Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space) (NSW)

1Name of plan

This plan may be cited as Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space).

2Aims, objectives etc(1)

The principal aim of this plan is to set aside certain land of regional significance for acquisition by the State Government as regional open space.

(2)

The specific aims of this plan are:

• (a)

  to enhance and protect the unique natural and scenic environment of the Blue Mountains,

• (b)

  to provide greater opportunities for passive recreation in the Blue Mountains, and

• (c)

  to complement and expand the open space network in the Blue Mountains particularly in relation to the proposed boundary extensions to the Blue Mountains National Park.

3Land to which plan applies

This plan applies to the land enclosed by heavy black edging on the map marked “Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space)” deposited in the office of the Department and in the office of the Council of the City of Blue Mountains.

4Relationship to other environmental planning instruments

This plan amends Blue Mountains Local Environmental Plan No 4 in the manner set out in clause 5.

5Amendment of Blue Mountains Local Environmental Plan No 4

Blue Mountains Local Environmental Plan No 4 is amended:

• (a)

  by inserting at the end of the definition of the map in clause 6 (1) the following words:

  Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space).

• (b)

  by inserting in the Table to clause 9 after the matter relating to Zone No 9 (d) in Columns I, II, III, IV and V, respectively, the following matter:

  9 (e) Regional Open Space. Uncoloured with black edging and lettered “R” Bushfire hazard reduction works; gardening and landscaping (not being purposes which involve the erection of a building); weed eradication. … Drainage; gardening and landscaping (being purposes which involve the erection of a building); picnic facilities; roads; utility installations (other than gas holders or generating works). Any purpose other than those included in Column II or IV.

• (c)

  by inserting after clause 34 the following clause:

  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.

• (d)

  by inserting after clause 42 the following clause:

  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.

• (e)

  by inserting after clause 43A the following clause:

  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.

• (f)

  by omitting clause 56 and by inserting instead the following clause:

  56Building 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.

  (3)

  A person shall not carry out any development upon land to which this clause applies so as to render it unfit for the purpose for which it is reserved.

  (4)

  Where it appears to the council that the purpose for which land is reserved under Part 2 cannot be carried into effect within a reasonable time after the appointed day or the day on which it first becomes so reserved, whichever is the later day, the owner of the land may, with the consent of the council, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation on that land.

  (5)

  Nothing in this clause shall operate to prohibit the erection of a fence on any land reserved under Part 2 or the erection or construction on the land, with the consent of the council, of any utility installation.

• (g)

  by inserting after clause 57 the following clause:

  57AAcquisition of land within Zone No 9 (e) by corporation(1)

  The owner of any land within Zone No 9 (e) may, by notice in writing, require the corporation to acquire that land.

  (2)

  Upon receipt of a notice referred to in subclause (1), the corporation shall acquire the land to which the notice relates.

• (h)

  by inserting after clause 59 the following clause:

  59ADevelopment near the boundary of adjoining zones(1)

  This clause applies to land which is within 10 metres of a boundary between any 2 zones.

  (2)

  Subject to subclause (3), development may, with the consent of the council, be carried out on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

  (3)

  The council shall not consent to the carrying out of development referred to in subclause (2) unless the carrying out of the development is desirable, in the opinion of the council, due to planning, design, ownership, servicing or similar requirements relating to the development of land to which this plan applies.