Blue Mountains Local Environmental Plan 2005 (Amendment No 17) (2011-199) LW 21 April 2011 (NSW)

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2011 No 199

New South Wales

Blue Mountains Local Environmental

Plan 2005 (Amendment No 17)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (11/02683-1)

SAM HADDAD

As delegate for the Minister for Planning and Infrastructure

Published LW 21 April 2011

Page 1

2011 No 199

Clause 1

Blue Mountains Local Environmental Plan 2005 (Amendment No 17)

Blue Mountains Local Environmental Plan 2005

(Amendment No 17)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Blue Mountains Local Environmental Plan 2005

(Amendment No 17).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to certain land at Katoomba, known as 142–150 and 152–156 Narrow Neck Road (Lots 1 and 2, DP 1026915), 227 Cliff Drive and 1–24 The Escarpments (Lots 1–5 and Lots 8–17, DP 270422) and 25 The Escarpments (Strata Plan 74576), as shown distinctively coloured, edged heavy black and identified as “VH-KA09” on Panel A of the map marked “Blue Mountains Local Environmental Plan 2005 (Amendment No 17)” deposited in the office of Blue Mountains City Council.

2011 No 199

Blue Mountains Local Environmental Plan 2005 (Amendment No 17)

Amendment of Blue Mountains Local Environmental Plan 2005

Schedule 1

Schedule 1

Amendment of Blue Mountains Local

Environmental Plan 2005

Schedule 1 Locality management within the Villages

Insert after Division 17 of Part 4 in the Schedule:

Division 18

Katoomba Precinct VH-KA09—Katoomba

Golf Course Village Housing Precinct

1      Consideration of precinct

(1)

This Division applies to land shown edged heavy black on the locality plan below named “Katoomba Precinct VH-KA09— Katoomba Golf Course Village Housing Precinct” and shown by distinctive edging and annotated “VH-KA09” on Map Panel A.

Katoomba Precinct VH-KA09—Katoomba Golf Course

Village Housing Precinct

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Blue Mountains Local Environmental Plan 2005 (Amendment No 17)

Schedule 1

Amendment of Blue Mountains Local Environmental Plan 2005

(2)

Development consent must not be granted to development on land to which this Division applies unless the development proposed to be carried out:

(a)

complies, to the satisfaction of the consent authority, with the precinct objectives in achieving the precinct vision statement in this Division, and

(b)

complies, to the satisfaction of the consent authority, with the building envelope in this Division, and

(c)

is consistent, to the satisfaction of the consent authority, with the design considerations in this Division.

2      Desired future character

(1)

Precinct vision statement

The precinct will accommodate a mix of attached townhouse style dwellings and detached dwellings that contribute to meeting housing demand in accordance with changing demographics in the Blue Mountains.

The development of the precinct will include high quality urban design principles in response to environmental constraints and the opportunities provided by its location adjacent to a ridgeline overlooking the Katoomba Golf Course, Katoomba urban area and the Blue Mountains National Park.

New building works will reflect the general pattern, scale and architectural style of existing adjacent residential development.

(2)

Precinct objectives

(a)

To provide opportunities for a range of housing options and a variety of dwelling sizes.

(b)

To promote high levels of residential amenity for both future residents and existing neighbouring properties.

(c)

To create a residential character within the site that is consistent or compatible with the general scale, bulk and architectural character of existing residential development in the locality.

(d)

To control building height, setbacks and forms to minimise visual impact of development when viewed from a public place and to maximise residential amenity and take advantage of scenic views.

(e)

To retain bushland frontages to the street and to provide landscaping that filters views of the buildings from the golf course and from distant viewpoints.

2011 No 199

Blue Mountains Local Environmental Plan 2005 (Amendment No 17)

Amendment of Blue Mountains Local Environmental Plan 2005

Schedule 1

(f)

To promote future development of residential buildings within garden settings that retain the existing pattern of tall canopy trees as a scenically distinctive backdrop along the ridgeline of Narrow Neck Road and create a buffer to Glencoe Road.

(g)

To provide on-site parking that does not dominate the street frontage and is integrated with the design of surrounding garden areas.

(h)

To provide vehicular and pedestrian access to the existing street network.

3      Building envelope

(1)

Building height

(a)

Buildings must not exceed a maximum building height of 11.7 metres for townhouses and 11.2 metres for dwelling houses.

(b)

Buildings must not exceed a maximum eave height of 8.7 metres for townhouses and 8.2 metres for dwelling houses.

(c)

Despite paragraphs (a) and (b), the highest part of any building erected on the land must not protrude above a horizontal plane that is 2.5 metres below the level of the canopy height calculated for that building.

(d)

The height above the existing ground level for the lowest habitable floor level must not exceed 3 metres.

(e)

The maximum cut is 2 metres for townhouses and 1 metre for detached dwellings.

(f)

The maximum fill is 2 metres for townhouses and 2.5 metres for detached dwellings.

(2)

Building setback

(a)

The minimum setback from The Escarpments street frontage is 5 metres for townhouses and 6 metres for dwelling houses.

(b)

The minimum setback from the internal road street frontage (that intersects with Narrow Neck Road) is 5 metres for townhouses and 6 metres for dwelling houses.

(c)

The minimum side boundary setback is 1 metre for townhouses and 1.5 metres for dwelling houses.

(d)

The minimum building setback from the Narrow Neck Road boundary and the Glencoe Road boundary is 12 metres. A minor departure from this provision may be

2011 No 199

Blue Mountains Local Environmental Plan 2005 (Amendment No 17)

Schedule 1

Amendment of Blue Mountains Local Environmental Plan 2005

permitted if the Council is satisfied that the intent of this

Division will be achieved.

(e)

Apart from the provision of an access road, pedestrian pathways, fences, mailboxes and the like, existing vegetation within 12 metres of the boundaries of the reserves of Narrow Neck Road or Glencoe Road must not be disturbed.

(f)

All setback areas must be landscaped.

(3)

Site coverage

(a)

The maximum site cover for buildings is 40% of the total allotment area.

(b)

The minimum area to be retained as soft, pervious or landscaped area (excluding hard surfaces) is 40% of the total allotment area.

4      Design considerations

(1)

Landscaping, built form and finishes

(a)

Development must be sited, designed and constructed to minimise impacts on surrounding areas.

(b)

Landscaping must be compatible with the native bushland and exotic plant communities on adjacent properties while minimising bush fire hazard.

(c)

A landscaped area not less than 5 metres wide must be provided between any building and the golf course. That area must be planted with species that will, at maturity, provide to the Council’s satisfaction, a soft filtered view of the building from the golf course. The species used to achieve this screening must be either endemic to the area or exotics compatible to those presently used on the golf course.

(d)

Provision must be made around and between any building for the planting of trees that grow to sufficient heights to provide a canopy that will reduce, to the Council’s satisfaction, the prominence of such buildings in the landscape when viewed from distant viewpoints. Plant species that minimise bush fire hazard are preferred.

(e)

Buildings should incorporate architectural features that reflect the general pattern, scale and architectural style of existing residential development having particular regard to:

(i)

the retention of views from buildings and view corridors, and

2011 No 199

Blue Mountains Local Environmental Plan 2005 (Amendment No 17)

Amendment of Blue Mountains Local Environmental Plan 2005

Schedule 1

(ii)      the orientation of living spaces and private open spaces to maximise daylight access, and

(iii)      the articulation of external walls and roof forms, and

(iv)      the preference that external walls be finished in neutral or earthy tones with low reflectivity.

(f)

Driveways, parking areas and garages:

(i)

should not dominate any street frontage, and

(ii)

should be integrated with the design of surrounding landscaped areas.

(2)

Amenity and safety

(a)

Passive surveillance must be promoted throughout public places by appropriate orientation of verandahs, balconies, entrance doors and the windows to living rooms or business premises.

(b)

Design of the buildings must minimise overlooking between habitable rooms of adjoining or adjacent dwellings and between habitable rooms and outdoor living areas of adjoining or adjacent dwellings.

(3)

Parking and vehicle access

(a)

Parking must be provided in accordance with the relevant part of the Council’s Better Living DCP.

(b)

No more than two vehicular accesses will be permitted to the combined development. Each access must incorporate a roundabout in the existing public road and will be located and designed to the Council’s satisfaction.

(c)

A combined cycleway and footpath must be provided from the junction of Glencoe and Narrow Neck Roads to the existing golf clubhouse.

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