Blue Mountains Local Environmental Plan (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Blue Mountains Local Environmental Plan No 4.

2Aims, objectives etc

This plan aims to promote the orderly and economic development of the City of Blue Mountains in a manner consistent with the need to protect the environment, and to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 2: Am 2020 (724), Sch 1.3.

3Land to which this plan applies

This plan applies to certain land within the City of Blue Mountains, being that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 4”.

cl 3: Am 27.12.1991. Subst 2005 (633), cl 3 (1).

4Relationship to other environmental planning instruments

This plan repeals—

(a)
Interim Development Order No 28—City of Blue Mountains, and
(b)
Blue Mountains Local Environmental Plans Nos 1, 2, 3, 5, 6 and 7.

5Arrangement

This plan is divided as follows—

•
Part 1—Preliminary—cll 1–8
•
Part 2—General restrictions on development of land—cl 9
•
Part 3—Special provisions—cll 10–61
- •
  Division 1—Dwelling-houses and Boarding-houses—cll 10–14
- •
  Division 2—Residential Flat Buildings—cll 15–20
- •
  Division 3—Business and Commercial Uses—cll 21–29
- •
  Division 4—Rural Uses—cll 30, 31
- •
  Division 5—Subdivision of Land—cll 32–35
- •
  Division 6—Building and Development Generally—cll 36–47
- •
  Division 7—Roads—cll 48, 49
- •
  Division 8—Development in Escarpment Preservation Areas—cll 50–55
- •
  Division 9—Development on Reserved Land—cll 56, 57
- •
  Division 10—Other uses and General—cll 58–61
•
Schedules

6Interpretation(1)

In this plan except in so far as the context or subject-matter otherwise indicates or requires—

appointed day means the day on which this plan takes effect.

arterial road includes—

(a)
any proposed road indicated on the map by a broken red band between broken black lines, and
(b)
any proposed widening of an existing road indicated on the map by a broken red band between a firm black line and a broken black line.

community centre means—

(a)
a public library, rest rooms or meeting rooms owned or leased by the council, and
(b)
a building or place so owned or leased and used for—
- (i)
  the provision of public health services or other like services, or
- (ii)
  indoor recreation, child minding or other like activities.

community land means land classified as community land within the meaning of the Local Government Act 1993.

council means the Council of the City of Blue Mountains.

escarpment preservation area means land shown on the map by black cross-hatching.

guest house means a building used for the purpose of providing guest accommodation and may include a refreshment room, but does not include a boarding-house, holiday cabin, motel or residential flat building.

holiday cabin means a dwelling used, constructed or adapted to be used for the provision of holiday accommodation only, being one of a group of similar dwellings erected on an allotment of land or allotments of land in the same ownership.

operational land means land classified as operational land within the meaning of the Local Government Act 1993.

plant depot means a building or place used for the parking or servicing of moveable plant by the owner or lessee of that building or place in the pursuit of an occupation or business carried on by him at some other location.

reception establishment means a building or place used for the purpose of gain, for social functions or receptions and the like.

recreation area means—

(a)
a children’s playground,
(b)
an area used for sporting activities or sporting facilities,
(c)
an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community,
(d)
an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or showground.

residential flat building Class 1 means a residential flat building containing 2 or more dwellings in a group such as are commonly known as group houses, villa homes, town houses, terrace buildings and the like.

retirement village means housing in the form of a group of residential flat buildings which are intended to be used as a permanent residence for persons aged 55 years or over.

storey means a floor of a building other than—

(a)
a floor used principally for storage, or
(b)
a floor used wholly or partly for parking.

the map means the map marked “Blue Mountains Local Environmental Plan No 4”, as amended by the maps marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

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Blue Mountains Local Environmental Plan No 9
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“Blue Mountains Local Environmental Plan No 10”
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Blue Mountains Local Environmental Plan No 11
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“Blue Mountains Local Environmental Plan No 14”
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“Blue Mountains Local Environmental Plan No 15”
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“Blue Mountains Local Environmental Plan No 16”
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Blue Mountains Local Environmental Plan No 21
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Blue Mountains Local Environmental Plan No 22
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Blue Mountains Local Environmental Plan No 24
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Blue Mountains Local Environmental Plan No 25
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Blue Mountains Local Environmental Plan No 26
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Blue Mountains Local Environmental Plan No 27
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Blue Mountains Local Environmental Plan No 28
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Blue Mountains Local Environmental Plan No 30
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Blue Mountains Local Environmental Plan No 31
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Blue Mountains Local Environmental Plan No 32
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Blue Mountains Local Environmental plan No 34
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Blue Mountains Local Environmental Plan No 35
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Blue Mountains Local Environmental Plan No 36
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Blue Mountains Local Environmental Plan No 39
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Blue Mountains Local Environmental Plan No 40
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Blue Mountains Local Environmental Plan No 42
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Blue Mountains Local Environmental Plan No 43
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Blue Mountains Local Environmental Plan No 44
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Blue Mountains Local Environmental Plan No 45
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Blue Mountains Local Environmental Plan No 46
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Blue Mountains Local Environmental Plan No 47
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Blue Mountains Local Environmental Plan No 48
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Blue Mountains Local Environmental Plan No 51
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Blue Mountains Local Environmental Plan No 52 (other than the land marked “Deferred”)
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Blue Mountains Local Environmental Plan No 53
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Blue Mountains Local Environmental Plan No 54
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Blue Mountains Local Environmental Plan No 55 (except so much of the map so marked as depicts deferred land)
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Blue Mountains Local Environmental Plan No 57
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Blue Mountains Local Environmental Plan No 61
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Blue Mountains Local Environmental Plan No 62
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Blue Mountains Local Environmental Plan No 64
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Blue Mountains Local Environmental Plan No 69
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Blue Mountains Local Environmental Plan No 72
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Blue Mountains Environmental Plan No 74
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Blue Mountains Local Environmental Plan No 77
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Blue Mountains Local Environmental Plan No 79
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Blue Mountains Local Environmental Plan No 81
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Blue Mountains Local Environmental Plan No 87
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Blue Mountains Local Environmental Plan No 89
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Blue Mountains Local Environmental Plan No 94
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Blue Mountains Local Environment Plan No 99
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Blue Mountains Local Environmental Plan No 103
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Blue Mountains Local Environmental Plan No 107
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Blue Mountains Local Environmental Plan No 108 Sheet 1
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Blue Mountains Local Environmental Plan No 112
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Blue Mountains Local Environmental Plan No 117
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Blue Mountains Local Environmental Plan No 119
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Blue Mountains Local Environmental Plan No 123
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Blue Mountains Local Environmental Plan No 132
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Blue Mountains Local Environmental Plan No 136
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Blue Mountains Local Environmental Plan No 142
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Blue Mountains Local Environmental Plan No 144
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Blue Mountains Local Environmental Plan No 147
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Blue Mountains Local Environmental Plan No 148
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Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space)
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Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space) (Amendment No 1)

(2)

In this plan, except in so far as the context or subject-matter otherwise indicates or requires, a reference—

(a)
to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,
(b)
to a map is a reference to a map deposited in the office of the council and a copy of which is deposited in the office of the Department, and
(c)
to land within a zone specified in Column 1 of the Table to clause 9 is a reference to land shown on the map in the manner indicated in that Column of that Table as the means of identifying land of the zone so specified.

(3)

A reference in this plan to a floor of a building is a reference to a floor of a building which is or is proposed to be constructed at a different level from any other floor of the building, but where separate and adjacent levels within a dwelling or dwelling-house are separated by a height of not more than 2 400 millimetres, those levels shall be treated as a single floor.

(4)

The matter “W.S. & D.”, where appearing on the map, means the Metropolitan Water Sewerage and Drainage Board.

(5)

Notes included in this plan do not form part of this plan.

cl 6: Am 8.7.1983; 29.7.1983; 16.12.1983; 23.12.1983; 10.2.1984 (see also 23.3.1984); 19.4.1984; 1.6.1984; 13.7.1984; 7.9.1984; 21.9.1984; 19.10.1984; 1.2.1985; 15.3.1985; 26.4.1985; 31.5.1985; 2.8.1985; 13.12.1985; 28.2.1986; 18.4.1986; 23.5.1986; 18.7.1986; 22.8.1986; 12.9.1986; 9.1.1987; 30.1.1987; 13.2.1987; 27.2.1987; 20.3.1987; 27.3.1987; 10.4.1987; 7.8.1987; 4.9.1987; 11.9.1987; 11.12.1987; 27.5.1988; 1.7.1988; 10.2.1989; 3.3.1989; 14.7.1989; 21.7.1989; 6.10.1989; 8.12.1989; 6.12.1991; 17.7.1992; 6.11.1992; 15.7.1994; 29.7.1994; 9.12.1994; 3.2.1995; 7.2.1997; 24.10.1997; 19.12.1997; 30.4.1999; 10.11.2000; 1.6.2001; 31.5.2002; 11.7.2003; 13.2.2004; 2019 (659), Sch 1.5[1].

7Model Provisions(1)

Subject to subclause (2), the Environmental Planning and Assessment Model Provisions 1980 (in this clause referred to as the Model Provisions), except clauses 7, 8, 15, 16, 17, 28, 30, 33 and 36, are adopted for the purposes of this plan.

(2)

For the purposes of this plan—

(a)
paragraph (a) of the definition of home occupation in clause 4 (1) of the Model Provisions shall be read and construed as if the words “, except where such registration is required by reason only of the installation and use in the dwelling-house or dwelling of not more than 1 electric motor having a capacity of not more than 370 watts” were inserted immediately after the matter “1962”,
(b)
clause 5 of the Model Provisions shall be deemed to be amended—
- (i)
  by omitting clause 5 (2) (c), and
- (ii)
  by inserting after clause 5 (2) the following subclause—
  (2A)
  Where an application referred to in subclause (2) is made to the consent authority, it—
  - (a)
    shall submit to the Traffic Authority of New South Wales particulars of the application forthwith after its receipt by the consent authority, and
  - (b)
    shall not consent to the application unless it has considered any representations made to it by the Traffic Authority of New South Wales within 21 days of the date on which the particulars were submitted to that Authority under paragraph (a).
(c)
the reference in clause 18 of the Model Provisions to the appointed day shall be read and construed as a reference to 27 January 1961, and
(d)
clause 23 of the Model Provisions does not apply to land within Zone No 3 (c).

cl 7: Am 28.2.1986.

8Consent authority

The council is the consent authority for the purposes of this plan.

9AExceptions to development standards(1)

The objectives of this clause are as follows—

(a)
to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)
to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)
compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b)
there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a1) Rural “A1”, Zone 1 (a2) Rural “A2”, Zone 1 (a3) Rural “A3”, Zone 1 (b) Rural “B”, Zone 1 (c1) Rural “C1”, Zone 1 (c2) Rural “C2”, Zone 1 (c3) Rural “C3”, Zone 1 (d) Rural “D” or Zone 7 (e) Environment Protection if—

(a)
the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)
the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

(a)
a development standard for complying development,
(b)
a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 9A: Ins 2019 (659), Sch 1.5[2]. Am 2023 (524), Sch 1.1[1].

9BSavings provisions relating to development applications(1)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

(2)

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.

cl 9B: Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.5[1].

Part 2General restrictions on development of land9Carrying out of development

Except as otherwise provided in this plan, the purposes—

(a)
for which development may be carried out without development consent,
(b)
for which development may be carried out—
- (i)
  only with development consent, but where that consent cannot be refused, and
- (ii)
  subject to such conditions as may be imposed under section 91 of the Act,
(c)
for which development may be carried out only with development consent, and
(d)
for which development is prohibited,

on land within each of the zones specified in Column 1 of the Table to this clause are respectively shown opposite thereto in Columns 2, 3, 4 and 5 of that Table.

Table

Column 1	Column 2	Column 3	Column 4	Column 5
Zone and colour or other indication on the map	Purposes for which development may be carried out without development consent	Purposes for which development may be carried out subject to such conditions as may be imposed under the Act	Purposes for which development may be carried out only with development consent	Purposes for which development is prohibited
RURAL ZONES:
1 (a1) Rural “A1” Light brown.	Agriculture	Any purpose other than those included in Column 3 or 5.	Abattoirs; advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); gas holders; generating works; industries (other than extractive industries, home industries, offensive or hazardous industries or rural industries); motor showrooms; recreation areas; recreation facilities; residential flat buildings; service stations; shops (other than general stores, or kiosks within caravan parks or picnic grounds); stock and sale yards; tourist facilities; transport terminals.
1 (a2) Rural “A2” Light brown with dark red edging and lettered 1 (a2).	Agriculture	Any purpose other than those included in Column 3 or 5.	Advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); industries (other than extractive industries or home industries, offensive or hazardous industries or rural industries); motor showrooms; plant depots; recreation areas; recreation facilities; residential flat buildings; shops (other than general stores, or kiosks within caravan parks or picnic grounds); tourist facilities.
1 (a3) Rural “A3” Light brown with dark red edging and lettered 1 (a3).	Agriculture	Development (other than buildings or structures) ordinarily incidental to dwelling-houses; forestry; landscaping; purposes ancillary or incidental to the use of land as open space; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 2 or 4.
1 (b) Rural “B” Light brown with red edging and lettered 1 (b).	Agriculture	Any purpose other than those included in Column 3 or 5.	Abattoirs; advertising structures; boarding-houses; bulk stores; car repair stations; child care centres; clubs; commercial premises; community centres; educational establishments gas holders; general stores; generating works; guest houses; helipads; heliports; holiday cabins; hospitals; hotels; industries (other than home industries or rural industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; places of public worship; plant depots; professional consulting rooms; public buildings; reception establishments; recreation areas; recreation establishments; recreation facilities refreshment rooms; residential flat buildings; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
1 (c1) Rural “C1” Light brown with red edging and lettered 1 (c1).	Agriculture	Any purpose other than those included in Column 2 or 5.	Abattoirs; advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); gas holders; generating works; heliports; industries (other than home industries or rural industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation areas; recreation facilities; residential flat buildings; sawmills; service stations; shops (other than general stores, or kiosks within caravan parks or picnic grounds); stock and sale yards; tourist facilities; transport terminals.
1 (c2) Rural “C2” Light brown with dark red edging and lettered 1 (c2).	Agriculture	Any purpose other than those included in Column 2 or 5.	Abattoirs; advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); gas holders; generating works; heliports; industries (other than home industries or rural industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation areas; recreation facilities; residential flat buildings; sawmills; service stations; shops (other than general stores, or kiosks within caravan parks or picnic grounds); stock and sale yards; tourist facilities; transport terminals.
1 (c3) Rural “C3”. Light brown with dark red edging and lettered 1 (c3).	Dwelling-houses; general stores; guest houses; home occupations; utility installations (other than gas holders and generating works).	Any purpose other than those included in Column 4.
1 (d) Rural “D”. Light brown with dark red edging and lettered 1 (d).	Any purpose other than those included in Column 5.	Abattoirs; car repair stations; commercial premises; gas holders; generating works; hotels; industries (other than home industries or rural industries); junkyards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); plant depots; residential flat buildings; roadside stalls; sawmills; service stations; shops; stock and sale yards; transport terminals; warehouses.

RESIDENTIAL ZONES:
2 (a1) Residential “A1” Light scarlet.	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); boarding-houses; bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; guest houses; helipads; heliports; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
2 (a2) Residential “A2” Light scarlet with dark red edging and lettered 2 (a2).	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); boarding-houses; bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; guest houses; helipads; heliports; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
2 (b1) Residential “B1” Light scarlet with dark red edging and lettered 2 (b1).	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings Class “1” or residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
2 (b2) Residential “B2” Light scarlet with dark red edging and lettered 2 (b2).	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings Class “1” or residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
2 (c1) Residential “C1” Light scarlet with dark red edging and lettered 2 (c1).	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises (other than those referred to in Schedule 1); extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation establishments; recreation areas; recreation; facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
2 (c2) Residential “C2” Light scarlet with dark red edging and lettered 2 (c2).	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises (other than those referred to in Schedule 1); extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.
2 (d) Residential “D” Light scarlet with dark red edging and lettered 2 (d).	Any purpose other than those included in Column 5.	Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises (other than caravan parks, picnic grounds or purposes referred to in Schedule 1); extractive industries; forestry; gas holders; generating works; heliports; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; parking (other than in association with a permissible use); plant depots; recreation areas; roadside stalls; sawmills; service stations; shops (other than kiosks within caravan parks or picnic grounds) stock and sale yards; tourist facilities; transport terminals; warehouses.
BUSINESS ZONES:
3 (a) Business General. Light blue.	Any purpose other than those included in Column 5.	Abattoirs; agriculture; boarding-houses; caravan parks; car repair stations; dwelling-houses (other than those used in conjunction with commercial premises or shops); educational establishments; extractive industries; forestry; gas holders; generating works; guest houses; hospitals; industries referred to in Schedule 2; institutions; junk yards; liquid fuel depots; mines; plant depots; rag collecting and dealing; recreation areas; recreational establishments; residential flat buildings (other then those constructed over commercial premises or shops); roadside stalls; sawmills; stock and sale yards; transport terminals (other than airline terminals or bus stations).
3 (b) Business Neighbourhood. Dark blue.	Advertising structures; child care centres; commercial premises (other than rag collecting and rag dealing); commercial signs; community centres; drainage; dwelling-houses and dwellings attached to and used in conjunction with commercial premises; purposes referred to in Schedule 3; public buildings; parking in association with a permissible use; purposes ancillary or incidental to the use of land as open space; roads; reception establishments; recreation establishments; recreation facilities; shops; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 4.
3 (c) Business Automotive. Light blue with dark red edging and lettered 3 (c).	Advertising structures; auto electricians’ workshops; automotive spare parts sales; car repair stations; car washing; child care centres; dwelling-houses and dwellings attached to and used in conjunction with a building used for a purpose specified in this Column; home industries; motor showrooms; purposes ancillary or incidental to the use of land as open space; parking in association with a permissible use; roads; service stations; tyre sales; utility installations (other than gas holders or generating works).	Any purpose other than those included on Column 4.
3 (d) Business Special. Light blue with dark red edging and lettered 3 (d).	Advertising structures; commercial premises; commercial signs; dwelling-houses attached to and used in conjunction with a building used for a purpose specified in this Column; health care professional rooms; home industries; home occupations; light industries (other than those referred to in Schedule 2 and having a gross floor area not exceeding 300 square metres); motor showrooms; public buildings; purposes referred to in Schedule 3; shops utility installations; warehouses.	Any purpose other than those included in Column 4.
INDUSTRIAL ZONES:
4 (a) Industrial General. Purple.	Any purpose other than those included in Column 5.	Abattoirs; agriculture; airline terminals; boarding-houses; commercial premises (other than auction rooms, builders supplies, rag collecting and dealing and timber yards); dwelling-houses or dwellings (other than those used in conjunction with an industry and situated on the same land as the industry); educational establishments; extractive industries; forestry; guest houses; hospitals; hotels; institutions; mines; motels; offensive or hazardous industries; places of assembly; places of public worship; reception establishments; recreation areas; recreation establishments; refreshment rooms; roadside stalls; shops (other than those referred to in Schedule 4); stock and sale yards; tourist facilities.
4 (b) Industrial Light. Purple with dark red edging and lettered 4 (b).	Car repair stations; light industry; public buildings; utility installations; warehouses.	Any purpose other than those included in Column 4.
SPECIAL USES ZONES:
5 (a) Special Uses “A” Yellow.	The particular purpose indicated by scarlet lettering on the map.	Any purpose ancillary or incidental to the particular purpose indicated on the map; drainage; roads; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 3 or 4.
5 (b) Special Uses “B” Blue Purple.	Railways; drainage; any purpose ancillary or incidental to the use of land as open space; car parking; roads; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 4.
5 (c) Special Uses “C” Yellow with dark scarlet edging and lettered 5 (c).	Water catchment.	Any purpose ancillary or incidental to water catchment; agriculture; dwelling-houses; drainage; extractive industries; forestry; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 3 or 4.
5 (d) Special Uses “D”. Yellow with dark scarlet edging and lettered 5 (d).	The particular purpose indicated by lettering on the map.	Any purpose other than those included in Column 4.
RECREATION ZONES:
6 (a) Recreation Existing. Dark green.	Agriculture; camping areas; caravan parks; children’s playgrounds; drainage; drill grounds; forestry; gardens; parks; picnic grounds; public baths; public reserves; racecourses; roads; showgrounds; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 4.
6 (b) Recreation Proposed. Light green with dark green edging.	Agriculture; children’s playgrounds; drainage; drill grounds; forestry; gardens; parks; public baths; public reserves; roads; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 4.
6 (c) Recreation Private. Dark green with yellow edging.	Bowling greens; golf courses; recreation areas; recreation establishments; recreation facilities; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 4.
6 (d) Recreation Special Purposes (National Park). Uncoloured with dark green edging.	Aboriginal areas; historic sites; national parks; nature reserves; State recreation areas.	Any purpose other than those included in Column 3.
6 (e) Recreation (Special Purposes). Dark green and lettered 6 (e).	Bushfire hazard control, gardening and landscaping (which does not involve the erection of buildings).	Bushfire hazard control, gardening and landscaping (which involves the erection of buildings); clubs; drainage; educational establishments; places of assembly; racecourses; recreation areas; recreation establishments; recreation facilities; refreshment rooms; tourist facilities.	Any purpose other than those included in Column 2 or 4.
7 (e) Environment Protection. Orange with dark red edging and lettered 7 (e).	Landscaping; roads; utility installations (other than gas holders and generating works).	Any purpose other than those included in Column 4.
RESERVATIONS:
9 (a) Special Purposes Reservation. Yellow with green edging and scarlet lettering.	The particular purpose indicated by scarlet lettering on the map.	Any purpose ordinarily incidental or subsidiary to the purpose referred to in Column 3; drainage; open space; roads; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 3 or 4.
9 (b) Arterial Roads. Reservation. Red and white bands between (i) a firm black line and a broken black line, or (ii) broken black lines.	Arterial roads; arterial road widening.	Drainage, utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 2 or 4.
9 (c) Local Roads. Grey between (i) a firm black line and a broken black line, or (ii) broken black line.	Local roads; local road widening.	Drainage; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 2 or 4.
9 (d) Local Open Space. Reservation. Light green.	Public parks and public recreation.	Children’s playgrounds; drainage; drill grounds; gardens; public baths; roads; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works).	Any purpose other than those included in Column 2 or 4.
9 (e) Regional Open Space. Uncoloured with black edging and lettered “R”.	Bushfire hazard reduction works; bushland regeneration; drainage works; picnic facilities; roads; utility installations; walking tracks.	Any purpose other than those included in Column 4.

cl 9, table: Am 1.6.1984; 13.7.1984; 21.9.1984; 28.2.1986; 23.5.1986; 12.9.1986; 13.2.1987; 11.12.1987; 14.7.1989; 20.6.1997.

Part 3Special provisionsDivision 1Dwelling-houses and boarding-houses10Dwelling-houses in Zone No 1 (a1), 1 (a2), 1 (b), 1 (c2), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), or 2 (d)(1)

Except as provided by subclauses (3) and (4), a person shall not erect a dwelling-house on an allotment of land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c2), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), unless that allotment—

(a)
is an allotment created by a subdivision, consent to which has been given in accordance with clause 32,
(b)
is an allotment created after the appointed day in accordance with a subdivision approved before that day,
(c)
being an allotment of land within Zone No 1 (c2), is an allotment created by the amalgamation of all adjoining allotments of land held in the same ownership at 22 August 1980, into a single allotment.

(2)

A person shall not, without the consent of the council, erect a dwelling-house on an allotment of land within Zone No 1 (c1) unless that allotment has an area of not less than 2 000 square metres and a frontage of not less than 32 metres.

(3)

One dwelling-house may, with the consent of the council, be erected on each allotment within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), where the allotment was in existence immediately before the appointed day.

(4)

Nothing in this clause operates to prohibit the erection, with the consent of the council of a second dwelling-house on any land on which a dwelling-house is already erected if the firstmentioned dwelling-house is intended to wholly replace the secondmentioned dwelling-house.

cl 10: Am 1.6.1984; 23.5.1986; 2005 No 98, Sch 2.6 [1].

10ADwelling-houses—certain land(1)

This clause applies to land contained in DP 23365 and DP 27617, Heather Glen Road, Winmalee, as shown by distinctive colouring on the map marked “Blue Mountains Local Environmental Plan No 16” deposited in the office of the council.

(2)

Notwithstanding the provisions of clause 10 (2), a person may, with the consent of the council, erect a dwelling-house on an allotment of land to which this clause applies which is less than 2 000 square metres in area and has a frontage of less than 32 metres; provided that allotment is one allotment held in single ownership as at 5 July 1983.

cl 10A: Ins 23.12.1983.

10BWhat is exempt and complying development?(1)

Development of minimal environmental impact listed in Schedule 1 to Development Control Plan No 33 as adopted by the Council on 24 August 1999 is exempt development, despite any other provision of this plan.

(2)

Development listed in Schedule 2 to Development Control Plan No 33 as adopted by the Council on 24 August 1999 is complying development if—

(a)
it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)
it is not an existing use, as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 33 as adopted by the Council on 24 August 1999.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 33 adopted by the Council, as in force when the certificate is issued.

cl 10B: Ins 27.10.2000.

11Boarding-houses

A boarding-house shall not be erected or used on any allotment of land which—

(a)
being an allotment of land within Zone No 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), has—
- (i)
  an area of less than 1 000 square metres,
- (ii)
  a depth of less than 28 metres, and
- (iii)
  a width at the front alignment of the building of less than 18.5 metres, or
(b)
being an allotment of land within Zone No 1 (a1), 1 (a2), 1 (c1) or 1 (c2), as an area of less than 4 hectares.

11ABed and breakfast establishments(1)

In this clause—

bed and breakfast establishment means a dwelling-house used by its permanent residents (including the owner) to provide short-term paid accommodation (which may include meals) and includes ancillary buildings within the curtilage of the dwelling-house.

(2)

Short-term accommodation shall be provided at a bed and breakfast establishment for no more than six visitors at any one time.

(3)

A dwelling-house must not be used as a bed and breakfast establishment unless it is connected to a reticulated sewerage system.

(4)

Notwithstanding any other provision of this plan, a person may, with the consent of the council, carry out development of a dwelling-house for the purpose of a bed and breakfast establishment.

cl 11A: Ins 3.9.1993.

12Exhibition homes(1)

Subject to subclause (2), a dwelling-house erected on land within Zone No 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), or 2 (d) may be used as an exhibition home, but only with the consent of the council.

(2)

The council shall not grant consent as referred to in subclause (1) in respect of a dwelling-house erected on land having a major road frontage.

13Rural workers’ dwellings(1)

In this clause, rural workers’ dwellings means dwelling-houses used for the accommodation of persons employed or engaged for the purposes of agriculture by the owner of an allotment of land within Zone No 1 (a1), 1 (a2), 1 (c2) or 1 (d).

(2)

Notwithstanding clause 10, the council may consent to the erection of more than one dwelling-house on an allotment of land referred to in subclause (1), but only where the additional dwelling-houses are rural workers’ dwellings.

(3)

The number of dwelling-houses erected on an allotment of land referred to in subclause (1) shall not exceed the dividend arrived at by dividing the are of the allotment in hectares by 10 and ignoring any reminder.

cl 13: Am 23.5.1986.

(Repealed)

cl 14: Am 1.6.1984; 23.5.1986. Rep 19.6.1987.

Division 2Residential flat buildings15Residential flat buildings in Zone No 2 (b1) or 2 (b2)

A residential flat building Class 1 shall not be erected or used on land within Zone No 2 (b1) or 2 (b2) which has—

(a)
an area of less than 700 square metres,
(b)
a depth of less than 28 metres, and
(c)
a width of the front alignment of the building of less than 20 metres.

16Residential flat buildings in Zone No 2 (c1), 2 (c2) or 2 (d)

A residential flat building shall not be erected or used on land within Zone No 2 (c1), 2 (c2) or 2 (d) which has in the case of—

(a)
a single storey building—
- (i)
  an area of less than 700 square metres,
- (ii)
  a depth of less than 30.5 metres, and
- (iii)
  a width at the front alignment of the building of less than 18.5 metres, or
(b)
a two-storey building—
- (i)
  an area of less than 1 000 square metres,
- (ii)
  a depth of less than 30.5 metres, and
- (iii)
  a width at the front alignment of the building of less than 21.5 metres.

17Height restriction on residential flat buildings

A person shall not erect on land a residential flat building having a height of more than—

(a)
in the case of land within Zone No 2 (b1)—1 storey,
(b)
in the case of land within Zone No 2 (b2), 2 (c1), 2 (c2), or 2 (d)—2 storeys.

18Provision of services

No development for the purposes of a residential flat building shall be carried out on any land until a reticulated water supply and sewerage service os available to that land.

19Residential flat buildings—density control(1)

In this clause—

landscaped area, in relation to a site area, means that part of the site area not occupied by any building or buildings, except for swimming pools or open air recreation facilities, which part is to be predominantly landscaped by way of the planting of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site area, but does not include so much of the site area as is used for driveways, parking areas, drying yards or private courtyards.

(2)

The council shall not consent to the erection or use of a residential flat building on land within a zone specified in Column 1 of the Table to this clause unless the area of the site area of the allotment is not less than the area calculated by multiplying the number of dwellings contained in the residential flat building by the area specified opposite that zone in Column 2 of that Table.

(3)

The council shall not consent to the erection or use of a residential flat building on land within a zone specified in Column 1 of the Table to this clause unless the area of the landscaped area of the allotment is not less than the area calculated by multiplying the number of dwellings contained in the residential flat building by the area specified opposite that zone in Column 3 of that Table.

Table

Column 1	Column 2	Column 3
Zone	Site area in respect of each dwelling in a residential flat building (in square metres)	Landscaped area in respect of each dwelling in a residential flat building (in square metres)
2 (b1)	400	190
2 (b2)	380	180
2 (c1)	260	120
2 (c2)	200	90
2 (d)	200	90

20Residential flat buildings—parking(1)

A residential flat building (other than units for aged persons) shall not be erected or used, unless provision is made within the site for—

(a)
a number of parking spaces calculated at the rate of 1.75 parking spaces, each space being not less than 5.5 metres by 2.6 metres, for each dwelling within the building, and
(b)
proper vehicular access to each parking space.

(2)

In the case of units for aged persons, there shall be provided as many parking spaces, each having dimensions of not less than 5.5 metres by 2.6 metres, as the council may require, having regard to the location of the building in relation to public transport and the availability of alternative car parking facilities, being not less than one such space for each 10 dwellings, but the council may not require the provision of more than one such space for each 5 dwellings.

Division 3Business and commercial uses21Advertising structures

The council may, on land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2), 1 (c3) or 1 (d), erect advertising structures if the structures are designed for the purpose of directing the travelling public to tourist areas.

cll 21: Am 1.6.1984; 23.5.1986.

22Commercial development in Zone No 2 (c1), 2 (c2) or 2 (d)

Notwithstanding the provisions of Part 2, the council shall not consent to the carrying out, on land within Zone No 2 (c1), 2 (c2) or 2 (d), of development for the purpose referred to in Schedule 1, if in the opinion of the council, the development will involve—

(a)
interference with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,
(b)
the display of goods, whether in a window or otherwise,
(c)
the exhibition of any notice, advertisement or sign, other than a notice or sign not exceeding 0.8 square metre in size exhibited on a building to indicate the name and occupation of the occupier of that building, or
(d)
the employment of more than 3 persons.

23General stores

A general store shall not be erected or used on land within Zone No 1 (a1), 1 (a2), 1 (c1), 1 (c2), 1 (c3) or 1 (d), unless that land is distant more than 1 600 metres from any building being lawfully used for the purposes of a general store and from land in respect of which the council has approved the erection of a general store, where that approval is still in force.

cll 23: Am 1.6.1984; 23.5.1986.

24Holiday cabins(1)

The council shall not consent to the erection or use of holiday cabins unless—

(a)
it is satisfied that those holiday cabins will be available for use for temporary accommodation only, and
(b)
those holiday cabins have a common access to a public road.

25Hotels

A hotel shall not be erected on a site of land within—

(a)
Zone No 1 (a1), 1 (a2), 1 (c1) or 1 (c2), if the site has an area of less than 4 hectares, or
(b)
Zone No 2 (d) or 3 (a), if the site has—
- (i)
  an area of less than 6 000 square metres, and
- (ii)
  a frontage to any road of less than 38 metres.

26Motels—minimum site areas

A person shall not carry out development for the purpose of a motel on any land which has an area—

(a)
in the case of land within Zone No 1 (a1), 1 (a2), 1 (c1) or 1 (c2), of less than 4 hectares,
(b)
in the case of land within Zone No 2 (c1), 2 (c2) or 2 (d), of less than 1 400 square metres, or
(c)
in the case of land within Zone No 3 (a), of less than 1 000 square metres.

27Motels—other site requirements(1)

This clause applies to development for the purpose of a motel on land within Zone No 2 (c1), 2 (c2) or 2 (d).

(2)

A motel containing—

(a)
1 storey, shall not occupy more than 25 per cent of the site area, or
(b)
2 or more storeys, shall not occupy more than 20 per cent of the site area.

(3)

Subject to subclause (4), a person shall not erect or use a motel on any site if the distance between a wall of any building on the site and the side or rear boundary of the site is less than 3 metres.

(4)

The minimum distance referred to in subclause (3) between—

(a)
a side wall of a building on a site and the side boundary of the site, or
(b)
the rear wall of a building on a site and the rear boundary of the site,

shall be deemed to be increased by a distance equivalent to one-third of the distance, if any, by which the height of that wall exceeds 3 metres.

28Motels—density controls(1)

This clause applies to development for the purpose of a motel on land within Zone No 2 (c1), 2 (c2) or 2 (d).

(2)

The maximum number of residential units that may be contained in a motel erected on land to which this clause applies shall not exceed the highest whole number calculated at the following rate applicable in respect of the motel—

(a)
if the motel consists of a single storey building, one unit for each 140 square metres of the site area, or
(b)
if the motel consists of a building having more than one storey, one unit for each 120 square metres of the site area.

29Service stations and car repair stations

A person shall not carry out development for the purposes of a service station or a car repair station on land having an area of less than 1 000 square metres.

Division 4Rural uses30Rural uses(1)

Except as provided by subclause (2), a person shall not use land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2), 1 (c3) or 1 (d), for a purpose included in Column 4 of the Table to clause 9 with respect to that zone, unless that land has an area of not less than 4 hectares.

(2)

Subclause (1) does not operate to prohibit the use of land within a zone specified in that subclause for the purpose of a community centre, child care centre, dwelling-house, guest house, home industry, home occupation, plant nursery, professional consulting rooms, public buildings, public purposes, refreshment rooms, roadside stalls, utility installations, any purpose ancillary or incidental to the use of that land as open space or the purpose of agriculture.

cl 30: Am 1.6.1984; 23.5.1986; 11.12.1987.

31Restrictions on building etc in Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2) or 1 (d)

A person shall not erect a building or carry out a work on land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2) or 1 (d), for the purpose of goat keeping, pig-keeping, poultry farming, animal boarding, animal breeding or animal training establishments or veterinary establishments, without the consent of the council.

cl 31: Am 23.5.1984.

Division 5Subdivision of land32General restriction on subdivision

A person shall not subdivide land to which this plan applies without the consent of the council.

33Subdivision in certain zones(1)

This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (b), 2 (a1), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d).

(2)

The council may consent to the subdivision of land only if, in the case of land within—

(a)
Zone No 1 (a1) or 1 (b), each separate allotment created thereby has—
- (i)
  an area of not less than 40 hectares,
- (ii)
  a ratio of depth to frontage satisfactory to the council, and
- (iii)
  in the case of land within Zone No 1 (b) which has a frontage to a main or an arterial road, a frontage of not less than 300 metres,
(b)
Zone No 1 (a2), each separate allotment created thereby has—
- (i)
  an area of not less than 120 hectares, and
- (ii)
  a ratio of depth to frontage satisfactory to the council, or
(c)
Zone No 2 (a1), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), each separate allotment created thereby has—
- (i)
  if the allotment is not hatchet-shaped, an area of not less than 700 square metres,
- (ii)
  if the allotment is hatchet-shaped, an area of not less than 1 100 square metres,
- (iii)
  a ratio of depth to frontage satisfactory to the council, and
- (iv)
  a frontage of not less than 18.5 metres.

(3)

Notwithstanding subclause (2) (a), the council may consent to the subdivision of land within Zone No 1 (a1) shown edged blue on the map into allotments of not less than 8 000 square metres if those allotments have ratio of depth to frontage satisfactory to the council.

(4)

Notwithstanding subclause (2) (c), the council shall not consent to the subdivision of land within Zone No 2 (a1) shown edged blue on the map into allotments of less than 1 160 square metres.

(5)

For the purposes of subclause (2) (c) (ii), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.

34Further restriction on certain land within Zone No 1 (a3), 1 (c1), 1 (c2), 1 (c3), 2 (a2) or 7 (e)

The council shall not consent to the subdivision of land within Zone No 1 (a3), 1 (c1), 1 (c2), 1 (c3), 2 (a2) or 7 (e).

cl 34: Am 1.6.1984; 4.9.1987.

34ASubdivision within Zone No 9 (e)

The council shall not consent to the subdivision of land within Zone No 9 (e) unless the subdivision is for the purpose of consolidation or boundary adjustment.

cl 34A: Ins 13.2.1987.

35Consent not required in certain cases(1)

In this clause, existing holding means—

(a)
except as provided by paragraph (b)—the area of a lot, portion or parcel of land as it was at the appointed day, or
(b)
where, as at the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels as they were as at the appointed day.

(2)

Nothing in this plan prevents the subdivision of land for any one or more of the following purposes—

(a)
to open a public road (not involving the creation of an allotment referred to in clause 33),
(b)
to enlarge the area of an existing holding by amalgamating that existing holding with one or more other existing holdings,
(c)
to consolidate allotments of land within Zone No 1 (c1) into allotments of not less than 2 000 square metres, or
(d)
to consolidate a number of contiguous existing holdings within Zone No 1 (c2) into a single allotment.

35ASubdivision of certain land at Winmalee(1)

This clause applies to the land shown within Zone No 1 (d) on the map marked “Blue Mountains Local Environmental Plan No 36”.

(2)

The council may consent to the subdivision of the land to which this clause applies only if—

(a)
in the case of the land being Portions 76–82, Part Portions 83 and 84, and Lots 1 and 2, Deposited Plan 564595, situated west of the intersection of Singles Ridge Road and Heather Glen Road—each allotment created thereby has a road frontage of not less than 50 metres, and
(b)
in the case of any other land to which this clause applies—each allotment created thereby has a road frontage of not less than 70 metres.

cl 35A: Ins 23.5.1986 (see also 5.9.1986).

Division 6Building and development generally36Building lines along main or arterial roads(1)

Except as provided by subclause (2), a building shall not, on land which is within a zone specified in Column 1 of the Table to this clause and which has a frontage to a main or an arterial road, be erected within the distance, specified in Column 2 of that Table opposite that zone, from the alignment or proposed alignment, as shown on that map, of the main or arterial road.

Table

Column 1	Column 2
Zone	Distance (in metres) from alignment or proposed alignment
1 (b)	30
2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), 2 (d), 4 (a) or 4 (b)	18

(2)

The council may, if in its opinion—

(a)
the exceptional physical characteristics of the site render it necessary or expedient so to do, or
(b)
no traffic hazard or situation of ribbon development is or is likely to be created thereby,

consent to the erection on land of a building at a distance, in the case of land—

(c)
within Zone No 1 (b), of not less than 10 metres, or
(d)
being land other than land within Zone No 1 (b), 3 (a), 3 (b) or 3 (c), of not less than 8 metres,

from the nearest alignment or proposed alignment of a main or arterial road.

cl 36, table: Am 1.6.1984.

37Use of land differently zoned(1)

Where one part of an allotment of land is within one zone and another part is within another zone, the council may, notwithstanding any provision of this plan to the contrary, consent to the use of one such part for the purposes of access to the other part.

(2)

Subclause (1) does not apply to an allotment of land having a major road frontage.

38Floor space of buildings(1)

In this clause—

Blaxland West means that part of the Town of Blaxland bounded by the Great Western Highway, Station, Hope and View Streets.

building, in relation to land within Zone No 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), does not include a dwelling-house or residential flat building.

site means the land the subject of a development application, including any part of the land reserved or dedicated for a public purpose.

(2)

The ratio of the total floor space of any building or buildings erected or proposed to be erected on land within a zone, specified in Column 1 of the Table to this clause, to the site area of that land shall not exceed the ratio set out opposite that zone in Column 2 of the Table.

Table

Column 1	Column 2
Zone	Floor space ratio
2 (a1), 2 (b1) or 2 (a2)	0.35:1
2 (b2) or 2 (c1)	0.6:1
2 (c2) or 2 (d)	0.75:1
3 (a) at Katoomba or Springwood	2:1
3 (a) except at Katoomba, Springwood or Blaxland West	1:1
3 (a) at Blaxland West	0.5:1
3 (b), 3 (c), 3 (d), 4 (a) or 4 (b)	0.5:1

cl 38, table: Am 1.6.1984; 13.7.1984.

39Height of buildings

A person shall not erect a building on land within—

(a)
Zone No 2 (b1), if, at any point, that building contains more than 1 storey above ground level, or
(b)
a zone other than Zone No 2 (b1), if that building contains more than 2 storeys above ground level.

40Utility services(1)

Except as provided by subclause (2), no development shall be carried out on any land unless and until arrangements satisfactory to the council have been made for the provision to that land of a reticulated water supply, drainage and electricity services and the disposal of sewage.

(2)

The council may consent to the development of land for the purpose of a dwelling-house where no reticulated water supply is available if there is provided on the site water storage facilities having a capacity of not less than 30 000 litres.

41Advertisement of certain applications

Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development on land within—

(a)
Zone No 2 (a1), 2 (a2), 2 (b1) or 2 (b2) for the purposes of a child care centre, home industry, hospital or place of public worship,
(b)
Zone No 2 (c1), for a purpose referred to in paragraph (a) or Schedule 1, or for the purposes of a motel,
(c)
Zone No 2 (c2), for a purpose referred to in paragraph (a) or Schedule 1, or for the purposes of a club, motel, place of assembly or reception establishment,
(d)
Zone No 2 (d), for a purpose referred to in paragraph (a) or Schedule 1, or for the purposes of a club, motel, place of assembly or reception establishment, or
(e)
Zone No 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), for the purposes of a residential flat building,

in the same way as those provisions apply to and in respect of designated development.

42Assessment of certain factors

The council shall not consent to the carrying out of any development on land to which this plan applies, unless it has made an assessment of—

(a)
whether satisfactory arrangements have been made to reduce the risk of fire spreading on the site on which the development is intended to be carried out, onto the site from land adjoining the site or from the site on to land adjoining the site,
(b)
whether arrangements, satisfactory to the council, have been made to reduce the risk of subsidence, slip or flooding of the land to which the proposed development relates,
(c)
the effect, if any, which the development will or is likely to have on any item of the environmental heritage, within the meaning of clause 58, and any other building or site which the council considers to be of scientific or historic interest,
(d)
the height of any building in the locality,
(e)
where the development is intended to be carried out on land (other than land within the escarpment preservation area) whether, having regard to the topography of the land the type and extent of existing trees and vegetation, adequate provision has been made, in the opinion of the council, to preserve the visual amenity of the locality, and

(f)
whether adequate provision has been made, in the opinion of the council, for access on to the land from a public road.

42AAssessment of certain additional factors in Zone No 9 (e)(1)

This clause applies to land within Zone No 9 (e).

(2)

The council shall not consent to the carrying out of development on land to which this clause applies unless, in addition to those matters listed in clause 42 that are of relevance, it has made an assessment of—

(a)
the extent to which the land will be disturbed or modified by works and vehicular access associated with the development,
(b)
the extent to which the land has been previously disturbed or modified with particular regard to—
- (i)
  weed infestation,
- (ii)
  drainage,
- (iii)
  clearing, and
- (iv)
  construction,
(c)
the adequacy of measures to safeguard and rehabilitate the environment,
(d)
the feasibility of situating the development away from ridge tops or escarpment edges,
(e)
whether consideration has been given to an alternative site for the development,
(f)
whether consideration has been given to an alternative method of carrying out the development,
(g)
whether adequate measures have been or will be taken with respect to the proper disposal of sewage, and
(h)
land capability and soil erosion hazard.

cl 42A: Ins 13.2.1987.

43Assessment of certain applications

The council shall, in respect of an application under the Act for its consent to the carrying out of development on land within view of any waterway or adjacent to any main or arterial road, railway, public reserve, or on land within Zone No 6 (a), 6 (b), 6 (c), 6 (d), 6 (e) or 9 (d), make an assessment of the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, main or arterial road, railway, public reserve or land so zoned.

cl 43: Am 28.2.1986; 10.4.1987.

43ACertain development of land within Zone No 6 (a) or 6 (e)

In considering whether to grant consent to the carrying out of development on any land within Zone No 6 (a) or 6 (e), the council shall take into account—

(a)
the necessity for the proposed development on the land,
(b)
the impact of the proposed development on the existing or likely future use of the land, and
(c)
the necessity to retain the land for its existing or likely future use.

cl 43A: Ins 28.2.1986. Am 10.4.1987.

43BAssessment of the impact of development adjacent to Zone No 9 (e)

The council shall, when considering an application to carry out development on land adjacent to land within Zone No 9 (e), make an assessment of the impact of that development on the aesthetic, historical, natural, scenic and scientific attributes of the land within that zone.

cl 43B: Ins 13.2.1987.

(Repealed)

cl 44: Rep 2006 (289), Sch 1.2 [1].

45Local building lines(1)

The council may, by resolution, fix a line (in this clause called a local building line) in respect of any land fronting any river, creek, lake, lagoon, escarpment or cliff edge.

(2)

A local building line shall, when fixed in accordance with subclause (1), be marked upon a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the council.

(3)

The council may alter or abolish any local building line where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4)

A building shall not be erected between a local building line and the river, creek, lake, lagoon, escarpment or cliff edge in respect of which the line is fixed.

(Repealed)

cl 46: Rep 4.9.1987.

47Tree preservation(1)

Where it appears to the council that it is expedient for the purpose of securing amenity, of preserving existing amenity or of protecting the natural environment, it may, for that purpose and by resolution, make an order (a tree preservation order) and may, by like resolution, rescind or vary any such order.

(2)

A tree preservation order may prohibit the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removing, placement of soil within the root zone, injuring or wilful destruction of any tree or trees specified in the order except with the consent of the council and any such consent may be given subject to such conditions as the council thinks fit.

(3)

A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the local government area of the City of Blue Mountains or any divisions of the area.

(4)

The council must, as soon as practicable after the making of a tree preservation order, cause notice of the making of the order to be published in the Gazette and in a newspaper circulating in the locality in which the land described in the order is situated.

(5)

A person who contravenes or causes or permits to be contravened a tree preservation order after it has been published in the Gazette is guilty of an offence.

(6)

It is a sufficient defence to proceedings under this clause relating to the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removal, placement of soil within the root zone, injury or wilful destruction of a tree to prove—

(a)
that the tree was dead and that tree was not a “likely habitat tree” within the meaning of this clause, or
(b)
that the tree posed an imminent danger to property or life, or
(c)
that taking the action was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree was situated.

(7)

For the purposes of this clause, likely habitat tree means any tree naturally occurring (being native vegetation or remnant native vegetation) which has developed hollows in the trunks or limbs, and which is suitable for nesting birds, arboreal marsupials (such as possums) or native placental mammals (such as bats) or which is supporting the growth of locally indigenous or endemic epiphytic plants (such as orchids).

cl 47: Subst 24.12.1999.

47ADemolition 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.

cll 47A–47C: Ins 2019 (659), Sch 2.5.

47BTemporary 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 52 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).

cll 47A–47C: Ins 2019 (659), Sch 2.5.

47CConversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

(a)
converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)
converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of—

(a)
internal alterations to a building, or
(b)
internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 47A–47C: Ins 2019 (659), Sch 2.5.

47DStandards that cannot be used to refuse consent—playing and performing music(1)

The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a)
the playing or performance of music, including the following—
- (i)
  the genre of music played or performed, or
- (ii)
  whether the music played or performed is live or amplified, or
- (iii)
  whether the music played or performed is original music, or
- (iv)
  the number of musicians or live entertainment acts playing or performing, or
- (v)
  the type of instruments played,
(b)
whether dancing occurs,
(c)
the presence or use of a dance floor or another area ordinarily used for dancing,
(d)
the direction in which a stage for players or performers faces,
(e)
the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)

The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)

In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 47D: Ins 2020 (724), Sch 3.

47EFlood planning(1)

The objectives of this clause are as follows—

(a)
to minimise the flood risk to life and property associated with the use of land,
(b)
to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)
to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)
to enable the safe occupation and efficient evacuation of people in the event of a flood.

(2)

Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—

(a)
is compatible with the flood function and behaviour on the land, and
(b)
will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)
will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)
incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)
will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.

(3)

In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—

(a)
the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)
the intended design and scale of buildings resulting from the development,
(c)
whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)
the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.

(4)

A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.

(5)

In this clause—

Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.

flood planning area has the same meaning as it has in the Flood Risk Management Manual.

Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

cl 47E: Ins 2022 (629), Sch 2[2]. Am 2023 (609), Sch 2.5[2] [3].

47FCanal estate development prohibited(1)

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

(2)

In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 47F: Ins 2022 (629), Sch 2[4].

Division 7Roads48

(Repealed)

cl 48: Rep 2008 (571), Sch 3.18 [1].

49Restrictions on development in respect of certain road proposals(1)

Where, on the map, a proposed new alignment of a road is shown by a broken black line with the words “Proposed new alignment”, the council shall not consent to the erection of a building or the carrying out of a work on land between the existing alignment of the road and the proposed new alignment, but nothing in this subclause prevents the council from consenting to development being carried out on that land for the purpose of what, in the opinion of the council, are minor and not substantial repairs and improvements required for permitting the reasonable preservation and temporary use of a building or work.

(2)

(Repealed)

(3)

If the road proposed to be realigned is a main road, the council must not consent to the carrying out of those repairs and improvements unless it has taken into consideration—

(a)
the effect which the erection of the building or the carrying out of the work will, or (in the opinion of the council) is likely to, have on—
- (i)
  the future construction of the road or bridge to the proposed new alignment, and
- (ii)
  traffic flow and traffic safety, and
(b)
the estimated cost of carrying out the development and the change likely to be caused by the development having been carried out in the value of the land situated between the existing and the proposed alignments.

cl 49: Am 2008 (571), Sch 3.18 [2]–[4].

Division 8Development in escarpment preservation areas50Application of Division

This Division applies to all land in an escarpment preservation area.

51Interpretation

In this Division—

external surfaces, in relation to a building or work, includes the external walls and cladding (if any) thereon, external doors, external door and window frames, columns, roofs, fences, and any other surface of the building or work visible from the exterior of that building or work.

prescribed materials means dark toned or dark coloured materials of low reflective quality or materials which are painted or similarly treated with dark toned or dark coloured paint or pigment of low reflective quality.

52Consent required for certain development(1)

Notwithstanding any other provision of this plan, a person shall not, without the consent of the council, carry out any development on land within an escarpment preservation area or clear any such land of vegetation or trees.

(2)

For the purpose of the council’s proper consideration of an application for—

(a)
consent to the development of land within an escarpment preservation area, the council may require the applicant to furnish plans and details showing—
- (i)
  the type and location of the existing vegetation on the site,
- (ii)
  the proposed landscaping of the site in relation to the buildings or works proposed to be erected or carried out, and
- (iii)
  the number, type and location of tress and shrubs which are to be retained or planted on the site, or
(b)
consent to the clearing, on land within an escarpment preservation area, of vegetation or trees, the council may require the applicant to furnish plans and details showing—
- (i)
  the extent of the proposed clearing of the site,
- (ii)
  the extent of any landscaping of the site which is proposed to be carried out, and
- (iii)
  the number, type and location of trees and shrubs which are to be retained or planted on the site.

53Assessment of certain matters

The council shall not consent to the carrying out of development on land to which this Division applies, unless it has made an assessment of—

(a)
the types of materials to be used in any proposed building or work,
(b)
the height of any proposed building, and
(c)
the proportion of the site which is to be covered by any building,

to which the development application relates.

54Restrictions on building(1)

A person shall not erect a building on land within an escarpment preservation area, if that building—

(a)
has a height, when measured form any point on the building to the natural ground level of the site immediately below that point, of more than 8 metres,
(b)
occupies more than 55 per cent of the area of the site, or
(c)
except as provided by subclause (2) or (3), has external surfaces of other than prescribed materials.

(2)

Subclause (1) (c) does not—

(a)
operate to prohibit the use of materials other than prescribed materials, if the use of those other materials is necessary for the purpose of complying with Ordinance No 70 made under the Local Government Act 1919, or
(b)
apply where, in the opinion of the council, the use of a material other than a prescribed material would, by reason of the topography of the site, have no detrimental effect on the visual appearance of the escarpment.

(3)

The council may consent to—

(a)
the alteration or enlargement of—
- (i)
  an existing building, or
- (ii)
  a building ancillary to an existing building,
on land within an escarpment preservation area, if the existing building or the building ancillary to the existing building has external surfaces of other than prescribed materials, or
(b)
the use of the external surface of a building, on land within an escarpment preservation area, of materials other than prescribed materials, if the total surface area of those materials does not exceed 10 per cent of the external surface area of the building.

(4)

In subclause (3), existing building means a building lawfully erected at any time prior to the making, after the appointed day, of a development application in respect of the land on which the building is erected.

55Use of prescribed materials

A material which is a prescribed material shall not be used in connection with the carrying out of development on land to which this Division applies unless, in the opinion of the council, that material blends with the landscape of the site and its surroundings.

Division 9Development on reserved land56Building etc not to be erected without consent on reserved land(1)

This clause applies to land within Zone No 9 (a), 9 (b), 9 (c), 9 (d) or 9 (e).

(2)

Except as provided by subclauses (4) and (5), a person shall not, on land to which this clause applies, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purpose for which the land is reserved.

Lot 5, DP 260042, corner of Great Western Highway and Everton Road, Faulconbridge, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 18”—a refreshment room, reception establishment and heritage centre within the building and grounds of the property known as “Everton House” (being an item of the environmental heritage within the meaning of clause 58 (1)) where the privacy and amenity of residents on adjoining land is protected to the satisfaction of the council.

Portion 8, Parish of Jamison, Yester Road, Wentworth Falls, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 23”—subdivision into 3 allotments, 1 of which is to be dedicated as a public reserve.

Portion 367 and part of portions 88, 153, 366, Parish of Jamison, part of lots 9 and 10, section 2, DP 4305, part of a closed road and part of a public road off McLachlan Road, Leura, as shown edged heavy black on Sheet 2 of the map marked “Blue Mountains Local Environmental Plan No 28”—development for the purpose of an hotel, convention centre, manager’s residence and associated tourist facilities (within the meaning of the Environmental Planning and Assessment Model Provisions 1980), subject to the following conditions—

(a)
if the development is carried out in stages, the convention centre and its associated tourist facilities shall be incorporated in the first stage,
(b)
the maximum building heights shall be—
- (i)
  14 metres above natural ground level, measured along the central ridge of the site, for buildings located to the east of a line fixed by the council 290 metres east of McLachlan Road, as shown on Sheet 2 of the lastmentioned map, and
- (ii)
  16 metres above ground level, measured above the central ridge of the site, for buildings located west of the line so fixed,
having regard to the contour plans supplied to the council by XRM Design Group and numbered 414507.

Lots 1 and 2, DP 635360, Great Western Highway, South Blaxland, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 29”—dwellings erected or created in accordance with clause 14 (3), where the owner of the land upon which the dwelling is erected or created is not required to occupy any of the dwellings.

Lot 9, DP 12057, Station Street, Katoomba, as shown coloured yellow with the words “COMMUNITY CENTRE” in scarlet lettering on the map marked “Blue Mountains Local Environmental Plan No 30” deposited in the office of the council—clubs, not being clubs registered under the Registered Clubs Act 1976.

Portion 8, Parish of Jamison, Yester Road, Wentworth Falls, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 32”—subdivision into 3 allotments, one of which is to be dedicated as public reserve.

Lot 4, DP 546199, Cleopatra Street, Blackheath, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 33”—a boarding-house and refreshment room within the building known as “Cleopatra” and the site of the building.

Lots 3 and 4, section 2, DP 2898, Honour Avenue, Lawson, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 37” refreshment room.

Lot l, DP 576927, Hawkesbury Road, Winmalee, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 38”—service station.

Lots 1 and 2, DP 12057, part of the land within DP 976855 and lots 4, 5, 6 and 7, DP 708667, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 40”—shops within the existing building erected on the land on the date Blue Mountains Local Environmental Plan No 40 took effect.

Lots 3, 4 and 5, DP 7400, Leura Mall, Leura and lot 1, DP 946800, Grose Street, Leura, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 41”—refreshment rooms within the existing buildings erected on the land at the date on which Blue Mountains Local Environmental Plan No 41 took effect.

Part of lots 15–18, lot 19, and lots 25–27, DP 2873, Station Street, Medlow Bath, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 50”—arts and crafts gallery.

The Old Police Station, R 95927, Macquarie Road, Springwood, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 49”—community centre and public building.

Lot 1, DP 603618, Mt Blackheath Road, Blackheath—subdivision of the land into 2 allotments and the erection of a single dwelling-house on those parts of the allotments so created that are within Zone 1 (a2).

Lot 2, DP 599103, Mt Blackheath Road, Blackheath—subdivision of the land into 2 allotments and the erection of a single dwelling-house on those parts of the allotments so created that are within Zone 1 (a2).

Lot 1, DP 548898, Mt Blackheath Road, Blackheath—subdivision of the land into 2 allotments and the erection of a single dwelling-house on each allotment so created that is within Zone No 1 (a2).

Lot 2, DP 533697, Mt Blackheath Road, Blackheath—subdivision of the land into 5 allotments and the erection of a single dwelling-house on each allotment so created.

Lot 1, DP 328231, Mt Blackheath Road, Blackheath—subdivision of the land into 2 allotments and the erection of a single dwelling-house on each allotment so created that is within Zone No 1 (a2).

Portion 42, Parish of Kanimbla, Shipley Road, Blackheath—subdivision of the land into 2 allotments and the erection of a single dwelling-house on each allotment so created that is within Zone No 1 (a2).

Lot 2, DP 324227, Shipley Road, Blackheath—subdivision of the land into 3 allotments and the erection of a single dwelling-house on each allotment so created that is within Zone No 1 (a2).

Lot 1, DP 604880, Shipley Road, Blackheath—subdivision of the land into 2 allotments and the erection of a single dwelling-house on each allotment so created that is within Zone No 1 (a2).

Lot 1, DP 605123, Wascoe Street, Glenbrook, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 58”—refreshment room.

Lot C, DP 418359, Great Western Highway and lot 1, DP 515272, Tableland Road, Wentworth Falls, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 56”—refreshment room and holiday cabins.

Lot 1, DP 562101, Hilton Road, Springwood—development for the purpose of subdivision into two allotments.

Part of portion 295, Parish of Strathdon, St Johns Road, Blaxland, as shown edged heavy black, coloured dark green and marked “6 (a)” on the map marked “Blue Mountains Local Environmental Plan No 48”—recreation areas.

Land on the corner of Henry Street and the Great Western Highway, Lawson, being land contained in Certificate of Title, volume 6799, folio 122, and lot 2, section 5, DP 2700, Great Western Highway Lawson—service station and associated facilities.

Lots 4, 5 and 6, DP 2936, and known as No 284 Great Western Highway, Blackheath, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 65—restoration and conservation of the existing building situated on the site and the use of the building for the purposes of a guest house.

Lot 2, DP 586996, Mitchell’s Pass, Blaxland—subdivision of such of the land as is within Zone 7 (e) Environmental Protection.

Lot l, DP 509825, Hawkesbury Road, Winmalee, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 67”—the manufacture and assembly of computer based musical and technical instruments and associated products.

Lots A and B, DP 393076, Railway Parade, Leura, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 70”—guest house.

Lot 2, DP 515852, Lilianfels Avenue, lots A and B, DP 413869, Lilianfels Avenue, lots 35 and 36, DP 583598, Lilianfels Avenue, lot 26, DP 10924, Lilianfels Avenue, lots 27, 28, 29, DP 10924, Echo Point Road, lots 30, 31, 32 and 33, DP 10924, Panorama Drive, lot 1, DP 516594, Panorama Drive, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 75”—refreshment room, guesthouse and ancillary guest facilities, subject to the following conditions—

(a)
buildings may comprise 3 storeys above the natural ground level for buildings located to the west of Lilianfels House on lot 2, DP 515852, Lilianfels Avenue, lots A and B, DP 413869, Lilianfels Avenue, lots 35 and 36, DP 583598, Lilianfels Avenue, lot 26, DP 10924, Lilianfels Avenue, lot 1, DP 516594, Panorama Drive, Katoomba, but any other building must be erected in compliance with clause 39.
(b)
(Repealed)

Lot 133, DP 9244, Great Western Highway, Warrimoo, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 71”—extensions to the existing real estate agency.

Lot B, DP 377708, and known as No 1 Railway Parade, Medlow Bath, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 73”—museum, craft shop and refreshment room.

Lot 1, DP 176436, and lots 1, 2 and 3, section 5, DP 2455, Mount York Road, Mount Victoria—refreshment room and guest house, within the historic homestead “Closeburn House”.

Land being lots 51, 52 and 53, DP 28426, and lots 1 and 2, DP 207627, corner of Great Western Highway and Layton Avenue, Blaxland, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 76”—refreshment room and service station.

Lots 110 and 111, DP 702335, and known as No 504 Hawkesbury Road, Winmalee, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 80”—medical centre and associated carparking.

Lot part 4, DP 3977, corner of the Great Western Highway and East View Avenue, Leura, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 78”—conference centre, where consent is granted not later than 12 months after the day on which Blue Mountains Local Environmental Plan No 78 took effect.

Land being Lot 10, Section 15, DP 975288, 17 Cooper Street, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 82”—place of public worship.

Lots 8–12, DP 711773, Power House Lane, Katoomba as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 83”—place of assembly, educational establishment.

Lot 4, DP 263346, and known as No 102 Victoria Street, Katoomba, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 84”—base for commercial horse riding.

Lots 10–14, section 1, DP 11078, New Street, Lawson, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 86”—community centre and place of assembly.

Land being Portions 320 and 321, Lot 356, DP 704601 and Part of Reserve No 78592, Hare Street, Glenbrook, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 88”—club, being Glenbrook Bowling and Recreation Club, and associated parking.

Lots 1 and 2, DP 586 and Lot B, DP 396860 and known as No 207 Station Street, Blackheath, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 91”—Place of Assembly (Meditation Cells).

Land, being Portion 23, Railway Parade, Wentworth Falls, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 92”—creation of 2 lots and erection of a dwelling-house—so as to allow a dwelling-house on each lot.

Lots 7, 8 and 9, Section 24, DP 759075, Nos 67–77 Wilson Street, Wentworth Falls, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 93”—guest house and conference facilities.

Land being Lot A, DP 388162, Lot 3, DP 726048 and Lot 1, DP 935529, No 3 Badgery Crescent, Lawson, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 97”—refreshment room.

Lot 1, DP 576927, known as No 281 Hawkesbury Road, Winmalee, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 96”—retail premises if the amount of the floor space of the premises used for retailing does not exceed by more than 112 square metres the floor space so used at the commencement of Blue Mountains Local Environmental Plan No 96.

Parts lots 1 and 2, DP 801750, Tusculum Road, Valley Heights, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 109”—development for the purposes of a community centre (which means a building or place used for the physical, social, cultural or intellectual development or welfare of the local community) and includes a museum subject to the condition that the Council shall not consent to the carrying out of any such development until arrangements have been made with the Water Board that are satisfactory to that Board for the provision of water and sewerage services to the land.

Lots 7, 8 and 9, DP 759075, Nos 71–77 Wilson Street, Wentworth Falls, as shown edged heavy black on map marked “Blue Mountains Local Environmental Plan No 113” conversion, or replacement, of all or part of the building on the land at the commencement of Blue Mountains Local Environmental Plan No 113, for the purposes of a tourist facility comprising self-contained units managed within a neighbourhood title under the Community Land Management Act 1989 on the condition that the final building have equivalent floor space to the building on the land at that commencement.

Part of Lot B, DP 331251, part of Lot B, DP 336264 and part of Lot Part 11, Section 6, DP 1175 Grose Street, Leura as shown edged heavy black on sheet 2 of the map marked “Blue Mountains Local Environmental Plan No 108”—parking and pedestrian access.

Lot 27, DP 2946, 171 Lurline Street, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 128”—refreshment room.

Lots 1–3, DP 119198, No 25 Whitton Street, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 129”—any development allowed by Column 4 of the Table to Clause 9 in Zone No 4 (a).

Lot 101, DP 773457, No 211 Explorers Road, Lapstone, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 130”—residential flat building.

Lot 1, DP 826909, Ferguson Road, Springwood, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 135”—veterinary establishment.

Lot 1, DP 801786, Great Western Highway, Valley Heights, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 134”—recreation facility comprised of an aquatic centre and associated retail outlet and parking deposited in the office of Council.

Lots 1, 2, and 4, DP 226942, Macquarie Road, Springwood, as shown edged yellow on the map marked “Blue Mountains Local Environmental Plan No 132”—bowling club and ancillary uses.

Lots A & B DP 373366 and Lot 10 DP 6645, corner of Great Western Highway and Mt York Road, Lots 8 and 9 DP 6645, Mt York Road, Lot 7 DP 6645, corner of Mt York Road and Matlock Street, Lot 6 DP 6645, Matlock Street and Lots 11 and 12 DP 6645 Great Western Highway, Mount Victoria, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 141”—development for the purpose of an integrated service station, refreshment room and convenience store.

So much of Lot 1, DP 937525, Macquarie Road, Springwood, as is shown edged heavy black, coloured yellow and lettered “Parking” on the map marked “Blue Mountains Local Environmental Plan No 136”—recreation area.

Lot 1, DP 773302, corner of Whitton Street and Camp Street, Katoomba, as shown edged dark red on the map marked “Blue Mountains Local Environmental Plan No 142”—bulk store, bulky goods showroom, child care centre, club, community centre, educational establishment, place of assembly, place of public worship, recreation area, recreation facility, retail plant nursery, telecommunications facility, transport terminal, veterinary establishment, subject to the following conditions—

(a)
the council must not consent to a development application for a child care centre, club, community centre, educational establishment, place of assembly, place of public worship, recreation area, recreation facility or retail plant nursery unless it has considered a detailed site contamination investigation report prepared by an accredited site auditor in accordance with Contaminated Land: Planning guidelines for contaminated land issued by the Department of Urban Affairs and Planning and the Environment Protection Authority,
(b)
the council must not consent to a development application for a transport terminal unless it has considered the following reports prepared by persons with appropriate qualifications in the relevant field of expertise—
- (i)
  a traffic impact report detailing proposed travel routes to and from the site, the impact of the proposed development on the Great Western Highway and the local road system, and the capacity of the local road system to accommodate the proposed traffic movements,
- (ii)
  a noise (acoustic) report detailing the impact of the proposed development on properties along proposed travel routes and surrounding the site.

1–7 Rusden Mall (Lots 45–50 and 82, DP 223966) and 174–178 Rusden Road (Lot 1, DP 618474 and Lots 1 and 2 DP 803588), Mount Riverview, comprising part of an existing shopping centre (Rusden Mall), as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 143”—place of public worship.

28–30 Lawson Road, Springwood (Lot 221, DP 594810), as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 146”—place of public worship.

sch 7: Am 17.12.1982; 2.12.1983; 13.1.1984; 10.2.1984; 17.2.1984; 6.7.1984; 21.9.1984; 16.11.1984; 1.2.1985; 26.4.1985; 7.6.1985; 2.8.1985; 9.8.1985; 13.12.1985; 7.2.1986; 31.10.1986; 7.11.1986; 9.1.1987; 20.3.1987; 10.4.1987; 17.7.1987; 7.8.1987; 4.9.1987; 23.10.1987; 11.12.1987; 16.9.1988; 23.9.1988; 7.10.1988; 11.11.1988; 27.1.1989; 10.2.1989; 7.7.1989; 21.7.1989; 6.10.1989; 13.10.1989; 16.3.1990; 4.5.1990; 22.6.1990; 25.1.1991; 29.11.1991; 6.3.1992; 15.5.1992; 29.10.1993; 8.4.1994; 29.7.1994; 7.11.1997; 14.11.1997; 28.11.1997; 30.10.1998; 12.3.1999; 30.4.1999; 4.2.2000; 10.11.2000; 1.6.2001; 28.9.2001; 23.10.2002; 2021 (716), Sch 1.5.

Schedule 8Operational land

(Clause 68)

Land shown edged heavy black and cross-hatched, hatched or unhatched on the map marked “Blue Mountains Local Environmental Plan No 112”.

Lots 1, 2 and 4, DP 226942, Macquarie Road, Springwood, as shown edged in yellow on the map marked “Blue Mountains Local Environmental Plan No 132”.

Lot 1, DP 937525, Macquarie Road, Springwood, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 136”.

Part of 178 Rusden Road (part of Lot 2, DP 803588), Mount Riverview, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 149”.

sch 8: Ins 9.12.1994. Am 30.4.1999; 10.11.2000; 9.8.2002.

Historical notesTable of amending instruments

Blue Mountains Local Environmental Plan No 4 published in Gazette No 168 of 3.12.1982, p 5529 and amended in GGs No 177 of 17.12.1982, p 5794, No 96 of 8.7.1983, p 3159, No 105 of 29.7.1983, p 3491, No 167 of 2.12.1983, p 5446, No 172 of 16.12.1983, p 5689, No 176 of 23.12.1983, p 5883, No 6 of 13.1.1984, p 113, No 19 of 10.2.1984, pp 658, 659 (see also erratum published in GG No 44 of 23.3.1984, p 1665), No 24 of 17.2.1984, p 785, No 58 of 19.4.1984, p 2171, No 86 of 1.6.1984, pp 2817, 2818, 2820, No 108 of 6.7.1984, p 3548, No 110 of 13.7.1984, p 3652, No 133 of 7.9.1984, p 4479, No 137 of 21.9.1984, p 4659, No 147 of 19.10.1984, p 5142, No 161 of 16.11.1984, p 5626, No 31 of 1.2.1985, p 512, No 56 of 15.3.1985, p 1177, No 73 of 26.4.1985, p 1830, No 88 of 31.5.1985, p 2434, No 91 of 7.6.1985, p 2524, No 112 of 2.8.1985, pp 3946, 3949, 3950, No 114 of 9.8.1985, p 4130, No 172 of 13.12.1985, p 6503, No 24 of 7.2.1986, p 582, No 36 of 28.2.1986, pp 946, 951, No 64 of 18.4.1986, p 1704, No 85 of 23.5.1986, p 2353 (see also erratum published in GG No 139 of 5.9.1986, p 4365), No 120 of 18.7.1986, p 3498, No 134 of 22.8.1986, p 4116, No 142 of 12.9.1986, p 4512, No 172 of 31.10.1986, p 5327, No 175 of 7.11.1986, p 5467, No 6 of 9.1.1987, p 127, No 20 of 30.1.1987, p 508, No 33 of 13.2.1987, p 814, No 38 of 27.2.1987, p 1094, No 54 of 20.3.1987, pp 1471, 1472, 1473, No 60 of 27.3.1987, p 1693, No 65 of 10.4.1987, p 1883, No 104 of 19.6.1987, p 3094, No 121 of 17.7.1987, p 4083, No 129 of 7.8.1987, pp 4402, 4405, No 140 of 4.9.1987, pp 5083, 5086, No 144 of 11.9.1987, p 5239, No 165 of 23.10.1987, p 5977, No 190 of 11.12.1987, p 6872, No 91 of 27.5.1988, p 2852, No 110 of 1.7.1988, p 3569, No 145 of 16.9.1988, pp 4919, 4920, No 147 of 23.9.1988, p 5045, No 151 of 7.10.1988, pp 5312, 5313, No 170 of 11.11.1988, p 5934, No 10 of 27.1.1989, p 452, No 21 of 10.2.1989, pp 1012, 1013, No 27 of 3.3.1989, p 1260, No 82 of 7.7.1989, p 4111, No 83 of 14.7.1989, p 4324, No 84 of 21.7.1989, pp 4561, 4562, 4563, No 99 of 6.10.1989, p 8189, No 100 of 13.10.1989, p 8451, No 119 of 8.12.1989, p 10632, No 39 of 16.3.1990, p 2265, No 57 of 4.5.1990, p 3579, No 80 of 22.6.1990, p 5156, No 18 of 25.1.1991, p 728, No 167 of 29.11.1991, p 9975, No 169 of 6.12.1991, p 10187, No 183 of 27.12.1991, p 10785, No 33 of 6.3.1992, p 1586, No 60 of 15.5.1992, p 3340, No 89 of 17.7.1992, p 5040, No 133 of 6.11.1992, p 8152, No 98 of 3.9.1993, p 5481, No 119 of 29.10.1993, p 6474, No 56 of 8.4.1994, 1558, No 93 of 15.7.1994, p 3686, No 99 of 29.7.1994, p 3995, No 167 of 9.12.1994, p 7246, No 11 of 3.2.1995, p 637, No 22 of 23.2.1996, p 771, No 15 of 7.2.1997, p 492, No 20 of 21.2.1997, p 858, No 66 of 20.6.1997, p 4597, No 77 of 11.7.1997, p 5494, No 88 of 8.8.1997, p 6139, No 114 of 24.10.1997, p 8699, No 119 of 7.11.1997, p 9053, No 123 of 14.11.1997, p 9250, No 130 of 28.11.1997, p 9657, No 149 of 19.12.1997, p 10256, No 79 of 15.5.1998, p 3471 (the amendments were without effect—see also GG No 167 of 9.12.1994, p 7246), No 155 of 30.10.1998, p 8590, No 32 of 12.3.1999, p 2154, No 53 of 30.4.1999, p 2965, No 63 of 28.5.1999, p 3705 and No 144 of 24.12.1999, p 12439 and as follows—

Blue Mountains Local Environmental Plan No 141 (GG No 15 of 4.2.2000, p 588)

Blue Mountains Local Environmental Plan No 1991 (Amendment No 29)—Exempt and Complying Development (GG No 141 of 27.10.2000, p 11435)

Blue Mountains Local Environmental Plan No 136 (GG No 146 of 10.11.2000, p 11699)

Blue Mountains Local Environmental Plan No 142 (GG No 93 of 1.6.2001, p 3065)

Blue Mountains Local Environmental Plan No 143 (GG No 146 of 28.9.2001, p 8317)

Blue Mountains Local Environmental Plan No 147 (GG No 92 of 31.5.2002, p 3415)

Blue Mountains Local Environmental Plan No 149 (GG No 128 of 9.8.2002, p 5885)

Blue Mountains Local Environmental Plan No 146 (GG No 186 of 23.10.2002, p 9049)

Blue Mountains Local Environmental Plan No 148 (GG No 111 of 11.7.2003, p 7092)

Blue Mountains Local Environmental Plan No 144 (GG No 35 of 13.2.2004, p 639)

2005	(633)	Blue Mountains Local Environmental Plan 2005. GG No 122 of 7.10.2005, p 8250. Date of commencement, on gazettal.
No 98	Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 2.6, assent, sec 2 (2).
2006	(289)	Drinking Water Catchments Regional Environmental Plan No 1. GG No 75 of 9.6.2006, p 4016. Date of commencement, 1.1.2007, cl 2.
2008	(571)	State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3.
2019	(659)	State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2.
2020	(724)	State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020.
2021	(716)	State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2.
2022	(629)	State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2.
2023	(524)	State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2.
(609)	State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 2	Am 2020 (724), Sch 1.3.
Cl 3	Am 27.12.1991. Subst 2005 (633), cl 3 (1).
Cl 6	Am 8.7.1983; 29.7.1983; 16.12.1983; 23.12.1983; 10.2.1984 (see also 23.3.1984); 19.4.1984; 1.6.1984; 13.7.1984; 7.9.1984; 21.9.1984; 19.10.1984; 1.2.1985; 15.3.1985; 26.4.1985; 31.5.1985; 2.8.1985; 13.12.1985; 28.2.1986; 18.4.1986; 23.5.1986; 18.7.1986; 22.8.1986; 12.9.1986; 9.1.1987; 30.1.1987; 13.2.1987; 27.2.1987; 20.3.1987; 27.3.1987; 10.4.1987; 7.8.1987; 4.9.1987; 11.9.1987; 11.12.1987; 27.5.1988; 1.7.1988; 10.2.1989; 3.3.1989; 14.7.1989; 21.7.1989; 6.10.1989; 8.12.1989; 6.12.1991; 17.7.1992; 6.11.1992; 15.7.1994; 29.7.1994; 9.12.1994; 3.2.1995; 7.2.1997; 24.10.1997; 19.12.1997; 30.4.1999; 10.11.2000; 1.6.2001; 31.5.2002; 11.7.2003; 13.2.2004; 2019 (659), Sch 1.5[1].
Cl 7	Am 28.2.1986.
Cl 9A	Ins 2019 (659), Sch 1.5[2]. Am 2023 (524), Sch 1.1[1].
Cl 9B	Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.5[1].
Cl 9, table	Am 1.6.1984; 13.7.1984; 21.9.1984; 28.2.1986; 23.5.1986; 12.9.1986; 13.2.1987; 11.12.1987; 14.7.1989; 20.6.1997.
Cl 10	Am 1.6.1984; 23.5.1986; 2005 No 98, Sch 2.6 [1].
Cl 10A	Ins 23.12.1983.
Cl 10B	Ins 27.10.2000.
Cl 11A	Ins 3.9.1993.
Cl 13	Am 23.5.1986.
Cl 14	Am 1.6.1984; 23.5.1986. Rep 19.6.1987.
Cll 21, 23	Am 1.6.1984; 23.5.1986.
Cl 30	Am 1.6.1984; 23.5.1986; 11.12.1987.
Cl 31	Am 23.5.1984.
Cl 34	Am 1.6.1984; 4.9.1987.
Cl 34A	Ins 13.2.1987.
Cl 35A	Ins 23.5.1986 (see also 5.9.1986).
Cl 36, table	Am 1.6.1984.
Cl 38, table	Am 1.6.1984; 13.7.1984.
Cl 42A	Ins 13.2.1987.
Cl 43	Am 28.2.1986; 10.4.1987.
Cl 43A	Ins 28.2.1986. Am 10.4.1987.
Cl 43B	Ins 13.2.1987.
Cl 44	Rep 2006 (289), Sch 1.2 [1].
Cl 46	Rep 4.9.1987.
Cl 47	Subst 24.12.1999.
Cll 47A–47C	Ins 2019 (659), Sch 2.5.
Cl 47D	Ins 2020 (724), Sch 3.
Cl 47E	Ins 2022 (629), Sch 2[2]. Am 2023 (609), Sch 2.5[2] [3].
Cl 47F	Ins 2022 (629), Sch 2[4].
Cl 48	Rep 2008 (571), Sch 3.18 [1].
Cl 49	Am 2008 (571), Sch 3.18 [2]–[4].
Cl 56	Subst 13.2.1987.
Cl 57A	Ins 13.2.1987.
Cl 58	Subst 27.12.1991. Am 3.9.1993; 21.2.1997; 2008 (571), Sch 3.18 [5] [6].
Cl 58A	Ins 27.12.1991. Am 2006 (289), Sch 1.2 [2].
Cl 59A	Ins 13.2.1987.
Cl 60A	Ins 10.2.1984. Rep 29.7.1994.
Cl 61	Rep 28.5.1999.
Cl 61AA	Ins 11.7.1997.
Cl 61A	Ins 21.9.1984.
Cl 61B	Ins 21.9.1984. Am 2005 No 98, Sch 2.6 [2] [3]; 2008 (571), Sch 3.18 [7] [8].
Cl 62	Ins 2.12.1983. Am 2008 (571), Sch 3.18 [9] [10].
Cl 63	Ins 1.6.1984.
Cl 64	Ins 4.9.1987.
Cl 65	Ins 3.3.1989.
Cl 65A	Ins 3.2.1995. Am 2005 No 98, Sch 2.6 [4].
Cl 66	Ins 22.6.1990.
Cl 66A	Ins 23.2.1996.
Cl 66B	Ins 8.8.1997.
Cl 67	Ins 17.7.1992.
Cll 68, 69	Ins 9.12.1994.
Cl 69A	Ins 13.2.2004.
Sch 5	Rep 4.9.1987.
Sch 6	Am 7.6.1985. Rep 27.12.1991.
Sch 7	Am 17.12.1982; 2.12.1983; 13.1.1984; 10.2.1984; 17.2.1984; 6.7.1984; 21.9.1984; 16.11.1984; 1.2.1985; 26.4.1985; 7.6.1985; 2.8.1985; 9.8.1985; 13.12.1985; 7.2.1986; 31.10.1986; 7.11.1986; 9.1.1987; 20.3.1987; 10.4.1987; 17.7.1987; 7.8.1987; 4.9.1987; 23.10.1987; 11.12.1987; 16.9.1988; 23.9.1988; 7.10.1988; 11.11.1988; 27.1.1989; 10.2.1989; 7.7.1989; 21.7.1989; 6.10.1989; 13.10.1989; 16.3.1990; 4.5.1990; 22.6.1990; 25.1.1991; 29.11.1991; 6.3.1992; 15.5.1992; 29.10.1993; 8.4.1994; 29.7.1994; 7.11.1997; 14.11.1997; 28.11.1997; 30.10.1998; 12.3.1999; 30.4.1999; 4.2.2000; 10.11.2000; 1.6.2001; 28.9.2001; 23.10.2002; 2021 (716), Sch 1.5.
Sch 8	Ins 9.12.1994. Am 30.4.1999; 10.11.2000; 9.8.2002.