Blue Mountains Local Environmental Plan 2015 (NSW)

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Part 1Preliminary1.1Name of Plan

This Plan is Blue Mountains Local Environmental Plan 2015.

1.1AACommencement

This Plan commences 8 weeks after the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in the Blue Mountains in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

  • (a)

    to maintain the unique identity and values of the “City within a World Heritage National Park”,

  • (b)

    to provide a clear framework for the development of land that is consistent with, and promotes the principles and practices of, ecologically sustainable development,

  • (c)

    to meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms,

  • (d)

    to ensure that development does not result in adverse impacts on the values of the Greater Blue Mountains World Heritage Area,

  • (e)

    to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains,

  • (f)

    to identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains,

  • (g)

    to preserve and enhance watercourses, groundwater, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney’s drinking water catchments,

  • (h)

    to prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure,

  • (i)

    to limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts,

  • (j)

    to identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains,

  • (k)

    to promote the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community,

  • (l)

    to ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services,

  • (m)

    to provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values,

  • (n)

    to conserve the rural and natural landscape of Megalong Valley, the Mounts, Sun Valley and Shipley Plateau and maintain agricultural capability,

  • (o)

    to ensure that the siting and design of new buildings, facilities and structures intended primarily for public use make reasonable provision for safe and comfortable access to those buildings, facilities and structures for all people, including older people, people with a disability and those with limited mobility,

  • (p)

    to integrate development with transport systems and promote safe and sustainable access opportunities, including public transport initiatives, walking and cycling.

1.3Land to which Plan applies(1)

This Plan applies to the land identified on the Land Application Map.

(1A)

Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

  • (a)

    approved by the local plan-making authority when the map is adopted, and

  • (b)

    as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

1.8ASavings provision relating to development applications(1)

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

(2)

If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.

(3)

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.

(4)

A development application made, but not finally determined, before the commencement of Blue Mountains Local Environmental Plan 2015 (Amendment No 16) must be determined as if that plan had not commenced.

cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (69), Sch 1.3[1]; 2023 (609), Sch 2.1; 2024 (482), Sch 1.

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

  • (a)

    to a covenant imposed by the Council or that the Council requires to be imposed, or

  • (b)

    to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

  • (c)

    to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

  • (d)

    to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

  • (e)

    to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

  • (f)

    to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

  • (g)

    to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Rural Zones

    RU2 Rural Landscape

    RU4 Primary Production Small Lots

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R3 Medium Density Residential

  • Employment Zones

    E1 Local Centre

    E2 Commercial Centre

    E3 Productivity Support

    E4 General Industrial

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

    SP3 Tourist

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C2 Environmental Conservation

    C3 Environmental Management

    C4 Environmental Living

  • Waterway Zones

    W1 Natural Waterways

cl 2.1: Am 2018 (722), Sch 1 [1]; 2022 (832), Sch 1.2[1].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

    development that may be carried out only with development consent, and

  • (d)

    development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

  • (a)

    a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

  • (b)

    a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

  • (a)

    must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

  • (b)

    must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

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.

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

  • (a)

    a constructed canal, or other waterway or waterbody, that—

    • (i)

      is inundated by surface water or groundwater movement, or

    • (ii)

      drains to a waterway or waterbody by surface water or groundwater movement, and

  • (b)

    the erection of a dwelling, and

  • (c)

    one or both of the following—

    • (i)

      the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

    • (ii)

      excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

  • (a)

    carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

  • (b)

    limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

  • State Environmental Planning Policy (Housing) 2021

  • State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

  • State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

  • State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

  • State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

  • State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (722), Sch 1 [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (832), Sch 1.2[2] [3]; 2023 (458), Sch 2.9.

Zone RU2Rural Landscape1Objectives of zone
  • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

  • To maintain the rural landscape character of the land.

  • To provide for a range of compatible land uses, including extensive agriculture.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations

3Permitted with consent

Agritourism; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home industries; Intensive plant agriculture; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Stock and sale yards; Veterinary hospitals; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RU4Primary Production Small Lots1Objectives of zone
  • To enable sustainable primary industry and other compatible land uses.

  • To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

  • To minimise conflict between land uses within this zone and land uses within adjoining zones.

  • To ensure that development is compatible with the rural and natural landscape and heritage of the Megalong Valley.

  • 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.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Agritourism; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Depots; Dwelling houses; Eco-tourist facilities; Environmental facilities; Exhibition homes; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Helipads; Home-based child care; Home industries; Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone R1General Residential1Objectives of zone
  • To provide for the housing needs of the community.

  • To provide for a variety of housing types and densities.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To ensure that building form and design does not unreasonably detract from the amenity of adjacent residents or the existing quality of the environment due to its scale, height, bulk or operation.

  • To enhance the traditional streetscape character and gardens that contribute to the attraction of the area for residents and visitors.

  • To provide opportunities for the development of a variety of tourist-oriented land uses within a predominantly residential area.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Function centres; Group homes; Home-based child care; Hostels; Hotel or motel accommodation; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a low density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To promote residential development in locations that are accessible to services and facilities.

  • To ensure that development maintains and improves the character of residential areas in a manner that minimises impacts on existing amenity and environmental quality.

  • To allow a range of non-residential land uses that are consistent with the predominant scale and height of adjoining buildings and do not unreasonably detract from the amenity of adjacent residents.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Hospitals; Hostels; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a medium density residential environment.

  • To provide a variety of housing types within a medium density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To consolidate residential opportunities in accessible localities within close proximity to commercial centres and railway stations.

  • To ensure that residential development contributes to the streetscape and has a scale and character that is consistent with adjoining residential land uses and minimises any adverse impact on the amenity of residents.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture

4Prohibited

Any other development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone
  • To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.

  • To encourage investment in local commercial development that generates employment opportunities and economic growth.

  • To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

  • To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

  • To promote the unique character of each of the towns and villages of the Blue Mountains.

  • To ensure that development does not unreasonably affect residential amenity as a result of factors such as operating hours, noise, loss of privacy and pedestrian and vehicular traffic.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Exhibition homes; Flood mitigation works; Function centres; Group homes; Home industries; Home-based child care; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone E2Commercial Centre1Objectives of zone
  • To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.

  • To encourage investment in commercial development that generates employment opportunities and economic growth.

  • To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.

  • To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.

  • To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

  • To promote the unique character of each of the towns and villages of the Blue Mountains.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Exhibition homes; Flood mitigation works; Function centres; Home industries; Home-based child care; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone E3Productivity Support1Objectives of zone
  • To provide a range of facilities and services, light industries, warehouses and offices.

  • To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.

  • To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.

  • To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.

  • To provide opportunities for new and emerging light industries.

  • To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Electricity generating works; Entertainment facilities; Flood mitigation works; Food and drink premises; Freight transport facilities; Function centres; Garden centres; General industries; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sewerage systems; Sex services premises; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone E4General Industrial1Objectives of zone
  • To provide a range of industrial, warehouse, logistics and related land uses.

  • To ensure the efficient and viable use of land for industrial uses.

  • To minimise any adverse effect of industry on other land uses.

  • To encourage employment opportunities.

  • To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.

  • To ensure that industrial development incorporates measures to mitigate operational impacts from noise generation or pollution on the sensitive environment of the Blue Mountains.

  • To encourage the growth of emerging businesses, including those relating to information technology and cultural industries such as arts and design-based businesses and associated production.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Animal boarding or training establishments; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Health services facilities; Home-based child care; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sex services premises; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone SP1Special Activities1Objectives of zone
  • To provide for special land uses that are not provided for in other zones.

  • To provide for sites with special natural characteristics that are not provided for in other zones.

  • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone
  • To provide for infrastructure and related uses.

  • To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone
  • To provide for a variety of tourist-oriented development and related uses.

  • To provide tourist development that is compatible with the environmental, scenic and landscape qualities of the area.

  • To enable other uses that complement tourist development without eroding the retail hierarchy of the local centres and villages.

  • To promote a high standard of urban design and amenity in a high-quality landscape setting.

  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

2Permitted without consent

Environmental protection works

3Permitted with consent

Amusement centres; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Tourist and visitor accommodation

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone
  • To enable land to be used for public open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To enhance the quality of life of residents and visitors and improve the amenity of the villages in the Blue Mountains through the provision and management of open space.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Function centres; Information and education facilities; Kiosks; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone
  • To enable land to be used for private open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To encourage the development of land in a manner that meets the private recreational needs of the community.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Information and education facilities; Intensive plant agriculture; Kiosks; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone
  • To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

  • To enable uses authorised under the National Parks and Wildlife Act 1974.

  • To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone
  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

  • To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

  • To encourage land restoration works on disturbed bushland areas.

  • To restrict the development of private land that would be inappropriate because of physical characteristics or high bush fire hazards, but only where less restricted development is permitted elsewhere on the land due to split zoning.

  • To maintain biodiversity in the Blue Mountains.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Dwelling houses; Environmental facilities; Flood mitigation works; Oyster aquaculture; Roads

Note.

See clause 6.25 for development standards applying to dwelling houses in Zone C2 Environmental Conservation.

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone
  • To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

  • To provide for a limited range of development that does not have an adverse effect on those values.

  • To protect the natural bushland buffer between towns, to avoid ribbon development and to conserve vistas of bushland obtained from public places and the Blue Mountains National Park.

  • 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 area.

  • To encourage landscaping and regeneration of natural bushland in areas with sparse tree or canopy cover.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Camping grounds; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Farm stay accommodation; Flood mitigation works; Home-based child care; Home industries; Horticulture; Hotel or motel accommodation; Information and education facilities; Kiosks; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture; Veterinary hospitals; Water storage facilities

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone
  • To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

  • To ensure that residential development does not have an adverse effect on those values.

  • To preserve and re-establish native bushland in those areas that exhibit a predominantly bushland character, where consistent with the protection of assets from bush fire.

  • To ensure that the form and siting of buildings are appropriate for, and harmonise with, the bushland character of the locality.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Home-based child care; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture; Water storage facilities

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone
  • To protect the ecological and scenic values of natural waterways.

  • To prevent development that would have an adverse effect on the natural values of waterways in this zone.

  • To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Environmental facilities; Environmental protection works; Flood mitigation works

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

  • (a)

    must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

  • (b)

    must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

  • (c)

    must not be designated development, and

  • (d)

    must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

  • (a)

    the building has a current fire safety certificate or fire safety statement, or

  • (b)

    no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must—

  • (a)

    be installed in accordance with the manufacturer’s specifications, if applicable, and

  • (b)

    not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note.

See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

  • (a)

    be permissible, with development consent, in the zone in which it is carried out, and

  • (b)

    meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

  • (c)

    have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

    land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

  • (d)

    land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

  • (e)

    land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

  • (f)

    land within 100 metres of land to which paragraph (c), (d) or (e) applies,

  • (g)

    land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

  • (h)

    land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

  • (i)

    land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

  • (j)

    land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that lots are sized to support development permitted by this Plan,

  • (b)

    to provide for a range of residential lot sizes and types based on land capability and the character of the locality,

  • (c)

    to ensure that each lot created in a residential subdivision contains a suitable area for the erection of a dwelling house and an appropriate asset protection zone to protect the property from the threat of bush fire,

  • (d)

    to prescribe limits to urban growth by restricting subdivision of land that has limited access to services, is environmentally sensitive or forms part of the urban bushland interface,

  • (e)

    to ensure that lot sizes and dimensions result in the retention, where possible, of existing vegetation and that the layout and design of new lots, including access ways, is consistent with the character of the locality.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)

If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

(3B)

If a lot contains land in 2 or more zones, including land in Zone C2 Environmental Conservation, the area of land that is in Zone C2 Environmental Conservation is not to be included in calculating the lot size.

(3C)

Despite subclause (3), development consent may be granted for the subdivision of land to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if the subdivision is a realignment of boundaries that does not create an additional lot.

(4)

This clause does not apply in relation to the subdivision of any land—

  • (a)

    by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

  • (b)

    by any kind of subdivision under the Community Land Development Act 2021.

cl 4.1: Am 2022 (832), Sch 1.2[4].

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (c)

    Zone R1 General Residential,

  • (d)

    Zone R2 Low Density Residential,

  • (e)

    Zone R3 Medium Density Residential,

  • (f)

    Zone C3 Environmental Management,

  • (g)

    Zone C4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2022 (832), Sch 1.2[4].

4.1AMinimum subdivision lot size for strata plan schemes in certain rural and conservation zones(1)

The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (c)

    Zone C3 Environmental Management,

  • (d)

    Zone C4 Environmental Living.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

cl 4.1A: Am 2022 (832), Sch 1.2[4] [5].

4.1BMinimum lot sizes for dual occupancies, manor houses and multi dwelling housing(1)

The objective of this clause is to achieve planned residential density in certain zones.

(2)

Development consent must not be granted to development for the purposes of dual occupancies on the following land unless the lot is at least 1,000m2

  • (a)

    land in the following zones—

    • (i)

      Zone R1 General Residential,

    • (ii)

      Zone R2 Low Density Residential,

    • (iii)

      Zone R3 Medium Density Residential,

    • (iv)

      Zone E1 Local Centre,

    • (v)

      Zone E2 Commercial Centre,

  • (b)

    land identified as “Area 1” on the Land Zoning Map that is in Zone E4 General Industrial.

(3)

(Repealed)

(4)

Land referred to in subclause (2) may, with development consent, be subdivided for the purposes of dual occupancies to create a lot of a size that is less than the minimum size shown on the Lot Size Map for the land if—

  • (a)

    development consent has been granted for a dual occupancy or a single development application proposes both the subdivision of the land and the erection of a dual occupancy on the land, and

  • (b)

    each dwelling will be erected on a separate lot.

(5)

Development consent must not be granted to development for the purposes of manor houses or multi dwelling housing in the following zones unless the lot is at least 1,300m2

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R3 Medium Density Residential,

  • (c)

    Zone E1 Local Centre,

  • (d)

    Zone E2 Commercial Centre.

(6)

In this clause—

manor house has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

cl 4.1B: Am 2022 (832), Sch 1.2[6] (subst 2023 (82), Sch 1.1[1]); 2024 (145), Sch 1[1]–[5].

4.1CExceptions to minimum subdivision lot sizes for certain residential development(1)

The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)

This clause applies to development on land in the following zones—

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R3 Medium Density Residential.

(3)

Development consent may be granted to a single development application for development to which this clause applies that is both of the following—

  • (a)

    the subdivision of land into 3 or more lots,

  • (b)

    if the size of each lot is at least 450 square metres—the erection of a dwelling house or an attached dwelling on each lot resulting from the subdivision.

4.1DSubdivision of land in recreation zones for public purposes(1)

The objective of this clause is to enable the subdivision of land in recreation zones for public purposes.

(2)

Development consent must not be granted to the subdivision of land in Zone RE1 Public Recreation or Zone RE2 Private Recreation unless the consent authority is satisfied that the purpose of the subdivision is one or more of the following—

  • (a)

    to provide the land for a public reserve, public road or other public purpose,

  • (b)

    to provide public access to the land,

  • (c)

    to differentiate between separate land uses, activities or management areas for which development consent has been granted,

  • (d)

    to facilitate the consolidation of existing lots,

  • (e)

    a realignment of boundaries that does not create an additional lot.

4.1ESubdivision of land in certain conservation zones(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that the subdivision of land in certain conservation zones is consistent with a land capability assessment that identifies and conserves the ecological values of that land,

  • (b)

    to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone C2 Environmental Conservation,

  • (b)

    Zone C3 Environmental Management,

  • (c)

    Zone C4 Environmental Living.

(3)

Development consent must not be granted to the subdivision of land to which this clause applies if any of the lots resulting from the subdivision will only contain land in Zone C2 Environmental Conservation unless any such lot is to be provided for a public reserve, public road or other public purpose.

(4)

Despite clause 4.1, development consent must not be granted to the subdivision of land in Zone C3 Environmental Management or Zone C4 Environmental Living unless the consent authority is satisfied that each lot resulting from the subdivision will contain land (other than environmentally sensitive land) that has an area of at least 750 square metres and is suitable for the erection of a dwelling house (a development space).

(5)

Subclause (4) does not apply to a subdivision of land that is—

  • (a)

    a minor realignment of boundaries that does not create an additional lot, or

  • (b)

    a reservation or dedication of land for creating or widening a public road or public reserve or for another public or environment protection purpose.

(6)

Despite clause 4.1, development consent may be granted for the subdivision of an original lot being land identified on the Lot Averaging Map in an area specified in the table to this subclause if the subdivision will not create a greater number of lots than the number resulting from multiplying the notional development area of the original lot (in hectares) by the number listed beside that land in the table.

Column 1

Column 2

Area A

1

Area B

2

Area C

3

Area D

4

Area E

5

Area F

8

(7)

In this clause—

notional development area, of a lot, means the part of the lot that—

  • (a)

    is in Zone C3 Environmental Management or Zone C4 Environmental Living, and

  • (b)

    is not environmentally sensitive land.

cl 4.1E: Am 2022 (832), Sch 1.2[4] [5]; 2025 (215), Sch 1[1].

4.1FCluster housing on land in certain conservation zones(1)

The objective of this clause is to provide for the subdivision of land for cluster housing in certain conservation zones.

(2)

Despite clauses 4.1 and 4.1E, development consent may be granted for the subdivision of land identified on the Lot Averaging Map in an area specified in the table to this subclause for the purpose of cluster housing if the number of lots resulting from that subdivision will not exceed the number calculated by multiplying the area (in hectares) of the lot to be subdivided by the number listed beside that land in the table.

Column 1

Column 2

Area A

1

Area B

2

Area C

3

Area D

4

Area E

5

Area F

8

Area G

8

(3)

Development consent must not be granted under subclause (2) unless the consent authority is satisfied that—

  • (a)

    the land includes environmentally sensitive land, the major part of which will be consolidated with a neighbourhood lot or common property, and

  • (b)

    appropriate management measures are in place to create and maintain fire protection zones and to ensure the protection and enhancement of the environmental values of the environmentally sensitive land and any other natural areas on the land, and

  • (c)

    dwellings (including any access to such dwellings and any outbuildings) will not be located on the environmentally sensitive land and will be of a form and scale that is consistent with the landscape, and

  • (d)

    the development is consistent with an overall integrated design for the land.

(4)

In this clause—

cluster housing means development that includes all of the following—

  • (a)

    a subdivision of land under the Community Land Development Act 1989 or under the Strata Schemes (Freehold Development) Act 1973 into 5 or more lots,

  • (b)

    the erection of a dwelling house on each lot (other than on any neighbourhood lot),

  • (c)

    a scheme for joint ownership of the neighbourhood lot or common property by the owners of all other lots in a neighbourhood scheme or strata scheme.

common property and strata scheme have the same meaning as in the Strata Schemes (Freehold Development) Act 1973.

neighbourhood lot and neighbourhood scheme have the same meaning as in the Community Land Development Act 1989.

cl 4.1F: Am 2022 (832), Sch 1.2[5].

4.1GLot consolidation in Zone E4 and conservation zones(1)

The objectives of this clause are as follows—

  • (a)

    to require the consolidation of certain lots on environmentally sensitive land,

  • (b)

    to manage premature subdivisions on the urban and bushland interface,

  • (c)

    to protect and manage areas of high ecological or scenic landscape value by preventing development on parcels of an inadequate size that may compromise those values.

(2)

This clause applies to land shown edged blue on the Lot Size Map that is in Zone E4 General Industrial, Zone C3 Environmental Management or Zone C4 Environmental Living.

(2A)

Development consent must not be granted to development on land to which this clause applies that is in Zone E4 General Industrial unless the land (including drainage reserves and unformed roads adjoining any lots) has been, or will be consolidated to create a lot that has an area of land that is at least the minimum lot size shown for the land in Zone E4 General Industrial on the Lot Size Map.

(3)

Development consent must not be granted to development on land to which this clause applies that is in Zone C3 Environmental Management unless the land (including drainage reserves and unformed roads adjoining any lots) has been, or will be consolidated to create a lot that has an area of land that is at least the minimum lot size shown for the land in Zone C3 Environmental Management on the Lot Size Map.

(4)

Development consent must not be granted for the erection of a dwelling house on land to which this clause applies that is in Zone C4 Environmental Living unless the land has been, or will be consolidated to create a lot that has an area of land that is at least the minimum lot size shown for the land in Zone C4 Environmental Living on the Lot Size Map.

(4A)

If a lot contains land in 2 or more zones, including land in Zone C2 Environmental Conservation, the area of land that is in Zone C2 Environmental Conservation is to be included in calculating the lot size for the purposes of this clause.

(5)

Development consent must not be granted under subclause (3) or (4) unless—

  • (a)

    no dwelling house has been erected on the land, or

  • (b)

    if a development application has been made for development for the purpose of a dwelling house on the land—the application has been refused or it was withdrawn before it was determined, or

  • (c)

    if development consent has been granted in relation to any such application—the consent has been surrendered or it has lapsed.

(6)

Despite subclauses (2A)–(5), development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(7)

Despite subclauses (2A)–(6), development consent may be granted to the subdivision of land to which this clause applies if the subdivision—

  • (a)

    is a realignment of boundaries that does not create an additional lot, or

  • (b)

    is for the purpose of creating or widening a public road or public reserve or for another public purpose.

cl 4.1G: Am 2019 (344), Sch 1 [1]–[7]; 2022 (832), Sch 1.2[4] [7] [8].

4.1HFlexibility for neighbourhood or strata subdivision(1)

The objective of this clause is to provide flexibility in the application of standards for neighbourhood and strata subdivision.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 or under the Strata Schemes (Freehold Development) Act 1973 of land on which there is an existing lawful building.

(3)

Development consent may be granted for the subdivision of land to which this clause applies to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if each lot to be created (other than any development lots or neighbourhood property) contains a building or part of a building that is a separate occupation of premises.

4.2Rural subdivision(1)

The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)

This clause applies to the following rural zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (baa)

    Zone RU3 Forestry,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU6 Transition.

Note.

When this Plan was made it did not include all of these zones.

(3)

Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)

A dwelling cannot be erected on such a lot.

Note.

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2AExceptions to minimum subdivision lot sizes in Zone RU2 and Zone RU4(1)

The objectives of this clause are as follows—

  • (a)

    to enable the realignment of boundaries in rural zones and the provision of land for public purposes,

  • (b)

    to provide concessional lots in Zone RU2 Rural Landscape.

(2)

Development consent may be granted for the subdivision of land in Zone RU2 Rural Landscape or Zone RU4 Primary Production Small Lots to create a lot that is less than the minimum size shown on the Lot Size Map in relation to that land for the purpose of—

  • (a)

    a realignment of boundaries, but only if any lot resulting from the subdivision has an area that is not less than the minimum size shown on the Lot Averaging Map in relation to that land, or

  • (b)

    creating or widening a public road or public reserve or for another public purpose, or

  • (c)

    a consolidation with an adjoining public road or public reserve or for another public purpose.

(3)

Despite clause 4.1, development consent may be granted to the subdivision of land shown edged heavy green on the Key Sites Map to create 2 lots if each lot resulting from the subdivision will contain land in Zone RU2 Rural Landscape that has an area of at least 1 hectare.

(4)

Development consent must not be granted to the subdivision of a lot created under subclause (3).

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that the bulk of development is not excessive and relates well to the local context,

  • (b)

    to protect privacy and the use of private open space in new development or on adjoining land,

  • (c)

    to nominate heights that will provide a transition in built form and land use intensity,

  • (d)

    to ensure an appropriate height transition between new buildings and heritage items.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

4.3AExceptions to the maximum floor space ratio and height of buildings(1)

The objective of this clause is to provide exceptions to the maximum height of buildings on certain land.

(2)

This clause has effect despite any other provision of this Plan.

(3)

Development consent may be granted to erect a building on land identified as “Protected Area—Escarpment” on the Scenic and Landscape Values Map that exceeds the maximum height shown for the land on the Height of Buildings Map if the consent authority is satisfied that the building—

  • (a)

    will not protrude above the existing tree canopy of vegetation adjacent to the building, and

  • (b)

    will not protrude above adjacent buildings, and

  • (c)

    incorporates a design that responds to the topography of the site and does not result in a visually prominent built form, and

  • (d)

    does not visually break the level of the skyline by protruding above the ridgeline within or behind the site, and

  • (e)

    incorporates external surfaces that help blend structures into the natural environment, and

  • (f)

    has a height of no more than 8 metres.

(4)

Development consent may be granted to a building on land in a heritage conservation area zoned R1 General Residential, R2 Low Density Residential or C4 Environmental Living that exceeds the maximum height shown for the land on the Height of Buildings Map if the consent authority is satisfied that the building—

  • (a)

    is located within an area that has a predominant presence of 2-storey dwelling houses, and

  • (b)

    incorporates a design that minimises its apparent bulk when viewed from a public road, and

  • (c)

    provides for a roof form and pitch that is consistent with the predominant form of traditional housing stock within the surrounding area, and

  • (d)

    has a height of no more than 8 metres.

(5)

Development consent may be granted to the erection of a building on land in Zone C4 Environmental Living (other than land identified as “Protected Area—Escarpment” on the Scenic and Landscape Values Map) that exceeds the maximum height shown on the Height of Buildings Map for the land if the consent authority is satisfied that—

  • (a)

    the form and scale of the building is consistent with the objectives of clause 4.3 and the objectives for Zone C4 Environmental Living, and

  • (b)

    the height of the building will improve the protection of environmentally sensitive land by enabling the building to reduce its footprint, and

  • (c)

    the development incorporates a design that minimises its apparent bulk when viewed from a public road.

(6)

Development consent may be granted to the erection of a building on land identified as “Katoomba Precinct B2—KA01” or “Katoomba Precinct B2—KA05” on the Built Character Map with a maximum height of 13 metres and a maximum floor space ratio of 2:1 if the consent authority has considered the effect of any height variation on the amenity of the streetscape and—

  • (a)

    the height of the buildings adjacent to the land is at least 11 metres, and

  • (b)

    at least 65% of the additional floor space permitted by this subclause is used for the purpose of residential accommodation, or the development provides public spaces or plazas, or a significantly enhanced domain or pedestrian amenity.

(7)

Development consent may be granted to the erection of a building on land identified as “Katoomba Precinct B2—KA04” on the Built Character Map with a maximum height of 20 metres if—

  • (a)

    the part of the building that exceeds a height of 10 metres comprises less than 40% of the site coverage, and

  • (b)

    that part of the building is adjacent to the Great Western Highway.

(8)

Development consent may be granted to the erection of a building on land identified as “Katoomba Precinct B2—KA03” on the Built Character Map with a maximum floor space ratio of 1.5:1 if no more than 65% of the additional floor space permitted by this subclause is used for the purpose of residential accommodation.

(9)

Development consent may be granted to the erection of a building on land at 119 Cliff Drive, Katoomba, being Lot 5, DP 222736, that exceeds the maximum height shown for the land on the Height of Buildings Map if the consent authority is satisfied that—

  • (a)

    the part of the building that exceeds that maximum height is not visible from any of the following—

    • (i)

      Cliff Drive,

    • (ii)

      any public place,

    • (iii)

      Blue Mountains National Park, and

  • (b)

    the building has a height of no more than 10 metres.

cl 4.3A: Am 2018 (722), Sch 1 [3]; 2019 (352), Sch 1 [1]; 2022 (832), Sch 1.2[4].

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that development is compatible with the bulk, scale and character of existing and future surrounding development,

  • (b)

    to provide for a built form that is compatible with the role of the town and major centres.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.4ASite coverage and landscaping(1)

The objective of this clause is to manage site coverage for the purpose of retaining landscaping and pervious areas that contribute to the landscape setting and catchment health of the area.

(2)

The site coverage for any part of a site area that is in Zone C3 Environmental Management or Zone C4 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.

(3)–(5)

(Repealed)

(6)

Despite subclause (2) (a), (b) and (c), development consent may be granted for development that exceeds the maximum site coverage permitted by those paragraphs if a report prepared by a suitably qualified person demonstrates that the development would have a beneficial effect on stormwater management by incorporating measures such as infiltration and detention systems.

(7)

Development consent must not be granted to development on a lot that contains land in Zone C4 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).

cl 4.4A: Am 2017 (610), Sch 1 [1]–[6]; 2022 (832), Sch 1.2[4].

4.4BPrincipal development area(1)

The objectives of this clause are as follows—

  • (a)

    to ensure development to which this clause applies is only carried out within a single area and to limit the size of the area,

  • (b)

    to restrict development on environmentally sensitive land,

  • (c)

    to retain or restore native bushland.

(2)

This clause applies to development if the lot or lots on which the development is proposed to be carried out contain a total of 4,000m2 or more of land in Zone C3 Environmental Management or Zone C4 Environmental Living.

(3)

Development consent must not be granted to development to which this clause applies unless the consent authority is satisfied of the following—

  • (a)

    the development will be carried out within a single area (the principal development area),

  • (b)

    the distance between the boundaries of the principal development area and the property boundaries is appropriate,

  • (c)

    existing native vegetation will be retained, or native vegetation will be planted, in the area between the principal development area and the property boundaries,

  • (d)

    if the lots contain 2,000m2 or more of non-ES land—the principal development area does not—

    • (i)

      exceed the greater of 2,000m2 or 25% of the area of non-ES land, to a maximum of 5,000m2, or

    • (ii)

      contain environmentally sensitive land,

  • (e)

    if the lots contain less than 2,000m2 of non-ES land—the principal development area does not—

    • (i)

      exceed the greater of 750m2 or the area of non-ES land, or

    • (ii)

      contain environmentally sensitive land,

  • (f)

    if the lots contain less than 750m2 of non-ES land and the development is for the purposes of a single dwelling house—

    • (i)

      the principal development area does not exceed 750m2, and

    • (ii)

      the principal development area—

      • (A)

        does not contain environmentally sensitive land, or

      • (B)

        is suitable for the erection of a dwelling house and contains as little environmentally sensitive land as practicable.

(4)

This clause does not apply to the following types of development—

  • (a)

    subdivision of land,

  • (b)

    clearing of vegetation required to establish an asset protection zone,

  • (c)

    development for the purposes of providing vehicular access or public utility services.

(5)

This clause does not apply to development if—

  • (a)

    the lot or lots on which the development is proposed to be carried out were created before the commencement of this plan, and

  • (b)

    the development is ancillary or incidental to a dwelling house where development consent to erect the dwelling house was granted—

    • (i)

      before the publication of Blue Mountains Local Environmental Plan 1991 on 27 December 1991, or

    • (ii)

      under Blue Mountains Local Environmental Plan 2005, and

  • (c)

    the area of land on which development has been, or is proposed to be, carried out on the lots does not exceed—

    • (i)

      if the lots contain 2,000m2 or more of non-ES land—the greater of 2,000m2 or 25% of the area of non-ES land, to a maximum of 5,000m2, or

    • (ii)

      if the lots contain less than 2,000m2 of non-ES land—the greater of 750m2 or the area of non-ES land, and

  • (d)

    the development does not involve the clearing of vegetation—

    • (i)

      on environmentally sensitive land, or

    • (ii)

      from a total area of 50m2 or more.

(6)

In this clause—

non-ES land, for a lot, means the part of the lot that is not environmentally sensitive land.

cl 4.4B: Am 2022 (832), Sch 1.2[4]. Subst 2025 (215), Sch 1[2].

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

    to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

    • (i)

      prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

    • (ii)

      prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

    • (iii)

      require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

  • (a)

    if the proposed development is to be carried out on only one lot, the area of that lot, or

  • (b)

    if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

  • (a)

    land on which the proposed development is prohibited, whether under this Plan or any other law,

  • (b)

    community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

  • (a)

    natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

  • (b)

    artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

  • (a)

    facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

  • (b)

    facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

  • (c)

    wharves for commercial fishing operations,

  • (d)

    refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

  • (e)

    sea walls or training walls,

  • (f)

    administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2020 (69), Sch 1.3[2]; 2022 (832), Sch 1.2[43] [44]; 2023 (83), Sch 1.3[1] [2]; 2025 (215), Sch 1[3].

Maps: Am 2017 (610), cl 4; 2018 (126), cl 4; 2018 (722), cl 4; 2019 (294), cl 4; 2019 (352), cl 4; 2021 (139), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Blue Mountains Local Environmental Plan 2015 (829). LW 21.12.2015. Date of commencement, 8 weeks after publication on LW, cl 1.1AA. This Plan has been amended as follows—

2016

(43)

Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016.

Date of commencement, 27.1.2016, cl 2.

(126)

Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016.

Date of commencement, on publication on LW, cl 2.

(309)

Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016.

Date of commencement, 56 days after publication on LW, cl 2.

2017

(453)

Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017.

Date of commencement, 25.8.2017, cl 2.

(492)

Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

(493)

State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

(610)

Blue Mountains Local Environmental Plan 2015 (Amendment No 4). LW 3.11.2017.

Date of commencement, on publication on LW, cl 2.

2018

(10)

Blue Mountains Local Environmental Plan 2015 (Amendment No 9). LW 19.1.2018.

Date of commencement, on publication on LW, cl 2.

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(126)

Blue Mountains Local Environmental Plan 2015 (Amendment No 8). LW 6.4.2018.

Date of commencement, on publication on LW, cl 2.

(154)

Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018.

Date of commencement, on publication on LW, cl 2.

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.

(404)

Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(405)

Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(406)

State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(477)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018.

Date of commencement, 31.8.2018, cl 2.

(488)

State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018.

Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1).

No 46

Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018.

Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.

(717)

Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018.

Date of commencement, 10.12.2018, cl 2.

(722)

Blue Mountains Local Environmental Plan 2015 (Amendment No 3). LW 14.12.2018.

Date of commencement, on publication on LW, cl 2.

2019

(82)

Blue Mountains Local Environmental Plan 2015 (Amendment No 7). LW 15.2.2019.

Date of commencement, on publication on LW, cl 2.

(133)

Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(137)

State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(294)

Blue Mountains Local Environmental Plan 2015 (Amendment No 1). LW 28.6.2019.

Date of commencement, on publication on LW, cl 2.

(344)

Blue Mountains Local Environmental Plan 2015 (Amendment No 10). LW 19.7.2019.

Date of commencement, on publication on LW, cl 2.

(352)

Blue Mountains Local Environmental Plan 2015 (Amendment No 6). LW 19.7.2019.

Date of commencement, on publication on LW, cl 2.

(620)

Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019.

Date of commencement, 15.1.2020, cl 2.

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Schs 3 and 5, 15.1.2020, cl 2(1).

2020

(69)

State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020.

Date of commencement, 1.3.2020, cl 2.

(155)

Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020.

Date of commencement, on publication on LW, cl 2.

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

(636)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020.

Date of commencement, 28.10.2020, cl 2.

No 40

Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020.

Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.

(762)

Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020.

Date of commencement, 1.2.2021, cl 2.

2021

(121)

Blue Mountains Local Environmental Plan 2015 (Amendment No 11). LW 19.3.2021.

Date of commencement, on publication on LW, cl 2.

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

(139)

Blue Mountains Local Environmental Plan 2015 (Amendment No 5). LW 26.3.2021.

Date of commencement, on publication on LW, cl 2.

(175)

State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021.

Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2.

(225)

State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(226)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(301)

Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, cl 2.

(650)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021.

Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.

(711)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021.

Date of commencement, on publication on LW, cl 2.

(714)

State Environmental Planning Policy (Housing) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

(71)

Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022.

Date of commencement, 9.3.2022, cl 2.

(72)

State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022.

Date of commencement, on publication on LW, sec 2.

(216)

Blue Mountains Local Environmental Plan 2015 (Amendment No 14). LW 13.5.2022.

Date of commencement, on publication on LW, cl 2.

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, cl 2.

(628)

Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, cl 2.

(832)

State Environmental Planning Policy Amendment (Land Use Zones) 2022. LW 16.12.2022.

Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2023 (188). LW 21.4.2023. Date of commencement, on publication on LW, cl 2. Sch 1.2[25] was not commenced and was repealed by Inner West Local Environmental Plan Amendment (Land Use Zones) 2023 (188), Sch 1.1.

2023

(83)

State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023.

Date of commencement, 1.5.2023, sec 2.

(458)

State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023.

Date of commencement, on publication on LW, sec 2.

(522)

Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, cl 2.

(523)

State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023.

Date of commencement, 4.3.2024, sec 2.

(608)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023.

Date of commencement, on publication on LW, cl 2.

(609)

State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023.

Date of commencement, on publication on LW, sec 2.

2024

(42)

State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024.

Date of commencement, on publication on LW, sec 2.

(145)

Blue Mountains Local Environmental Plan 2015 (Amendment No 16). LW 10.5.2024.

Date of commencement, on publication on LW, cl 2.

(482)

Blue Mountains Local Environmental Plan 2015 (Amendment No 22). LW 13.9.2024.

Date of commencement, on publication on LW, cl 2.

2025

(215)

Blue Mountains Local Environmental Plan 2015 (Amendment No 20). LW 16.5.2025.

Date of commencement, on publication on LW, cl 2.

(244)

Blue Mountains Local Environmental Plan 2015 (Amendment No 19). LW 30.5.2025.

Date of commencement, on publication on LW, cl 2.

(477)

Blue Mountains Local Environmental Plan 2015 (Amendment No 23). LW 5.9.2025.

Date of commencement, on publication on LW, cl 2.

(511)

Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025.

Date of commencement, on publication on LW, cl 2.

(575)

Blue Mountains Local Environmental Plan 2015 (Amendment No 21). LW 24.10.2025.

Date of commencement, on publication on LW, cl 2.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.8A

Am 2019 (621), Sch 5[1]; 2020 (69), Sch 1.3[1]; 2023 (609), Sch 2.1; 2024 (482), Sch 1.

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Cl 2.1

Am 2018 (722), Sch 1 [1]; 2022 (832), Sch 1.2[1].

Land Use Table

Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (722), Sch 1 [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (832), Sch 1.2[2] [3]; 2023 (458), Sch 2.9.

Cl 4.1

Am 2022 (832), Sch 1.2[4].

Cl 4.1AA

Am 2022 (832), Sch 1.2[4].

Cl 4.1A

Am 2022 (832), Sch 1.2[4] [5].

Cl 4.1B

Am 2022 (832), Sch 1.2[6] (subst 2023 (82), Sch 1.1[1]); 2024 (145), Sch 1[1]–[5].

Cl 4.1E

Am 2022 (832), Sch 1.2[4] [5]; 2025 (215), Sch 1[1].

Cl 4.1F

Am 2022 (832), Sch 1.2[5].

Cl 4.1G

Am 2019 (344), Sch 1 [1]–[7]; 2022 (832), Sch 1.2[4] [7] [8].

Cl 4.3A

Am 2018 (722), Sch 1 [3]; 2019 (352), Sch 1 [1]; 2022 (832), Sch 1.2[4].

Cl 4.4A

Am 2017 (610), Sch 1 [1]–[6]; 2022 (832), Sch 1.2[4].

Cl 4.4B

Am 2022 (832), Sch 1.2[4]. Subst 2025 (215), Sch 1[2].

Cl 4.6

Am 2019 (344), Sch 1 [8]; 2022 (832), Sch 1.2[4] [5] [9] [10] (am 2023 (82), Sch 1.1[2]).

Cl 5.1

Am 2022 (832), Sch 1.2[4].

Cl 5.4

Am 2018 (406), Sch 1.15 [1] [2].

Cl 5.5

Subst 2021 (714), Sch 11.4.

Cl 5.24

Subst 2023 (458), Sch 1[4].

Cl 5.25

Subst 2023 (458), Sch 1[4].

Cl 6.1

Am 2017 (610), Sch 1 [7].

Cl 6.10

Rep 2021 (225), Sch 1.

Cl 6.11

Am 2023 (609), Sch 2.4.

Cl 6.15

Am 2022 (832), Sch 1.2[11].

Cl 6.16

Am 2022 (72), Sch 1.11[1].

Cl 6.17

Am 2022 (832), Sch 1.2[5].

Cl 6.18

Am 2019 (82), cl 4. Rep 2019 (352), Sch 1 [2].

Cl 6.20

Am 2022 (832), Sch 1.2[12] (am 2023 (82), Sch 1.1[3]).

Cl 6.22

Am 2022 (72), Sch 1.11[2] [3].

Cl 6.23

Am 2022 (832), Sch 1.2[11]; 2024 (42), Sch 1.7[1].

Cl 6.24

Am 2022 (72), Sch 1.11[4]; 2023 (523), Sch 1.1[1] [2].

Cl 6.25

Am 2021 (121), Sch 1[1]–[4]; 2022 (832), Sch 1.2[11]; 2024 (42), Sch 1.7[2].

Cl 6.26

Am 2022 (832), Sch 1.2[13] (am 2023 (82), Sch 1.1[4]) [14] [15].

Cl 6.27

Am 2022 (832), Sch 1.2[16].

Cl 6.28

Am 2017 (610), Sch 1 [8]; 2022 (832), Sch 1.2[11].

Cl 6.29

Rep 2021 (175), Sch 2.2.

Cl 6.30

Am 2022 (832), Sch 1.2[11].

Cl 6.31

Am 2017 (493), Sch 1.2 [1]; 2022 (832), Sch 1.2[17].

Cl 7.2

Am 2018 (722), Sch 1 [4]; 2022 (832), Sch 1.2[11] [18].

Cl 7.3

Am 2022 (832), Sch 1.2[19] (am 2023 (82), Sch 1.1[5]) [20] (am 2023 (82), Sch 1.1[6] [7]).

Cl 7.3A

Ins 2022 (832), Sch 1.2[21] (am 2023 (82), Sch 1.1[8]).

Cl 7.4

Am 2022 (832), Sch 1.2[22].

Cl 7.5

Am 2022 (832), Sch 1.2[23] [24].

Cl 7.6

Am 2018 (722), Sch 1 [5]; 2019 (352), Sch 1 [3]; 2022 (216), cl 5; 2022 (832), Sch 1.2[11] [26] (am 2023 (82), Sch 1.1[9]) [27] (am 2023 (82), Sch 1.1[10]).

Cl 7.7

Am 2022 (832), Sch 1.2[11] [28] [29].

Cl 7.8

Am 2018 (722), Sch 1 [6]; 2022 (832), Sch 1.2[11] [30].

Cl 7.9

Subst 2018 (722), Sch 1 [7]. Am 2022 (832), Sch 1.2[11].

Cl 7.9A

Ins 2022 (832), Sch 1.2[31].

Cl 7.10

Am 2022 (832), Sch 1.2[32].

Cl 7.11

Am 2022 (832), Sch 1.2[33] (am 2023 (82), Sch 1.1[9]) [34].

Cl 7.11A

Ins 2022 (832), Sch 1.2[35].

Cl 7.11B

Ins 2022 (832), Sch 1.2[35].

Cl 7.12

Am 2022 (832), Sch 1.2[36].

Cl 7.13

Am 2022 (832), Sch 1.2[37].

Cl 7.14

Ins 2019 (294), Sch 1 [1]. Am 2022 (832), Sch 1.2[38].

Part 8 (cl 8.1)

Ins 2018 (722), Sch 1 [8].

Sch 1

Am 2017 (610), Sch 1 [9]; 2018 (10), cl 4; 2018 (722), Sch 1 [9]; 2019 (344), Sch 1 [9]; 2021 (121), Sch 1[5] [6]; 2022 (832), Sch 1.2[39] [40].

Sch 2

Am 2021 (121), Sch 1[7]; 2022 (72), Sch 1.11[5]; 2022 (832), Sch 1.2[41] [42].

Sch 4

Am 2025 (244), Sch 1; 2025 (575), Sch 1[1] [2].

Sch 5

Am 2017 (610), Sch 1 [10] [11]; 2019 (294), Sch 1 [2]; 2019 (352), Sch 1 [4]–[6]; 2021 (139), Sch 1; 2025 (477), Sch 1.

Dictionary

Am 2020 (69), Sch 1.3[2]; 2022 (832), Sch 1.2[43] [44]; 2023 (83), Sch 1.3[1] [2]; 2025 (215), Sch 1[3].

Maps

Am 2017 (610), cl 4; 2018 (126), cl 4; 2018 (722), cl 4; 2019 (294), cl 4; 2019 (352), cl 4; 2021 (139), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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