the area, or
(b) damage or move a relic, or excavate for the purpose of exposing or moving a relic, within the area, or
(c) damage or despoil a place, tree or other horticultural feature within the area.
(5) The Council shall not grant consent to a development application in respect of—
(a) a heritage item, or
(b) development likely to affect a heritage item, or
(c) development in a Heritage Conservation Area,
unless it has assessed the effect that the development would have on the heritage significance of the heritage item or Heritage Conservation Area.
(6) The Council shall refer any development application for the demolition of a heritage item or a building, work, relic or place in a Heritage Conservation Area to the Heritage Council and shall have regard to any written views of the Heritage Council received by the Council within 28 days of the referral.
(7) Sub-clause (6) does not apply to the partial demolition of a heritage item or a building, work, relic or place within a Heritage Conservation Area if, in the opinion of the Council, the partial demolition is of a minor nature.
(8) A person may, with the consent of the Council, carry out development for the purposes of bed and breakfast in a dwelling house listed in Schedule 2 to Blue Mountains Local Environmental Plan 1991 that is situated on land to which this plan applies.
58A Protected Areas (1) The aims and objectives of this clause are to establish 3 different kinds of Protected Areas and, with respect to those areas—
(a) Environmental Constraint Area (i) To protect environmentally sensitive land and areas of high scenic value in the City.
(ii) To provide a buffer around areas of ecological significance.
(iii) To restrict development on land that is inappropriate by reason of its physical characteristics or bushfire risk.
(b) Escarpment Area (i) To preserve and enhance the natural environmental and visual significance of the escarpment system of the Blue Mountains.
(ii) To limit the presence of buildings and works in the escarpment area and to limit the impact of buildings on the perception of the escarpment as a significant natural feature.
(iii) To limit the proportion of hard surfaces in the escarpment area and to provide for the restoration of all degraded areas and their return to a natural habitat.
(c) Water Supply Catchment Area (i) To protect the City’s water supply.
(ii) To maintain the quality of the natural environment.
(2) This clause applies to land to which this plan applies shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 1991, in a distinctive manner and by the following annotations—
• Environmental Constraint Area
• Escarpment Area
• Water Supply Catchment Area
(3) In this clause—
storey is any separate floor within a building, but does not include—(a) a floor of a building used exclusively for the purpose of car-parking, storage, laundry facilities or similar purposes, or any combination of such purposes, where the ceiling level of that floor is not more than 1 metre above finished ground level at any point, or
(b) storage or living space within the roof void.
(4) The development criteria for the following Protected Areas are—
(a) Environmental Constraint Area The Council shall not consent to development in a Protected Area—Environmental Constraint Area, unless it is satisfied, by means of a detailed environmental assessment, that the development will not compromise the objectives of the Protected Area.
(b) Escarpment Area (i) The Council shall not consent to any development involving the clearing of trees in an area designated as Protected Area—Escarpment Area, unless it is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the visual and ecological effects of the proposed clearing will not compromise the Protected Area—Escarpment Area objective.
(ii) No building, other than of single storey construction, shall be erected in a Protected Area—Escarpment Area if it protrudes above the vegetation canopy of the immediate locality, or the height of adjacent buildings.
(c) Water Supply Catchment Area (i) The Council shall refer any development application for land within a Protected Area—Water Supply Catchment Area to the Water Board and shall include in any determination in respect of that application any written requirements of the Board relating to the development received by the Council. Any development consent must include a provision which requires that satisfactory arrangements be made with the Water Board for the provision of water and sewerage facilities.
(ii) Within a Protected Area—Water Supply Catchment Area, the Council shall not consent to any development that requires effluent disposal unless the development is to be connected to a reticulated sewerage system.
(iii) The Council may grant development consent for the erection of a dwelling house served by an effluent pump-out system on a lot that existed at the appointed day where the sewer is not available. This provision does not extend to dual occupancy.
(c) by omitting Schedule 6.
(Clause 36)
Locality | Description |
Leura | Lot 15, DP 8715, 36R Kanimbla Street |
Locality | Description | Any trusts etc not discharged |
Nil |
Blue Mountains Local Environmental Plan 1991 published in Gazette No 183 of 27.12.1991, p 10785 and amended in Gazettes No 150 of 31.12.1992, p 9143, No 52 of 28.5.1993, pp 2578, 2591, 2593, 2595, No 98 of 3.9.1993, p 5481, No 119 of 29.10.1993, p 6475, No 42 of 4.3.1994, p 1056, No 68 of 13.5.1994, pp 2252, 2253, No 88 of 1.7.1994, p 3352, No 115 of 9.9.1994, p 5670, No 143 of 21.10.1994, p 6393, No 20 of 21.2.1997, p 860, No 66 of 20.6.1997, p 4595, No 104 of 26.9.1997, p 8282, No 27 of 5.3.1999, p 1798, No 144 of 24.12.1999, p 12436 and as follows—
Blue Mountains Local Environmental Plan No 1991 (Amendment No 29)—Exempt and Complying Development (GG No 141 of 27.10.2000, p 11435)
Blue Mountains Local Environmental Plan 1991 (Amendment No 25) (GG No 57 of 23.3.2001, p 1495)
Blue Mountains Local Environmental Plan 1991 (Amendment No 30) (GG No 97 of 15.6.2001, p 3737)
Blue Mountains Local Environmental Plan 1991 (Amendment No 28) (GG No 161 of 26.10.2001, p 8795)
State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590)
(633) | Blue Mountains Local Environmental Plan 2005. GG No 122 of 7.10.2005, p 8250. Date of commencement, on gazettal. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 2.4, assent, sec 2 (2). | |
(289) | Drinking Water Catchments Regional Environmental Plan No 1. GG No 75 of 9.6.2006, p 4016. Date of commencement, 1.1.2007, cl 2. | |
(563) | Blue Mountains Local Environmental Plan 1991 (Amendment No 33). GG No 114 of 8.9.2006, p 7909. Date of commencement, on gazettal. | |
(748) | Blue Mountains Local Environmental Plan 1991 (Amendment No 31). GG No 183 of 15.12.2006, p 10931. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(313) | Blue Mountains Local Environmental Plan 1991 (Amendment No 36). LW 30.6.2010. Date of commencement, on publication on LW, cl 2. | |
(380) | Blue Mountains Local Environmental Plan 1991 (Amendment No 40). LW 12.7.2013. Date of commencement, on publication on LW, cl 2. | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(667) | State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020. LW 13.11.2020. Date of commencement, on publication on LW, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. |
Cl 2 | Subst 28.5.1993; 2005 (633), cl 3 (2). |
Cl 3 | Am 2020 (724), Sch 1.1. |
Cl 4 | Am 28.5.1993. |
Cl 5A | Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.2[1]. |
Cl 6 | Am 28.5.1993; 23.3.2001. |
Cl 9 | Am 28.5.1993; 23.3.2001; 15.6.2001. |
Cl 9, table | Am 28.5.1993; 3.9.1993. |
Cl 9A | Ins 27.10.2000. |
Cl 10 | Am 28.5.1993; 26.9.1997; 24.12.1999; 23.3.2001; 2005 No 98, Sch 2.4 [1]. |
Cl 11 | Am 28.5.1993; 23.3.2001; 2006 (289), Sch 1.1. |
Cl 14 | Rep 2008 (571), Sch 3.16 [1]. |
Cl 15A | Ins 3.9.1993. |
Cl 18 | Rep 17.12.2004. |
Cl 23 | Rep 26.9.1997. |
Cl 24 | Subst 28.5.1993. |
Cl 25 | Am 21.2.1997; 2008 (571), Sch 3.16 [2] [3]. |
Cl 26 | Am 28.5.1993; 23.3.2001. |
Cl 28 | Am 23.3.2001. |
Cl 29 | Subst 28.5.1993. |
Cl 30 | Subst 28.5.1993; 23.3.2001. |
Cl 31 | Am 3.9.1993; 2019 (659), Sch 2.3[1]. |
Cl 32A | Ins 28.5.1993. |
Cl 34 | Am 28.5.1993; 9.9.1994; 23.3.2001; 2019 (659), Sch 2.3[2]. |
Cl 36 | Ins 2013 (380), Sch 1 [1]. |
Cl 37 | Ins 2019 (659), Sch 1.3. Am 2023 (524), Sch 1.1[1]. |
Cll 38, 39 | Ins 2019 (659), Sch 2.3[3]. |
Cl 40 | Ins 2020 (724), Sch 3. |
Cl 41 | Ins 2022 (629), Sch 2[2]. Am 2023 (609), Sch 2.2[2] [3]. |
Cl 42 | Ins 2022 (629), Sch 2[4]. |
Sch 1 | Am 28.5.1993; 4.3.1994; 13.5.1994; 1.7.1994; 20.6.1997; 5.3.1999; 2010 (313), cl 4; 2020 (667), Sch 1.1. |
Sch 2 | Am 28.5.1993; 4.3.1994. |
Sch 3 | Am 26.9.1997; 15.6.2001. Subst 2006 (748), Sch 1. |
Sch 4, heading | Am 2005 No 98, Sch 2.4 [2]. |
Sch 4 | Am 31.12.1992; 28.5.1993; 3.9.1993; 29.10.1993; 4.3.1994; 13.5.1994; 9.9.1994; 21.10.1994; 26.9.1997; 23.3.2001; 15.6.2001; 26.10.2001; 2005 No 98, Sch 2.4 [3]–[6]; 2006 (563), cl 4; 2019 (659), Sch 2.3[4]. |
Sch 6 | Ins 2013 (380), Sch 1 [2]. |
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