Blue Mountains Local Environmental Plan 2015 (Amendment No 4) (2017-610) LW 3 November 2017 (NSW)

New South Wales

Blue Mountains Local Environmental Plan

2015 (Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

ROBERT GREENWOOD, GENERAL MANAGER, BLUE MOUNTAINS CITY COUNCIL

As delegate for the Minister for Planning

Blue Mountains Local Environmental Plan 2015 (Amendment

No 4)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Blue Mountains Local Environmental Plan 2015 (Amendment No 4).

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 the land to which Blue Mountains Local Environmental Plan

2015 applies.

4      Maps

or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

The maps adopted by Blue Mountains Local Environmental Plan 2015 are amended

Schedule 1

Amendment of Blue Mountains Local

Environmental Plan 2015

[1]      Clause 4.4A Site coverage and landscaping

Omit “the proportion of site coverage to lot size” from clause 4.4A (1).

Insert instead “site coverage”.

[2]      Clause 4.4A (1)

Omit “landscaped areas”. Insert instead “landscaping and pervious areas”.

[3]      Clause 4.4A (2)

Omit subclause 4.4A (2)–(5). Insert instead:

(2)

The site coverage for any part of a site area that is in Zone E3 Environmental Management or Zone E4 Environmental Living (the relevant part) must not exceed:

(a)	if the area of the relevant part is less than 1,000 square metres— 160 square metres or 30% of the relevant part (whichever is greater), or
(b)	if the area of the relevant part is at least 1,000 square metres, but less than 2,000 square metres—300 square metres plus an additional number of square metres equal to 10% of the amount by which the area of the relevant part exceeds 1,000 square metres, or
(c)	if the area of the relevant part is at least 2,000 square metres— 400 square metres plus an additional number of square metres equal to

5% of the amount by which the area of the relevant part exceeds

2,000 square metres, but not exceeding 2,500 square metres.

[4]      Clause 4.4A (6)

Omit “subclauses (3) and (4)”. Insert instead “subclause (2) (a), (b) and (c)”.

[5]      Clause 4.4A (6)

Omit “those subclauses”. Insert instead “those paragraphs”.

[6]      Clause 4.4A (7) and (8)

Omit clause 4.4A (7). Insert instead:

(7)

Development consent must not be granted to development on a lot that

contains land in Zone E4 Environmental Living unless:

(a)	the pervious area of the lot will not be reduced as a result of the development, or
(b)	at least 60% of the lot will comprise pervious area.

(8)

In this clause:

pervious area means any part of a site on which water infiltrates into the

subsoil, excluding any area of land used as a driveway or any other hard

surface (other than rainwater tanks, unroofed areas of spaced decking and

swimming pools).

[7]      Clause 6.1 Impact on environmentally sensitive land

Insert “land within” before “a lot” in clause 6.1 (5).

[8]      Clause 6.28 Rural and nature-based tourist facilities

Omit “solely” from the definition of small tourist facility in clause 6.28 (4).

[9]      Schedule 1 Additional permitted uses

Omit “, Lot 92, DP 7988 (formerly Mary, King and George Streets) and Lots 77–79,

DP 839262” from clause 13 (1).

Insert instead “and Lot 92, DP 7988 (formerly George, King and Mary Streets)”.

[10]      Schedule 5 Environmental heritage

Insert in appropriate order in Part 1:

Blaxland Fibro house 167 Great Western Lot 1, DP 715166 Local BX009

Highway

Mount Victoria	Little Zig Zag Kanimbla Valley Road	O. RD	Local MV017
R11197.1603
Mount Victoria	Lockyer’s	On unformed road	Local MY006
Pass	within Crown Reserve 50415

Mount Victoria	Rossmoyne	26–28 Selsdon Street	Lots 6 and 7,	Local MV040
Section 3, DP 569; Lot 201, DP 1034536; Lot 1, DP 369659

Wentworth Falls Strathmore 74 Falls Road Lot 6, DP 20496 Local WF012

[11]      Schedule 5, Part 2

Omit the matter relating to Leura Railway Parade Precinct Conservation Area.