{"id":"nsw:epi-2005-0633","name":"Blue Mountains Local Environmental Plan 2005","slug":"blue-mountains-local-environmental-plan-2005","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"633 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181789,"registerId":"nsw-nsw:epi-2005-0633-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"Division 1","sectionType":"division","heading":"Administration","content":"## Division 1 Administration\n\nDivision 1 Administration","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of plan","content":"#### 1 Name of plan\n\n1 Name of plan\n\n> This plan is [Blue Mountains Local Environmental Plan 2005](/view/html/inforce/current/epi-2005-0633).","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Land to which plan applies","content":"#### 2 Land to which plan applies\n\n2 Land to which plan applies\n\n> > (1) This plan applies to all land within the City, except land—\n> > \n> > > (a) to which [Blue Mountains Local Environmental Plan No 4](/view/html/inforce/current/epi-1982-0014) applies, being land shown on the Map by distinctive colouring as “Area subject to LEP 4”, or\n> > \n> > > (b) to which [Blue Mountains Local Environmental Plan 1991](/view/html/inforce/current/epi-1991-0683) applies, being land—\n> > > \n> > > > (i) shown on the Map by distinctive colouring as “Area subject to LEP 1991”, or\n> > > \n> > > > (ii) not shown on the Map.\n> \n> > (2) Clause 3, for the purpose only of delineating the land to which this plan and those plans apply, also applies to the land to which those plans apply.\n> \n> > (3) Land shown as “Deferred Matter” on the Map by a distinctive hatching is not subject to this plan (being land that is excluded from the application of this plan under section 68 (5) or 70 (4) of the Act).","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Relationship to other environmental planning instruments","content":"#### 3 Relationship to other environmental planning instruments\n\n3 Relationship to other environmental planning instruments\n\n> > (1) This plan amends [Blue Mountains Local Environmental Plan No 4](/view/html/inforce/current/epi-1982-0014) by replacing clause 3 with the following clause—\n> \n> > (2) This plan amends [Blue Mountains Local Environmental Plan 1991](/view/html/inforce/current/epi-1991-0683) by replacing clause 2 with the following clause—\n> \n> > (3), (4) (Repealed)\n> \n> **cl 3:** Am 2007 (641), Sch 5.4 \\[1\\]; 2019 (659), Sch 1.4\\[1\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Regulatory instruments","content":"#### 4 Regulatory instruments\n\n4 Regulatory instruments\n\n> > (1) For the purpose of enabling development to be carried out in accordance with this plan (as in force when the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing a restriction as to the erection or use of buildings or as to the development of land for certain purposes, shall not apply to any such development.\n> \n> > (2) Nothing in subclause (1) affects the rights or interests of the Council or any other public authority under any registered agreement.\n> \n> > (3) Nothing in subclause (1) affects a covenant required by the consent authority to be imposed.\n> \n> > (4) In accordance with section 28 (3) of the Act, before the making of this plan the Governor approved of subclauses (1), (2) and (3).","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Consent authority for this plan","content":"#### 5 Consent authority for this plan\n\n5 Consent authority for this plan\n\n> Blue Mountains City Council is the consent authority for the purposes of this plan, subject to the Act.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Definitions and interpretation","content":"#### 6 Definitions and interpretation\n\n6 Definitions and interpretation\n\n> > (1) A term defined in the Dictionary at the end of this plan has the same meaning when used in this plan.\n> \n> > (2) In this plan—\n> > \n> > > (a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and\n> > \n> > > (b) a reference to a map is a reference to a map held within the offices of the Council, and\n> > \n> > > (c) a reference to the Council’s Better Living DCP is a reference to Part D (Standards for Development) of the Better Living—Development Control Plan approved by the Council on 8 March 2005.\n> \n> > (3) Explanatory notes to this plan, diagrams and captions to diagrams, and the list of contents, are not part of this plan.\n> \n> > (4) Savings and transitional provision Local environmental plans (including [Blue Mountains Local Environmental Plan No 4](/view/html/inforce/current/epi-1982-0014)) as in force immediately before the commencement of this plan, apply to a development application that was made but had not been finally determined before that commencement as if this plan had been exhibited but had not been made.\n> \n> > (5) If a development application has been made before the commencement of [State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020](/view/pdf/asmade/epi-2020-69) in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.\n> \n> **cl 6:** Am 2020 (69), Sch 1.2\\[1\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Map supporting the plan","content":"#### 7 Map supporting the plan\n\n7 Map supporting the plan\n\n> The land to which this plan applies is shown on the Map, with each sheet of the Map illustrating a part of the land and divided into three panels as follows—\n> \n> > (a) “Map Panel A: Zones, Precincts and Provisions” shows the zone or zones, any precincts and any map-designated provisions applying to that part of the land, and\n> \n> > (b) “Map Panel B: Protected Areas” shows any protected area or areas applying to that part of the land, and\n> \n> > (c) “Map Panel C: Heritage Conservation and Special Use” shows land that is subject to the heritage conservation provisions of this plan and land that is subject to the special use provisions of this plan.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Zones, precincts, protected areas and other map designations","content":"#### 8 Zones, precincts, protected areas and other map designations\n\n8 Zones, precincts, protected areas and other map designations\n\n> > (1) Land is within a zone specified in subclause (2) if it is shown on Map Panel A by distinctive colouring as being within that zone.\n> \n> > (2) This plan uses the following zones—\n> > \n> > > (a) Village—Town Centre,\n> > \n> > > (b) Village—Neighbourhood Centre,\n> > \n> > > (c) Village—Tourist,\n> > \n> > > (d) Village—Housing,\n> > \n> > > (e) Living—General,\n> > \n> > > (f) Living—Conservation,\n> > \n> > > (g) Living—Bushland Conservation,\n> > \n> > > (h) Employment—General,\n> > \n> > > (i) Employment—Enterprise,\n> > \n> > > (j) Regional Transport Corridor,\n> > \n> > > (k) Recreation—Private,\n> > \n> > > (l) Recreation—Open Space,\n> > \n> > > (m) Environmental Protection—Private,\n> > \n> > > (n) Environmental Protection—Open Space.\n> \n> > (3) Land is within a precinct if it is shown on Map Panel A by distinctive edging and annotation as being within that precinct.\n> \n> > (4) Land is subject to the map-designated provision specified in subclause (5) if it is shown on Map Panel A by distinctive hatching, edging or annotation as being subject to that provision.\n> \n> > (5) This plan uses the following map-designated provisions—\n> > \n> > > (a) Accessible Housing Area,\n> > \n> > > (b) Acquisition Requirement,\n> > \n> > > (c) Consolidation (CONS) Requirement,\n> > \n> > > (d) No Subdivision (NS),\n> > \n> > > (e) Proposed Road Closure.\n> \n> > (6) Land is within a protected area specified in subclause (7) if it is shown on Map Panel B by distinctive colouring, hatching or edging as being within that protected area.\n> \n> > (7) This plan uses the following protected areas—\n> > \n> > > (a) Slope Constraint Area,\n> > \n> > > (b) Vegetation Constraint Area,\n> > \n> > > (c) Ecological Buffer Area,\n> > \n> > > (d) Escarpment Area,\n> > \n> > > (e) Water Supply Catchment,\n> > \n> > > (f) Riverine Scenic Quality Corridor,\n> > \n> > > (g) Period Housing Area.\n> \n> > (8) Map Panel C identifies land that is a heritage item, a heritage item of State significance or within a heritage conservation area by distinctive edging, hatching or colouring.\n> \n> > (9) Land is subject to a special use designated in subclause (10) if it is shown on Map Panel C by distinctive colouring as being subject to that special use.\n> \n> > (10) This plan uses the following special use designations—\n> > \n> > > (a) cemetery,\n> > \n> > > (b) defence,\n> > \n> > > (c) depot,\n> > \n> > > (d) educational establishment,\n> > \n> > > (e) emergency services,\n> > \n> > > (f) hospital or health centre,\n> > \n> > > (g) parking facility,\n> > \n> > > (h) public building or facility,\n> > \n> > > (i) waste management facility.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Considerations before development consent","content":"#### 9 Considerations before development consent\n\n9 Considerations before development consent\n\n> Before granting consent to the carrying out of any development on land to which this plan applies, the consent authority is to be satisfied that the development—\n> \n> > (a) is consistent with the aim of this plan and the principles and practices of ecologically sustainable development, and\n> \n> > (b) complies with the principal objectives of the plan that are relevant to the development, and\n> \n> > (c) complies with the locality management provisions within Part 2 that apply to the land, and\n> \n> > (d) complies with the assessment requirements and provisions within Part 3 that are relevant to the development, and\n> \n> > (e) complies with the development provisions within Part 4 that are relevant to the development.","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":"Exceptions to development standards","content":"#### 9A Exceptions to development standards\n\n9A Exceptions to development standards\n\n> > (1) The objectives of this clause are as follows—\n> > \n> > > (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,\n> > \n> > > (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.\n> \n> > (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.\n> \n> > (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—\n> > \n> > > (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and\n> > \n> > > (b) there are sufficient environmental planning grounds to justify the contravention of the development standard.\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759) 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).\n> \n> > (4) The consent authority must keep a record of its assessment carried out under subclause (3).\n> \n> > (5) (Repealed)\n> \n> > (6) Development consent must not be granted under this clause for a subdivision of land in the Environmental Protection—Private zone, Environmental Protection—Open Space zone or Living—Bushland Conservation zone if—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (7) (Repealed)\n> \n> > (8) This clause does not allow development consent to be granted for development that would contravene any of the following—\n> > \n> > > (a) a development standard for complying development,\n> > \n> > > (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](/view/html/repealed/current/epi-2004-0396) applies or for the land on which such a building is situated,\n> > \n> > > (c) clause 90(9) (which relates to the area of a development space within the Living—Bushland Conservation zone),\n> > \n> > > (d) the provisions of Schedule 1 that relate to “site coverage” or “development density” and apply to development of land within the Village—Housing zone.\n> \n> **cl 9A:** Ins 2019 (659), Sch 1.4\\[2\\]. Am 2023 (524), Sch 1.1\\[1\\].","sortOrder":13},{"sectionNumber":"9B","sectionType":"section","heading":"Savings provisions relating to development applications","content":"#### 9B Savings provisions relating to development applications\n\n9B Savings provisions relating to development applications\n\n> > (1) A development application made, but not finally determined, before the commencement of [State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023](/view/pdf/asmade/epi-2023-524) must be determined as if that policy had not commenced.\n> \n> > (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.\n> \n> **cl 9B:** Ins 2023 (524), Sch 1.1\\[3\\]. Am 2023 (609), Sch 2.3\\[1\\].","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Planning principles","content":"## Division 2 Planning principles\n\nDivision 2 Planning principles","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Aim of the plan","content":"#### 10 Aim of the plan\n\n10 Aim of the plan\n\n> The aim of this plan is to provide a comprehensive and explicit framework for the development of land within the City, as the “City within a World Heritage National Park”, in a manner that is consistent with and promotes the principles and practices of ecologically sustainable development.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Ecologically sustainable development","content":"#### 11 Ecologically sustainable development\n\n11 Ecologically sustainable development\n\n> > (1) In this plan, ecologically sustainable development means development that improves the quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends.\n> \n> > (2) This plan acknowledges the following principles and practices of ecologically sustainable development—\n> > \n> > > (a) **Integration**—the effective integration of environmental, social and economic considerations in decision-making.\n> > \n> > > (b) **Community involvement**—recognition that sustainability cannot be achieved, nor significant progress made toward it, without the support and involvement of the community.\n> > \n> > > (c) **Precautionary behaviour**—where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by—\n> > > \n> > > > (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and\n> > > \n> > > > (ii) an assessment of the risk weighted consequences of various options, with particular consideration given to cumulative impacts and ensuring that previous environmental damage is not compounded.\n> > \n> > > (d) **Equity within and between generations**—fairness and equal access to opportunities both in our lifetimes, as well as for future generations.\n> > \n> > > (e) **Continual improvement**—the declining environmental situation means there is an imperative to take immediate action to ensure development becomes more sustainable and to make continual improvement in the management of that development.\n> > \n> > > (f) **Conservation of biological diversity and ecological integrity**—the protection of biological diversity and the maintenance of essential ecological processes and life-support systems should be a fundamental consideration.\n> > \n> > > (g) **Improved valuation and pricing of environmental resources**—environmental factors should be included in the valuation of assets and services.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Principal objectives of the plan","content":"#### 12 Principal objectives of the plan\n\n12 Principal objectives of the plan\n\n> The principal objectives of this plan are—\n> \n> > (a) To maintain the unique identity and values of the City as the “City within a World Heritage National Park”.\n> \n> > (b) To meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms that respond to the principles of ecologically sustainable development.\n> \n> > (c) To conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains.\n> \n> > (d) To identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains.\n> \n> > (e) To preserve and enhance watercourses, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney’s drinking water catchments.\n> \n> > (f) To prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure.\n> \n> > (g) To limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts.\n> \n> > (h) To identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains.\n> \n> > (i) To promote the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community.\n> \n> > (j) To ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services.\n> \n> > (k) To provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values.\n> \n> > (l) To ensure that the siting and design of new buildings, facilities and structures intended primarily for public use make reasonable provision for safe and comfortable access to those buildings for all people, including older people, people with a disability and those with limited mobility.\n> \n> > (m) To integrate development with transport systems and promote safe and sustainable access opportunities, including public transport initiatives, walking and cycling.\n> \n> > (n) To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.\n> \n> **cl 12:** Am 2020 (724), Sch 1.2.","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"Locality management","content":"# Part 2 Locality management\n\nPart 2 Locality management","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"General locality management","content":"#### 13 General locality management\n\n13 General locality management\n\n> > (1) Consent shall not be granted to the carrying out of any development on land to which this plan applies unless—\n> > \n> > > (a) the development complies with the zone objectives within Division 2 (Zone objectives) that apply to the land and that are relevant to the development, and\n> > \n> > > (b) the development proposed to be carried out is permissible within the zone applying to the land in accordance with Division 3 (Permissibility of land use).\n> \n> > (2) Consent shall not be granted to development on land that adjoins land in another zone unless the development proposed to be carried out does not compromise achieving the objectives of the adjoining zone and the consent authority is satisfied that sufficient consideration has been given to the measures proposed to reduce any adverse impacts of the development on land within that adjoining zone.","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Locality management within the villages","content":"#### 14 Locality management within the villages\n\n14 Locality management within the villages\n\n> Consent shall not be granted to development within the—\n> \n> > (a) Village—Town Centre zone, or\n> \n> > (b) Village—Neighbourhood Centre zone, or\n> \n> > (c) Village—Tourist zone, or\n> \n> > (d) Village—Housing zone,\n> \n> unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified for the relevant village within Schedule 1, and complies with those provisions.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Locality management within the living zones","content":"#### 15 Locality management within the living zones\n\n15 Locality management within the living zones\n\n> > (1) Consent shall not be granted to development within the Living—General zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 1 of Schedule 2, and complies with those provisions.\n> \n> > (2) Consent shall not be granted to development within the Living—Conservation zone or to development within roads shown uncoloured on the Map and adjoining the Living—Conservation zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 2, and complies with those provisions.\n> \n> > (3) Consent shall not be granted to development within the Living—Bushland Conservation zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 3 of Schedule 2, and complies with those provisions.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Locality management within the employment zones","content":"#### 16 Locality management within the employment zones\n\n16 Locality management within the employment zones\n\n> > (1) Consent shall not be granted to development within the Employment—General zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 1 of Schedule 3, and complies with those provisions.\n> \n> > (2) Consent shall not be granted to development within the Employment—Enterprise zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 3, and complies with those provisions.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Locality management within the recreation zones","content":"#### 17 Locality management within the recreation zones\n\n17 Locality management within the recreation zones\n\n> > (1) Consent shall not be granted to development within the Recreation—Private zone unless the development proposed to be carried out has been assessed in accordance with—\n> > \n> > > (a) the relevant precinct provisions within Part 1 of Schedule 4, or\n> > \n> > > (b) Division 2 of Part 1 of Schedule 4, where the development proposed to be carried out is not within a specific precinct,\n> > \n> > and complies with those provisions.\n> \n> > (2) Consent shall not be granted to development within the Recreation—Open Space zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 4, and complies with those provisions.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Village—Town Centre zone","content":"#### 18 Village—Town Centre zone\n\n18 Village—Town Centre zone\n\n> The objectives for the Village—Town Centre zone are as follows—\n> \n> > (a) To promote and consolidate the larger towns and villages within the Blue Mountains as the focus of retail, commercial, and community activity.\n> \n> > (b) To promote the unique character of each of the towns and villages of the Blue Mountains.\n> \n> > (c) To promote the economic viability of the towns and villages.\n> \n> > (d) To encourage a broad range of tourist activity in the towns and villages.\n> \n> > (e) To encourage a mix of residential land uses in association with business and community land uses.\n> \n> > (f) To focus large scale retailing and other higher order uses in appropriate locations within the district centres of Katoomba and Springwood.\n> \n> > (g) To promote high quality urban design of built forms.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Village—Neighbourhood Centre zone","content":"#### 19 Village—Neighbourhood Centre zone\n\n19 Village—Neighbourhood Centre zone\n\n> The objectives for the Village—Neighbourhood Centre zone are as follows—\n> \n> > (a) To encourage a range of local convenience shopping facilities and associated commercial and community activities.\n> \n> > (b) To encourage a mix of residential land uses in association with a primarily commercial or retail land use.\n> \n> > (c) To direct future major commercial, retail and professional services to the village areas, thereby discouraging ribbon development along major arterial roads.\n> \n> > (d) To ensure that development contributes to the creation of a distinct village identity.\n> \n> > (e) To ensure that the non-residential uses are environmentally compatible with the residential uses and do not unreasonably affect the residential amenity within the zone as a result of factors such as operating hours, noise, loss of privacy, and pedestrian and vehicular traffic.\n> \n> > (f) To promote high quality urban design of built forms.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Village—Tourist zone","content":"#### 20 Village—Tourist zone\n\n20 Village—Tourist zone\n\n> The objectives for the Village—Tourist zone are as follows—\n> \n> > (a) To allow opportunities for the development of a variety of tourist-orientated land uses and services within a predominantly residential area.\n> \n> > (b) To allow for the consolidation of tourism-related land uses in existing major tourism precincts in the Blue Mountains.\n> \n> > (c) To ensure that development contributes to a strengthening of the landscape character and visual setting along significant tourist routes.\n> \n> > (d) To retain and enhance the established traditional streetscape character and heritage values, including mature vegetation and gardens, that contribute to the attraction of the area for residents and visitors.\n> \n> > (e) To ensure that the building form and design of non-residential land uses do not unreasonably detract from the amenity of adjoining or adjacent residents or the existing quality of the environment by its scale, height, bulk or operation.\n> \n> > (f) To only permit development that does not place unacceptable demands on infrastructure and services.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Village—Housing zone","content":"#### 21 Village—Housing zone\n\n21 Village—Housing zone\n\n> The objectives for the Village—Housing zone are as follows—\n> \n> > (a) To provide diverse housing types in terms of size, access, tenure and levels of affordability.\n> \n> > (b) To consolidate residential opportunities in areas within close proximity to commercial centres and railway stations.\n> \n> > (c) To make area-specific provisions in relation to density, design, form, building materials and landscaping to retain the distinct character of the relevant village location and maintain appropriate transitions to adjoining land uses.\n> \n> > (d) To encourage the provision of housing options that are designed to be accessible for people with special needs or are easily adaptable for these needs in the future.\n> \n> > (e) To ensure that residential development has a scale and character at the streetscape that is consistent with adjoining residential land uses and minimises adverse impact on environmental quality and on the amenity of residents.\n> \n> > (f) To permit only development that does not place unacceptable demands on infrastructure and services.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Living—General zone","content":"#### 22 Living—General zone\n\n22 Living—General zone\n\n> The objectives for the Living—General zone are as follows—\n> \n> > (a) To allow for residential development primarily in the form of detached single dwelling houses in a variety of types, designs and tenures.\n> \n> > (b) To promote residential development in locations that are accessible to services and facilities, thereby encouraging use of transport modes other than private motor vehicles.\n> \n> > (c) To ensure that residential and non-residential development maintains and improves the character of residential areas, in a manner that minimises impacts on the existing amenity and environmental quality of those areas.\n> \n> > (d) To allow a range of non-residential land uses that are consistent with the predominant scale and height of adjoining buildings and do not unreasonably detract from the amenity of adjoining or adjacent residents.\n> \n> > (e) To ensure that development responds to the environmental characteristics of the site.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Living—Conservation zone","content":"#### 23 Living—Conservation zone\n\n23 Living—Conservation zone\n\n> The objectives for the Living—Conservation zone are as follows—\n> \n> > (a) To retain and enhance the character of residential areas that are formed by larger allotments and single dwelling houses within a prominent traditional garden setting.\n> \n> > (b) To enhance the landscape character and setting along roads of heritage significance where the road forms a visually significant entrance to a village or a linkage/pathway between major visitor destinations.\n> \n> > (c) To ensure development, including development within adjoining road reserves, retains the prominence of landscape elements and traditional garden settings.\n> \n> > (d) To ensure that established gardens are retained or landscape settings are re-established as part of any development of land, including development involving major alterations and additions.\n> \n> > (e) To allow for a limited range of non-residential land uses where these are conducted in association with a predominantly residential land use and are consistent with the retention of a residential character based on a landscape or open space setting.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Living—Bushland Conservation zone","content":"#### 24 Living—Bushland Conservation zone\n\n24 Living—Bushland Conservation zone\n\n> The objectives for the Living—Bushland Conservation zone are as follows—\n> \n> > (a) To allow for residential development in the form of single detached dwellings where this development is within the capacity of the environment to sustain such development and is undertaken in a manner that minimises impact on environmentally sensitive areas.\n> \n> > (b) To preserve and re-establish native bushland in areas that exhibit a predominantly bushland character, where consistent with the protection of assets from bush fire.\n> \n> > (c) To permit only low density residential land uses and to retain large allotment sizes in fringe urban locations or locations that do not have reasonable access to services and facilities.\n> \n> > (d) To allow a limited range of non-residential land uses only where these are conducted in association with a predominantly residential land use.\n> \n> > (e) To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for and harmonise with the bushland character of the locality.\n> \n> > (f) To encourage the retention and re-establishment of native bushland along significant fauna corridors and in areas of high visual significance, including escarpment areas and along the Regional Transport Corridor.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Employment—General zone","content":"#### 25 Employment—General zone\n\n25 Employment—General zone\n\n> The objectives for the Employment—General zone are as follows—\n> \n> > (a) To encourage the establishment of a broad range of industrial and associated land uses which will generate greater local employment opportunities.\n> \n> > (b) To allow a wide range of employment generating land uses and facilities including industry, advanced technology, wholesale sales, storage, distribution, servicing, research and ancillary administrative uses, where these incorporate measures to conserve the sensitive environment of the Blue Mountains.\n> \n> > (c) To ensure that industrial development incorporates measures to mitigate the impact of its operation on the environment from noise generation or pollution.\n> \n> > (d) To allow retail development where it is associated with a primarily industrial land use or for appropriate bulky goods retailing.\n> \n> > (e) To ensure that the form and siting of buildings, colours and landscaping elements contribute to development of a landscape setting for industrial land uses and retain any existing bushland character.\n> \n> > (f) To allow industrial and other compatible development which incorporates controls on potential impacts on the amenity of residents in adjoining residential areas.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Employment—Enterprise zone","content":"#### 26 Employment—Enterprise zone\n\n26 Employment—Enterprise zone\n\n> The objectives for the Employment—Enterprise zone are as follows—\n> \n> > (a) To promote the development of mixed use residential and business areas with a high quality built environment and amenity.\n> \n> > (b) To provide greater opportunities for the location and growth of small businesses, particularly those related to information technology and cultural industries such as arts and design-based businesses and associated production.\n> \n> > (c) To permit minor retail uses where they are ancillary to the primary land use and do not detract from the growth of the town and village centres as primary retailing centres.\n> \n> > (d) To ensure that the design of new development is adaptable for both residential and business land uses.\n> \n> > (e) To ensure that development incorporates landscape elements that provide an appropriate landscape setting for business and residential land uses.\n> \n> > (f) To allow for the provision of recreational facilities.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Regional Transport Corridor zone","content":"#### 27 Regional Transport Corridor zone\n\n27 Regional Transport Corridor zone\n\n> The objectives for the Regional Transport Corridor zone are as follows—\n> \n> > (a) To clearly identify land for the provision of major transportation networks and facilities.\n> \n> > (b) To recognise corridors of existing railway and classified road lands and to identify future road and railway alignments.\n> \n> > (c) To ensure that development within the zone is integrated with the surrounding natural, physical or built environment.\n> \n> > (d) To ensure that all works contribute to the safe and effective operation of classified roads for pedestrians, cyclists, public transport users and motorists.\n> \n> > (e) To identify land that is required for widening of the corridor and to enable its acquisition by the relevant authority.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Recreation—Private zone","content":"#### 28 Recreation—Private zone\n\n28 Recreation—Private zone\n\n> The objectives for the Recreation—Private zone are as follows—\n> \n> > (a) To encourage the development of land in a manner which satisfies the private recreational needs of the community.\n> \n> > (b) To allow development of land uses and activities that support and are compatible with private recreational land use.\n> \n> > (c) To ensure that recreational development is environmentally sensitive and site responsive and compatible with use of the land for sport, entertainment, education, tourism and accommodation of older people and people with a disability.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Recreation—Open Space zone","content":"#### 29 Recreation—Open Space zone\n\n29 Recreation—Open Space zone\n\n> The objectives for the Recreation—Open Space zone are as follows—\n> \n> > (a) To enhance the quality of life of residents and visitors and improve the amenity of the villages in the Blue Mountains through the provision and management of open space.\n> \n> > (b) To identify and provide public land to be used for open space and public recreational purposes.\n> \n> > (c) To provide for a range of recreational settings to cater for the needs of local residents and visitors.\n> \n> > (d) To promote improved recreational facilities on publicly owned land.\n> \n> > (e) To improve the environmental quality of the area and ensure that recreational development is environmentally sensitive and site responsive.\n> \n> > (f) To identify privately owned land that should be acquired for recreational purposes.\n> \n> > (g) To ensure that the development of land is consistent with any plan of management applying to the land.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Environmental Protection—Private zone","content":"#### 30 Environmental Protection—Private zone\n\n30 Environmental Protection—Private zone\n\n> The objectives for the Environmental Protection—Private zone are as follows—\n> \n> > (a) To protect land that is environmentally sensitive or has high scenic value from development, where that land is privately owned or is not intended to be used as public open space.\n> \n> > (b) To encourage land restoration works on disturbed bushland areas.\n> \n> > (c) To allow bush fire hazard reduction that is in a form consistent with the protection of natural ecological values.\n> \n> > (d) To restrict development on part of land that is inappropriate by reason of physical characteristics or high bush fire hazard, but only where less restricted development is allowed by this plan elsewhere on the land due to its different zoning.\n> \n> > (e) To contribute to the maintenance of bio-diversity in the Blue Mountains.\n> \n> > (f) To allow for low impact nature-based recreational activities that are consistent with the protection of the land’s natural ecological significance.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Environmental Protection—Open Space zone","content":"#### 31 Environmental Protection—Open Space zone\n\n31 Environmental Protection—Open Space zone\n\n> The objectives for the Environmental Protection—Open Space zone are as follows—\n> \n> > (a) To ensure conservation and facilitate management of environmentally sensitive land and areas of high scenic value in the City.\n> \n> > (b) To provide a buffer around areas of natural ecological significance.\n> \n> > (c) To restrict development on land that is inappropriate by reason of the physical characteristics or the high bush fire hazard of the land.\n> \n> > (d) To allow bush fire hazard reduction that is in a form consistent with the protection of natural ecological values.\n> \n> > (e) To provide for nature-based recreational opportunities that are compatible with the land’s natural, cultural and aesthetic values and to foster an appreciation of those values.\n> \n> > (f) To encourage land restoration works on disturbed bushland areas.\n> \n> > (g) To ensure that the development of land is consistent with any plan of management applying to the land.\n> \n> > (h) To identify privately owned land that should be acquired for environmental protection and open space purposes.","sortOrder":40},{"sectionNumber":"Division 3","sectionType":"division","heading":"Permissibility of land use","content":"## Division 3 Permissibility of land use\n\nDivision 3 Permissibility of land use","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Land use matrix","content":"#### 32 Land use matrix\n\n32 Land use matrix\n\n> > (1) Except as otherwise provided by this Division or Division 4 of Part 3 (Heritage conservation), development that—\n> > \n> > > (a) is allowed without development consent, or\n> > \n> > > (b) is allowed only with development consent, or\n> > \n> > > (c) is prohibited,\n> > \n> > is specified in the land use matrix in subclause (6).\n> \n> > (2) The following symbols are used in the land use matrix in subclause (6)—\n> > \n> > |  |  |  |\n> > |  | • | development that is allowed within the relevant zone without development consent. |\n> > |  |  |  |\n> > |  | C | development that is allowed within the relevant zone only with development consent. |\n> > |  |  |  |\n> > |  | 1 | development that is allowed within a precinct within the Recreation—Private zone only with development consent. |\n> > |  |  |  |\n> > |  | 2 | development that is allowed within the Katoomba Precinct VTC-KA02, Springwood Precinct VTC-SP01 and Winmalee Precinct VTC-WL01 in the Village—Town Centre zone only with development consent. |\n> > |  |  |  |\n> > |  | 3 | development that is allowed within the Katoomba Precinct VTC-KA01, Katoomba Precinct VTC-KA02 and Springwood Precinct VTC-SP01 in the Village—Town Centre zone only with development consent. |\n> > |  |  |  |\n> > |  | 4 | development that is allowed only with development consent, except where it is allowed without development consent by clause 36 (Bush fire hazard reduction). |\n> > |  |  |  |\n> > |  | 5 | development that is allowed within the relevant zone only with development consent, except where development is allowed without development consent by clause 126 (Special use). |\n> > |  |  |  |\n> > |  | 6 | development that is allowed within the relevant zone only with development consent, except on bush fire prone land where it is prohibited. |\n> > |  |  |  |\n> > |  | 7 | development that is allowed within the relevant zones only with development consent, except on land in Mount Victoria Precinct VNC–MV01—Village Neighbourhood Centre Precinct and Glenbrook Precinct VNC–GB01—Glenbrook Shops Precinct where it is prohibited. |\n> > |  |  |  |\n> > |  |  | development that is prohibited. |\n> > |  |  |  |\n> \n> > (3) The subdivision of land is allowed within any zone with development consent.\n> \n> > (3A) The demolition of a building or work may be carried out only with development consent.\n> > \n> > Note—\n> > \n> > 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](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.\n> \n> > (4) The clearing of vegetation is allowed within any zone only with development consent, except where otherwise allowed by clause 54 (Preservation of trees) or clause 54A (Bushland protection).\n> \n> > (5) Subject to subclauses (3) and (4) and clause 33 (Exempt and complying development), all development not identified in the land use matrix is prohibited.\n> \n> > (6) The following land use matrix applies for the purposes of this plan—\n> > \n> > | Zone— | Village | Living | Employment | RTC | Recreation | Environment Protection |\n> > | Development for the purpose of— | TC | NC | T | H | G | C | BC | G | EN |  | PR | OS | PR | OS |\n> > | accessible housing | C |  | C | C | C |  |  |  |  |  | 1 |  |  |  |\n> > | advertising structures | C | C | C | C | C | C | C | C | C |  | C | C |  |  |\n> > | amusement centres | C |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | animal establishments |  |  |  |  |  |  |  | C |  |  | C |  |  |  |\n> > | arts and crafts galleries | C | C | C |  |  |  |  | C | C |  | C |  |  |  |\n> > | bed and breakfast establishments | C | C | C | C | C | C | C |  |  |  |  |  |  |  |\n> > | boarding houses | C | C | C | C | C |  |  |  |  |  |  |  |  |  |\n> > | bulky goods showrooms | C |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | bush regeneration | • | • | • | • | • | • | • | • | • | • | • | • | • | • |\n> > | bush fire hazard reduction | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 |\n> > | camping sites |  |  |  |  |  |  |  |  |  |  | C | C |  |  |\n> > | car repair stations |  | 7 |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | caravan parks |  |  |  |  |  |  |  |  |  |  | C | C |  |  |\n> > | caretakers’ dwellings |  |  |  |  |  |  |  | C | C |  | C | C |  |  |\n> > | child care centres | C | C | C | C | C | C |  | C | C |  | C | C |  |  |\n> > | clubs | C |  |  |  |  |  |  | C | C |  | C | C |  |  |\n> > | cluster housing |  |  |  |  |  |  | C |  |  |  |  |  |  |  |\n> > | commercial premises | C | C |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | community buildings | C | C | C | C | C |  |  | C | C |  | C | C |  |  |\n> > | community centres | C | C |  | C |  |  |  |  |  |  | C |  |  |  |\n> > | dams |  |  |  |  |  |  | C |  |  |  | C | C |  |  |\n> > | development ancillary to a dwelling house | C | C | C | C | C | C | C |  | C | C |  |  | C |  |\n> > | display gardens | C | C | C | C | C | C | C |  | C |  | C | C |  |  |\n> > | district supermarkets | 2 |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | domestic swimming pools | C | C | C | C | C | C | C | C | C | C | C |  |  |  |\n> > | drive-in take-away food outlets | 3 |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | dual occupancies | C |  | C | C | C |  |  |  | C |  |  |  |  |  |\n> > | dwelling houses | C | C | C | C | C | C | C |  | C | C |  |  |  |  |\n> > | educational establishments | C | C | C | C | C |  |  | C | C |  | C |  |  |  |\n> > | exhibition homes | C |  | C | C | C | C | C |  | C |  |  |  |  |  |\n> > | general stores | C | C | C | C | C | C |  | C | C |  |  |  |  |  |\n> > | granny flats | C |  | C | C | C | C | C |  | C |  |  |  |  |  |\n> > | hazardous industries or hazardous storage establishments |  |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | health care practices | C | C | C | C | C | C |  | C | C |  |  |  |  |  |\n> > | holiday lets | C | C | C | C | C | C | C |  |  |  |  |  |  |  |\n> > | home businesses | • | • | • | • | • | • | • | • | • | • | • |  |  |  |\n> > | home employment | C | C | C | C |  |  |  |  | C |  |  |  |  |  |\n> > | home occupations | • | • | • | • | • | • | • | • | • | • | • | • | • | • |\n> > | hospitals | C |  |  | C | C |  |  | C |  |  |  |  |  |  |\n> > | hotels | C |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | industries |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | institutions |  |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | integrated housing | C | C | C | C | C | C | C |  | C |  |  |  |  |  |\n> > | land management works | • | • | • | • | • | • | • | • | • | • | • | • | • | • |\n> > | light industries |  |  |  |  |  |  |  | C | C |  |  |  |  |  |\n> > | liquid fuel depots |  |  |  |  |  |  |  | 6 |  |  |  |  |  |  |\n> > | medical centres | C | C |  | C |  |  |  | C | C |  |  |  |  |  |\n> > | motor showrooms |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | multi-dwelling housing | C |  | C | C |  |  |  |  |  |  |  |  |  |  |\n> > | nature-based recreation |  |  |  |  |  |  |  |  |  |  | C | C | C | C |\n> > | offensive industries or offensive storage establishments |  |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | panel beating workshops |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | parking | C | C | C | C | C | C | C | C | C | C | C | C |  | C |\n> > | parking facilities | C | C |  |  |  |  |  | C | C | C |  |  |  |  |\n> > | permaculture |  |  | • | • | • | • | • |  |  |  | • | C |  |  |\n> > | places of assembly | C | C |  | C |  |  |  | C | C |  | C |  |  |  |\n> > | places of worship | C | C | C | C | C |  |  | C | C |  | C | C |  |  |\n> > | public buildings | C | C | C | C | C |  |  | C | C |  | C | C |  |  |\n> > | public transport terminals | C | C |  |  |  |  |  |  |  | C |  |  |  |  |\n> > | public utility undertakings | • | • | • | • | • | • | • | • | • | • | • | • | • | • |\n> > | recreation areas | C | C | C |  |  |  |  | C | C |  | C | C |  |  |\n> > | recreation facilities | C | C |  |  |  |  |  | C | C |  | C | C |  |  |\n> > | refreshment rooms | C | C | C | C |  |  |  |  |  |  | C | C |  |  |\n> > | remediation of contaminated land | C | C | C | C | C | C | C | C | C | C | C | C | C | C |\n> > | retail plant nurseries | C | C |  |  |  |  |  | C | C |  |  |  |  |  |\n> > | roads | C | C | C | C | C | C | C | C | C | C | C | C | C | C |\n> > | road transport terminals |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | self-storage units |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | service stations |  |  |  |  |  |  |  | 6 |  | 6 |  |  |  |  |\n> > | sex establishments |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | shop-top housing | C |  |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | shops | C | C |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | special uses | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 |  | 5 |\n> > | take-away food outlets | C | C |  |  |  |  |  |  |  |  |  |  |  |  |\n> > | telecommunications facilities | C | C | C | C | C | C | C | C | C | C | C | C | C | C |\n> > | tourist accommodation | C | C | C |  |  |  |  |  |  |  |  |  |  |  |\n> > | transport depots |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | utility installations | • | • | • | • | • | • | • | • | • | • | • | • | • | • |\n> > | veterinary establishments | C | C |  |  |  |  |  | C | C |  |  |  |  |  |\n> > | visitor facilities | C | C | C | C | C | C | C |  |  | C | C | C |  | C |\n> > | warehouses |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > | waste processing facilities |  |  |  |  |  |  |  | C |  |  |  |  |  |  |\n> > \n> > Abbreviations relating to zone names—\n> > \n> > | BC | Bushland Conservation |\n> > | C | Conservation |\n> > | EN | Enterprise |\n> > | G | General |\n> > | H | Housing |\n> > | NC | Neighbourhood Centre |\n> > | OS | Open Space |\n> > | PR | Private |\n> > | RTC | Regional Transport Corridor |\n> > | T | Tourist |\n> > | TC | Town Centre |\n> \n> **cl 32:** Am 2009 (189), Sch 1 \\[1\\] \\[2\\]; 2019 (659), Sch 2.4\\[1\\] \\[2\\].","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Exempt and complying development","content":"#### 33 Exempt and complying development\n\n33 Exempt and complying development\n\n> > (1) Notwithstanding clause 32 (Land use matrix), development of minimal environmental impact listed in Schedule 1 to Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999, is exempt development, despite any other provision of this plan.\n> \n> > (2) Notwithstanding clause 32 (Land use matrix) and subject to this clause, development listed in Schedule 2 to Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999, is complying development if—\n> > \n> > > (a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and\n> > \n> > > (b) it is not an existing use, as defined in section 106 of the Act.\n> \n> > (3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999.\n> \n> > (4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Blue Mountains Development Control Plan No 33, as in force when the certificate is issued.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Development near zone boundaries","content":"#### 34 Development near zone boundaries\n\n34 Development near zone boundaries\n\n> > (1) Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within the maximum distance from the boundary between that zone and another zone, if it is allowed in the other zone either with or without development consent.\n> \n> > (2) Consent shall not be granted to development pursuant to this clause unless the consent authority is satisfied that carrying out the proposed development will—\n> > \n> > > (a) have the effect of extending development that is being or will be lawfully carried out in the zone in which it is allowed in the absence of this clause, and\n> > \n> > > (b) comply with the objectives of the zone in which it will be carried out.\n> \n> > (3) In this clause, the maximum distance means 20 metres or, if the otherwise prohibited development will be carried out within the Environmental Protection—Private or Environmental Protection—Open Space zone, 10 metres.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Temporary use of land","content":"#### 35 Temporary use of land\n\n35 Temporary use of land\n\n> > (1) Notwithstanding clause 32 (Land use matrix) but subject to subclauses (2)–(4), consent may be granted to the temporary use of any land or building for any purpose (including but not limited to an exhibition, concert, fair, sporting event, fete or market) provided the consent authority is satisfied that—\n> > \n> > > (a) the use will cease within a specified time, and\n> > \n> > > (b) suitable arrangements have been or will be made for the removal of any waste, or any temporary structures erected or works carried out in connection with the temporary use, and for the restoration of the land after the cessation of the temporary use, and\n> > \n> > > (c) the temporary use is reasonable having regard to the nature of the temporary use and the economic use of the land pending its development otherwise in accordance with this plan, and\n> > \n> > > (d) the temporary use will not unreasonably adversely affect residential amenity, and\n> > \n> > > (e) the temporary use would not be likely to unreasonably affect the economic viability of any village centre in the locality, and\n> > \n> > > (f) the objectives of the zone in which the land is located will not be compromised over the long term by the temporary use.\n> \n> > (2) Consent may be granted to the temporary use of any land or building for not more than 28 days, whether consecutive or non-consecutive, in any one year.\n> \n> > (3) Consent may be granted for a temporary use under this clause over a period of not more than 3 consecutive years, allowing the temporary use for not more than 28 days in each of those years.\n> \n> > (4) This clause does not apply where—\n> > \n> > > (a) the temporary use would be designated development, or\n> > \n> > > (b) the land proposed to be used for the temporary use is located in the Environmental Protection—Private zone or Environmental Protection—Open Space zone.\n> \n> > (5) Any requirement within this plan for the preparation of assessments, studies or plans may be waived where the consent authority is satisfied that the preparation of these assessments, studies or plans is unreasonable or unjustified having regard to the nature of the temporary use.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Bush fire hazard reduction","content":"#### 36 Bush fire hazard reduction\n\n36 Bush fire hazard reduction\n\n> Development consent is not required for the doing of—\n> \n> > (a) emergency bush fire hazard reduction work, or\n> \n> > (b) managed bush fire hazard reduction work, or\n> \n> > (c) work that complies with a bush fire hazard reduction certificate issued in accordance with the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), or\n> \n> > (d) bush fire hazard reduction work that complies with any requirement for the establishment or maintenance of an asset protection zone approved by the consent authority.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Bush fire safety authority","content":"#### 37 Bush fire safety authority\n\n37 Bush fire safety authority\n\n> Notwithstanding clause 32 (Land use matrix), consent shall not be granted for—\n> \n> > (a) the subdivision of bush fire prone land for residential purposes, or\n> \n> > (b) the development of bush fire prone land for a special fire protection purpose,\n> \n> unless a bush fire safety authority required by the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) has been issued by the Commissioner of the NSW Rural Fire Service.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Development of land for certain additional purposes","content":"#### 38 Development of land for certain additional purposes\n\n38 Development of land for certain additional purposes\n\n> > (1) Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), a person may with consent carry out development on land identified in Schedule 8 that is specified in that Schedule for the land, subject to such conditions as are so specified.\n> \n> > (2) Consent shall not be granted to development for those items numbered ALU01, ALU02 or ALU03 in Schedule 8, after the expiration of 1 year from the appointed day.\n> \n> > (3) Nothing in subclause (2) shall prevent consent from being granted to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted in accordance with this clause.","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Consolidation (CONS) requirement","content":"#### 39 Consolidation (CONS) requirement\n\n39 Consolidation (CONS) requirement\n\n> > (1) Notwithstanding clause 32 (Land use matrix), where a consolidation requirement is shown by the notation (CONS) for land shown edged by a heavy line on Map Panel A, development (other than an existing use or for the purpose of bush fire hazard reduction) is prohibited unless all adjoining lots with this notation, which are shown edged with a heavy line, have been consolidated into one lot.\n> \n> > (2) Consent may be granted to a subdivision of land to which subclause (1) applies only if the proposed subdivision is—\n> > \n> > > (a) a boundary adjustment where no additional lots are created, or\n> > \n> > > (b) for the purpose of providing land for a public purpose.","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"No subdivision (NS)","content":"#### 40 No subdivision (NS)\n\n40 No subdivision (NS)\n\n> > (1) Notwithstanding clause 32 (Land use matrix), where a no subdivision requirement is shown by the notation (NS) for land shown edged by a heavy line on Map Panel A, the subdivision of that land to create additional lots is prohibited.\n> \n> > (2) Consent may be granted to a subdivision of land to which subclause (1) applies only if the proposed subdivision is—\n> > \n> > > (a) a boundary adjustment where no additional lots are created, or\n> > \n> > > (b) for the purpose of providing land for a public purpose, or\n> > \n> > > (c) a strata subdivision.","sortOrder":50},{"sectionNumber":"40A","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 40A Conversion of fire alarms\n\n40A Conversion of fire alarms\n\n> > (1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> > (3) Development to which subclause (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (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.\n> \n> > (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.\n> \n> > (5) In this clause—\n> > \n> > 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.\n> \n> **cl 40A:** Ins 2019 (659), Sch 2.4\\[3\\].","sortOrder":51},{"sectionNumber":"40B","sectionType":"section","heading":"Standards that cannot be used to refuse consent—playing and performing music","content":"#### 40B Standards that cannot be used to refuse consent—playing and performing music\n\n40B Standards that cannot be used to refuse consent—playing and performing music\n\n> > (1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—\n> > \n> > > (a) the playing or performance of music, including the following—\n> > > \n> > > > (i) the genre of music played or performed, or\n> > > \n> > > > (ii) whether the music played or performed is live or amplified, or\n> > > \n> > > > (iii) whether the music played or performed is original music, or\n> > > \n> > > > (iv) the number of musicians or live entertainment acts playing or performing, or\n> > > \n> > > > (v) the type of instruments played,\n> > \n> > > (b) whether dancing occurs,\n> > \n> > > (c) the presence or use of a dance floor or another area ordinarily used for dancing,\n> > \n> > > (d) the direction in which a stage for players or performers faces,\n> > \n> > > (e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.\n> \n> > (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.\n> \n> > (3) In this clause—\n> > \n> > licensed premises has the same meaning as in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n> \n> **cl 40B:** Ins 2020 (724), Sch 3.","sortOrder":52},{"sectionNumber":"40C","sectionType":"section","heading":"Flood planning","content":"#### 40C Flood planning\n\n40C Flood planning\n\n> > (1) The objectives of this clause are as follows—\n> > \n> > > (a) to minimise the flood risk to life and property associated with the use of land,\n> > \n> > > (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,\n> > \n> > > (c) to avoid adverse or cumulative impacts on flood behaviour and the environment,\n> > \n> > > (d) to enable the safe occupation and efficient evacuation of people in the event of a flood.\n> \n> > (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—\n> > \n> > > (a) is compatible with the flood function and behaviour on the land, and\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (d) incorporates appropriate measures to manage risk to life in the event of a flood, and\n> > \n> > > (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.\n> \n> > (3) In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—\n> > \n> > > (a) the impact of the development on projected changes to flood behaviour as a result of climate change,\n> > \n> > > (b) the intended design and scale of buildings resulting from the development,\n> > \n> > > (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,\n> > \n> > > (d) the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.\n> \n> > (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.\n> \n> > (5) In this clause—\n> > \n> > 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.\n> > \n> > flood planning area has the same meaning as it has in the Flood Risk Management Manual.\n> > \n> > Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n> \n> **cl 40C:** Ins 2022 (629), Sch 2\\[2\\]. Am 2023 (609), Sch 2.3\\[2\\] \\[3\\].","sortOrder":53},{"sectionNumber":"40D","sectionType":"section","heading":"Canal estate development prohibited","content":"#### 40D Canal estate development prohibited\n\n40D Canal estate development prohibited\n\n> > (1) Canal estate development is prohibited on land to which this Plan applies.\n> \n> > (2) In this clause—\n> > \n> > canal estate development has the same meaning as in the standard instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n> \n> **cl 40D:** Ins 2022 (629), Sch 2\\[4\\].","sortOrder":54},{"sectionNumber":"Part 3","sectionType":"part","heading":"Assessing the site and environmental context","content":"# Part 3 Assessing the site and environmental context\n\nPart 3 Assessing the site and environmental context","sortOrder":55},{"sectionNumber":"41","sectionType":"section","heading":"General","content":"#### 41 General\n\n41 General\n\n> The objectives of the site analysis provisions within this Part are—\n> \n> > (a) to require the impact of development on the natural and built environment to be taken into account as part of the site planning process, and\n> \n> > (b) to establish a sound basis for design or management responses to be incorporated into development proposals to minimise that impact.","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Site analysis plan","content":"#### 42 Site analysis plan\n\n42 Site analysis plan\n\n> > (1) The consent authority may decline to grant consent to development, excluding development comprised of minor additions, unless it has considered a site analysis plan, which should be included as part of the statement of environmental effects.\n> \n> > (2) The site analysis plan must—\n> > \n> > > (a) include such information specified in clause 43 (Contents of site analysis plan) as is relevant, in the opinion of the consent authority, to enable the full consideration of the environmental impacts of the proposed development, and\n> > \n> > > (b) be accompanied by a written statement explaining how the design and location of the proposed development has had regard to the objectives in clause 41 and to the site analysis.\n> \n> > (3) The components of a site analysis plan may be supplemented by further assessments and plans, as specified elsewhere in this Part.\n> \n> Note—\n> \n> Assessments and plans required by clauses within this Part should include all details necessary to show that the development complies with the relevant objectives and provisions within this Part. Where a number of clauses apply and require a site analysis plan, detailed environmental assessments and other environmental studies, these requirements may be met by a single consolidated environmental study. This is to remove the need for repetition where multiple environmental constraints would otherwise result in a number of environmental studies being required.","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Contents of site analysis plan","content":"#### 43 Contents of site analysis plan\n\n43 Contents of site analysis plan\n\n> A site analysis plan is to include or be accompanied by supporting information, where appropriate, about the site and its surrounds in accordance with the following Table—\n> \n> TABLE\n> \n> | Contents of site analysis plan |\n> | (1) | With respect to site characteristics—(a) the location, boundary dimensions and area of the subject site and the north point, and(b) contours of the subject site at an appropriate interval and the contours of adjoining allotments to the extent necessary to depict slope conditions that may affect the subject site, and(c) the movement of sun across the site, and(d) the prevailing wind direction and likely wind speeds across the site. |\n> | (2) | With respect to flora and fauna—(a) the location and identity of any significant vegetation community on the site, including scientific and common names, and(b) the location and identity of any threatened species, populations or ecological communities on the site, including scientific and common names, and(c) the location and identity of any rare species of flora on the site, including scientific and common names, and(d) whether the site contains or forms part of a fauna corridor, and(e) the location and identity of all vegetation to be removed, including scientific and common names, and(f) the total area of vegetation to be removed in square metres, and(g) details of the qualifications and experience of the person who supplied the particulars required by this paragraph. |\n> | (3) | With respect to other environmental characteristics—(a) the location of, and measures proposed to protect, vegetation to be retained, and(b) the location and extent of all existing and proposed water permeable areas, including lawns, and shrub/garden beds, and(c) the total area of the lot covered or proposed to be covered by water permeable surfaces in square metres and the percentage of the lot covered by water permeable surfaces, and(d) the location of all existing and proposed hard or impervious surfaces on the site, including areas covered by buildings, sealed driveways or paving, and(e) the total area of the lot covered or proposed to be covered by hard surfaces in square metres and the percentage of the lot that will be covered by hard surfaces when the proposed development has been carried out, and(f) the location of all slopes greater than 20 per cent and the direction of fall or drainage from those areas, and(g) the soil type, structure and characteristics of any part of the site that has slopes greater than 20 per cent on which development or clearing is proposed to be located, and(h) the location of any watercourse corridor on the site, or within 100 metres of the site with the potential to receive surface water run-off or sub-surface water from the site, and(i) the location of any significant natural features such as rock outcrops, rock ledges and cliffs. |\n> | (4) | With respect to character—(a) the character of surrounding areas (best displayed with photographs of buildings on adjoining sites and adjacent streetscape), and(b) setbacks, height, use and location of buildings on adjoining land, and other uses, including any potential noise sources, private open space areas or windows which may overlook the site, and(c) any views to and from the land. |\n> | (5) | With respect to heritage—(a) the location of any heritage item on the site, including its curtilage, and(b) a statement that the site falls within a heritage conservation area where applicable, and(c) the location of any archaeological sites on the land, and(d) the location of any Aboriginal object or Aboriginal place. |\n> | (6) | With respect to bush fire—(a) a statement that the site is bush fire prone land, where applicable, and(b) for bush fire prone land, the location, extent and vegetation group of any bushland on or within 140 metres of the site, and(c) for bush fire prone land, the slope and aspect of the site and of any bush fire prone land within 100 metres of the site, which may determine the likely path of any bush fires, and(d) any features on or adjoining the site that may mitigate the impact of a high intensity bush fire on the proposed development, and(e) for development of bush fire prone land, a statement assessing the environmental impact of any proposed bush fire protection measures. |\n> | (7) | With respect to other hazards, the identification of any present or past usages of the site that may represent a risk to community health or the environment with respect to site contamination or potential site contamination. |\n> | (8) | With respect to services—(a) the position of any drainage services and easements, as they relate to the pattern of water movement across the site, and(b) the location of above ground or below ground services, including those for the provision of power supply, water supply, water storage and disposal of wastewater. |\n> | (9) | With respect to carrying out the proposed development—(a) the location of any existing buildings or structures on the site and their use, and(b) the location of existing or proposed access to the site, including any pathways, tracks or driveways and the number and location of on-site car parking areas, and(c) for bush fire prone land, the existing and proposed road network, including the width of roads, and whether they are connector roads or cul-de-sacs, and(d) the location of any proposed “cut” or “fill” and details including retaining structures, proposed fill material, level of finished fill, extent of finished fill in relation to adjoining properties and the effect on adjoining properties, particularly in relation to water flow, and(e) any other buildings or structures proposed for the site. |","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Environmental impact","content":"#### 44 Environmental impact\n\n44 Environmental impact\n\n> > (1) Impact on the National Park Consent shall not be granted to development proposed on any land adjacent to the Blue Mountains National Park, unless the consent authority—\n> > \n> > > (a) has considered the impact of the proposed development on the aesthetic, historical, natural, scenic and scientific attributes of the land within the National Park, and\n> > \n> > > (b) has considered any comments from the Department of Environment and Conservation in relation to the effect of the proposed development, and\n> > \n> > > (c) is satisfied that the development incorporates effective measures to avoid, remedy or mitigate any adverse environmental impact on land within the National Park.\n> \n> > (2) Subdivision Consent shall not be granted to the subdivision of land to create additional lots unless the development will incorporate effective measures, satisfactory to the consent authority, to ensure that the development, and any asset protection zones required to protect the land to be subdivided, will have no adverse environmental impact on any development excluded land.\n> \n> > (3) Development on lots created within the Living—Bushland Conservation zone Where a lot is created by the subdivision of land within the Living—Bushland Conservation zone in accordance with this plan, consent shall not be granted to any development (excluding a work for the purpose of providing public utility services) proposed to take place wholly or partly on development excluded land, unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development, including any required asset protection zones, will have no adverse impact on the development excluded land concerned.\n> \n> > (4) Other development All buildings and works, and any asset protection zone, not subject to subclauses (2) or (3) should be designed and sited so as to have no adverse environmental impact on any of the following—\n> > \n> > > (a) any significant vegetation community,\n> > \n> > > (b) the habitat of any threatened species, populations or ecological communities,\n> > \n> > > (c) any rare species of flora,\n> > \n> > > (d) any fauna corridor,\n> > \n> > > (e) the hydrological aspect of the locality,\n> > \n> > > (f) any watercourse or wetland,\n> > \n> > > (g) any significant natural features, including rock outcrops, rock ledges and cliffs.\n> \n> > (5) Where an adverse environmental impact cannot be avoided for development to which subclause (4) applies, consent shall not be granted unless the consent authority is satisfied that the development—\n> > \n> > > (a) has been designed and sited so as to have the minimum possible adverse impact on the environmental attributes identified in subclause (4) (a)–(g), and\n> > \n> > > (b) incorporates effective measures to remedy or mitigate any adverse environmental impact, and\n> > \n> > > (c) offsets those environmental impacts through the restoration of any existing disturbed areas on the site.\n> \n> > (6) In determining whether an adverse environmental impact cannot be avoided in accordance with subclause (5), the consent authority shall—\n> > \n> > > (a) have regard to the purposes for which the land is intended to be used with reference to the zone objectives applying to the land, and\n> > \n> > > (b) be satisfied that no practicable alternative is available in terms of the design, type and site coverage of the proposed development (including any measures required to protect life and property from the threat of bush fire) and the suitability of the physical characteristics of the land for the proposed development.\n> \n> > (7) Impact of bush fire protection measures The provision of asset protection zones as referred to in subclauses (2), (3) and (4) shall balance the conservation of the natural environment with the protection of life and property from bush fire by being designed, sited or maintained so as to—\n> > \n> > > (a) not exceed the level of clearing and reduction of vegetation prescribed in the bush fire code, unless otherwise prescribed by the provisions of this plan, and\n> > \n> > > (b) minimise environmental disturbance by using the method of bush fire hazard reduction that is suited to the characteristics of the site, in accordance with the Council’s Better Living DCP, and\n> > \n> > > (c) not be located on any land that has contiguous areas of slope greater than 33 per cent, unless no other viable alternative is available, and\n> > \n> > > (d) retain, where practicable, any existing mature smooth-barked trees which contain faunal habitat hollows, and\n> > \n> > > (e) incorporate the planting of species that have bush fire resistant properties and are compatible with locally indigenous vegetation.","sortOrder":61},{"sectionNumber":"45","sectionType":"section","heading":"Protected Area—Slope Constraint Area","content":"#### 45 Protected Area—Slope Constraint Area\n\n45 Protected Area—Slope Constraint Area\n\n> > (1) Consent shall not be granted to development on any land within a Protected Area—Slope Constraint Area that has contiguous areas of slope greater than 20 per cent (protected land) unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.\n> \n> > (2) The objectives for a Protected Area—Slope Constraint Area are—\n> > \n> > > (a) to restrict development of land that has contiguous areas of slope greater than 20 per cent or physical characteristics that render the land inappropriate for development, and\n> > \n> > > (b) to ensure that development on land that has contiguous areas of slope greater than 20 per cent is designed and sited to minimise vegetation clearing and soil disturbance, and\n> > \n> > > (c) to encourage the retention, restoration and maintenance of disturbed native vegetation on steep land.\n> \n> > (3) Development, including the erection of buildings, carrying out of alterations to buildings, clearing of native vegetation, and the carrying out of works that disturb the soil or alter the natural drainage pattern, on land to which this clause applies, is to—\n> > \n> > > (a) retain and maintain all existing native vegetation outside the area immediately required for the development, and\n> > \n> > > (b) incorporate measures to regenerate native vegetation on all land with slopes greater than 20 per cent that has already been cleared and does not form part of the site of existing development or the proposed development, and\n> > \n> > > (c) not adversely impact on the rate, volume or quality of water leaving the site, and\n> > \n> > > (d) be undertaken only where an assessment, which may include the preparation of a geotechnical report, demonstrates that the soil characteristics and structural elements of the protected land are suitable for the proposed development, and\n> > \n> > > (e) be sited outside protected land unless no other practicable alternative is available.\n> \n> > (4) When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider—\n> > \n> > > (a) the design, type and site coverage of the proposed development, and\n> > \n> > > (b) the physical characteristics of the area on which the development is proposed to be carried out, and\n> > \n> > > (c) the suitability of the land for the proposed development.","sortOrder":62},{"sectionNumber":"46","sectionType":"section","heading":"Protected Area—Vegetation Constraint Area","content":"#### 46 Protected Area—Vegetation Constraint Area\n\n46 Protected Area—Vegetation Constraint Area\n\n> > (1) Consent shall not be granted to development on any land within a Protected Area—Vegetation Constraint Area (protected land) unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.\n> \n> > (2) The objectives for a Protected Area—Vegetation Constraint Area are—\n> > \n> > > (a) to identify and require assessment of vegetation that is likely to be a significant vegetation community, and\n> > \n> > > (b) to protect significant vegetation communities and vegetation that is faunal habitat or part of a wildlife corridor, and\n> > \n> > > (c) to ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community, and\n> > \n> > > (d) to encourage the restoration and maintenance of native vegetation, including vegetation that does not form part of a significant vegetation community.\n> \n> > (3) Development on any land within a Protected Area—Vegetation Constraint Area is to—\n> > \n> > > (a) incorporate effective measures to comply with clause 44 (Environmental impact) as it relates to the protection of a significant vegetation community, and\n> > \n> > > (b) provide an adequate ecological buffer to protect any significant vegetation community, and\n> > \n> > > (c) retain and maintain all existing native vegetation outside the area immediately required for the development, and\n> > \n> > > (d) incorporate measures to regenerate any disturbed native vegetation within the protected land, and\n> > \n> > > (e) in the case of protected land on which any significant vegetation community is located, be sited outside protected land unless no other practicable alternative is available.\n> \n> > (4) When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider—\n> > \n> > > (a) the design, type and site cover of the proposed development, and\n> > \n> > > (b) the physical characteristics of the land on which the development is proposed to be carried out, and\n> > \n> > > (c) the suitability of the land for the proposed development.","sortOrder":63},{"sectionNumber":"47","sectionType":"section","heading":"Protected Area—Ecological Buffer Area","content":"#### 47 Protected Area—Ecological Buffer Area\n\n47 Protected Area—Ecological Buffer Area\n\n> > (1) Consent shall not be granted to development on any land within a Protected Area—Ecological Buffer Area (protected land) unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.\n> \n> > (2) The objectives for a Protected Area—Ecological Buffer Area are—\n> > \n> > > (a) to protect water quality and aquatic ecosystems in the Blue Mountains, and\n> > \n> > > (b) to protect watercourse corridors and significant vegetation communities, and\n> > \n> > > (c) to restrict development so that it does not occur, as far as practicable, within ecological buffers to watercourse corridors or significant vegetation communities, and\n> > \n> > > (d) to ensure development is designed, sited and managed to minimise impact on the ecological and hydrological functions of the buffer, and\n> > \n> > > (e) to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to watercourse corridors or significant vegetation communities.\n> \n> > (3) Development on any land within a Protected Area—Ecological Buffer Area is to—\n> > \n> > > (a) incorporate effective measures to manage any riparian vegetation within a watercourse corridor and any significant vegetation community, and\n> > \n> > > (b) be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and\n> > \n> > > (c) retain and maintain all existing native vegetation outside the area immediately required for the development, and\n> > \n> > > (d) incorporate measures to regenerate native vegetation for all disturbed areas within the protected land, and\n> > \n> > > (e) incorporate appropriate stormwater and erosion control measures to protect the protected land from surface water run-off or other disturbance, and\n> > \n> > > (f) be sited outside protected land unless no other practicable alternative is available.\n> \n> > (4) When considering whether development could be sited outside protected land in accordance with subclause (3) (f), the consent authority shall consider—\n> > \n> > > (a) the design, type and site cover of the proposed development, and\n> > \n> > > (b) the physical characteristics of the land on which the development is proposed to be carried out, and\n> > \n> > > (c) the suitability of the land for the proposed development.","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":"Protected Area—Water Supply Catchment","content":"#### 48 Protected Area—Water Supply Catchment\n\n48 Protected Area—Water Supply Catchment\n\n> > (1) Consent shall not be granted to development which the Council has been required by an environmental planning instrument to refer to the Regulatory Authority (within the meaning of the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074)) on any land within a Protected Area—Water Supply Catchment (protected land) unless the consent authority is satisfied that the development complies with the objectives and other provisions within this clause.\n> \n> > (2) The objectives for a Protected Area—Water Supply Catchment are—\n> > \n> > > (a) to protect and, where possible, improve water quality within that part of the Blue Mountains and the Hawkesbury-Nepean River catchment that is within Sydney’s drinking water catchments, and\n> > \n> > > (b) to restrict development that will adversely impact on the natural systems that are essential for maintaining and improving water quality, and\n> > \n> > > (c) to restrict development in areas that cannot be connected to reticulated sewerage, and\n> > \n> > > (d) to ensure development is designed and sited to minimise the impact of vegetation clearing and soil disturbance, which could detrimentally alter the quality or quantity of the natural surface or sub-surface water movement, and\n> > \n> > > (e) to encourage the restoration and maintenance of areas of disturbed native vegetation.\n> \n> > (3) Development on any land within a Protected Area—Water Supply Catchment is to—\n> > \n> > > (a) have a neutral or beneficial effect on the water quality of rivers, streams and groundwater in the hydrological catchments, including during periods of wet weather, and\n> > \n> > > (b) incorporate water quality management practices that are sustainable over the long term.\n> \n> > (4) The consent authority shall not consent to any development on protected land that requires the disposal of wastewater unless—\n> > \n> > > (a) it is to be connected to a reticulated sewerage system, or\n> > \n> > > (b) where a reticulated sewerage system is not available, and in the case only of a dwelling house to be erected on a lot that existed on the appointed day, the dwelling house is to be served by a wastewater pump out system.\n> \n> **cl 48:** Am 2014 No 74, Sch 3.1 \\[1\\]; 2021 (716), Sch 1.4\\[1\\].","sortOrder":65},{"sectionNumber":"49","sectionType":"section","heading":"Protected Area—Escarpment Area","content":"#### 49 Protected Area—Escarpment Area\n\n49 Protected Area—Escarpment Area\n\n> > (1) Consent shall not be granted to development on any land within a Protected Area—Escarpment Area (protected land) that involves the clearing of native vegetation unless the consent authority is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the development complies with the objectives and other provisions within this clause.\n> \n> > (2) The objectives for a Protected Area—Escarpment Area are—\n> > \n> > > (a) to preserve and enhance the visual, cultural and ecological values of the escarpment systems within the City of Blue Mountains, and\n> > \n> > > (b) to restrict development, including buildings, alterations and vegetation clearing, so as to minimise adverse impact on the perception of escarpments as significant natural features, and\n> > \n> > > (c) to limit the proportion of hard surfaces in close proximity to escarpment systems, and\n> > \n> > > (d) to ensure that the design and siting of development minimises environmental impact, and\n> > \n> > > (e) to encourage the retention, restoration and maintenance of areas of disturbed native vegetation.\n> \n> > (3) Development, including the clearing of native vegetation, on any land within a Protected Area—Escarpment Area is to—\n> > \n> > > (a) not adversely impact on the ecological or scenic values of the escarpment system, and\n> > \n> > > (b) retain and maintain all existing native vegetation outside the area immediately required for the development, and\n> > \n> > > (c) incorporate measures to regenerate native vegetation within the escarpment system in those areas which are already cleared and do not form part of the site of any existing development or the proposed development, and\n> > \n> > > (d) be designed and sited to respond sympathetically to the landform in which it is proposed to be situated, and\n> > \n> > > (e) not protrude above the existing vegetation canopy of the immediate locality, and\n> > \n> > > (f) not protrude above the height of adjacent buildings, and\n> > \n> > > (g) not visually disrupt the skyline by protruding above the ridgeline within or behind the site or above adjacent buildings, and\n> > \n> > > (h) incorporate unobtrusive and non-reflective materials and exterior surfaces with colours that help blend structures into the natural environment, and\n> > \n> > > (i) incorporate measures to minimise reflection of sunlight from glazed surfaces.","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Protected Area—Riverine Scenic Quality Corridor","content":"#### 50 Protected Area—Riverine Scenic Quality Corridor\n\n50 Protected Area—Riverine Scenic Quality Corridor\n\n> > (1) Consent shall not be granted to development on any land within a Protected Area—Riverine Scenic Quality Corridor (protected land) that involves the clearing of native vegetation unless the consent authority is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the development complies with the objectives and other provisions within this clause.\n> \n> > (2) The objectives for a Protected Area—Riverine Scenic Quality Corridor are—\n> > \n> > > (a) to preserve and enhance the visual, cultural and ecological values of the protected land, and\n> > \n> > > (b) to restrict development, including buildings, alterations and vegetation clearing, so as to minimise the impact on the perception of the protected land as an area of scenic significance beyond the region or of regional riverine scenic significance, and\n> > \n> > > (c) to ensure that the design and siting of development is consistent with the landscape character as described in the Scenic Quality Study, and\n> > \n> > > (d) to encourage the restoration and maintenance of areas of disturbed native vegetation.\n> \n> > (3) Development, including the clearing of native vegetation, on any land within a Protected Area—Riverine Scenic Quality Corridor is to—\n> > \n> > > (a) retain and maintain all existing native vegetation outside the area immediately required for the development, and\n> > \n> > > (b) incorporate measures to regenerate native vegetation within those areas which are already cleared and do not form part of the site of any existing development or the proposed development, and\n> > \n> > > (c) have appropriate siting, building form, orientation and scale that does not compromise the visual integrity of the escarpment to the west of the Nepean River, in terms of its regional prominence and the undisturbed nature of its appearance by—\n> > > \n> > > > (i) protruding above the existing vegetation canopy of the immediate locality or the height of adjacent buildings, or\n> > > \n> > > > (ii) visually disrupting the skyline by protruding above the ridgeline within or behind the site or above adjacent buildings, and\n> > \n> > > (d) incorporate unobtrusive and non-reflective materials and exterior surfaces with colours that help blend structures into the natural environment, and\n> > \n> > > (e) incorporate measures to minimise reflection of sunlight from glazed surfaces.\n> \n> > (4) Development within a Protected Area—Riverine Scenic Quality Corridor which is shown on Map Panel B as having “Significance Beyond the Region” is to ensure that the landscape character of the development is consistent with “Landscape Unit No 2.1.2 Fairlight Gorge-Norton’s Basin to Mt Portal” of the Scenic Quality Study.\n> \n> > (5) Development within a Protected Area—Riverine Scenic Quality Corridor which is shown on Map Panel B as having “Regional Significance” is to ensure that the landscape character of the development is consistent with “Landscape Unit No 3.2.3 Penrith Weir to Yarramundi Weir” of the Scenic Quality Study.","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Watercourses","content":"#### 51 Watercourses\n\n51 Watercourses\n\n> > (1) Land that is within a watercourse corridor, as defined by this plan, is taken to be within a Protected Area—Ecological Buffer Area.\n> \n> > (2) Consent shall not be granted to development of land that is within a watercourse corridor unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the Protected Area—Ecological Buffer Area objectives and the other provisions within clause 47.\n> \n> > (3) Where land is within a watercourse corridor and is not shown as within a Protected Area—Ecological Buffer Area on Map Panel B, a detailed environmental assessment prepared in accordance with subclause (2) is to recommend a buffer width, including details of—\n> > \n> > > (a) the basis for the buffer width and the influence of the slope of land on the width of the buffer, and\n> > \n> > > (b) the ability of the buffer to adequately protect the watercourse, and\n> > \n> > > (c) the qualifications and experience of the person who recommended the buffer width.","sortOrder":68},{"sectionNumber":"52","sectionType":"section","heading":"Significant vegetation communities and rare species of flora","content":"#### 52 Significant vegetation communities and rare species of flora\n\n52 Significant vegetation communities and rare species of flora\n\n> > (1) Where development may have an impact on a significant vegetation community or rare species of flora, either by the alteration of growth conditions or removal of that vegetation, consent shall not be granted to the development unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with relevant requirements of clause 44 (Environmental impact).\n> \n> > (2) The detailed environmental assessment shall include a full description of the proposed development, including the nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the following information—\n> > \n> > > (a) a full assessment of the likely effect of the development on the condition, extent and long term viability of the significant vegetation community or rare species of flora, and\n> > \n> > > (b) an assessment showing the impact of the development on any habitat or wildlife corridor, and\n> > \n> > > (c) a description of the way the development will respond to the significant vegetation community or rare species of flora, and\n> > \n> > > (d) a description of any feasible alternatives to the development that are likely to be of lesser effect and the reasons justifying the carrying out of the development in the manner proposed, having regard to biophysical, economic and social considerations and the principles of ecologically sustainable development, and\n> > \n> > > (e) a full description and justification of the measures proposed to mitigate any adverse effect of the development on the species and populations or ecological communities, including a compilation (in a single section of the statement) of those measures.","sortOrder":69},{"sectionNumber":"53","sectionType":"section","heading":"Retention and management of vegetation","content":"#### 53 Retention and management of vegetation\n\n53 Retention and management of vegetation\n\n> > (1) Before granting consent to development that would involve the removal of vegetation, the consent authority must have regard to the following priorities—\n> > \n> > > (a) retaining vegetation, in relation to location, species type or physical characteristics, that does not pose a threat to life or property in the event of bush fire,\n> > \n> > > (b) limiting impacts on threatened, endangered, vulnerable or a locally significant plant species,\n> > \n> > > (c) retaining vegetation within watercourses,\n> > \n> > > (d) retaining vegetation that stabilises soils or that absorbs run-off from accumulation points on site,\n> > \n> > > (e) retaining vegetation that contributes to wildlife corridors or is habitat for native fauna,\n> > \n> > > (f) retaining vegetation that contributes to the streetscape character of the locality.\n> \n> > (2) Consent shall not be granted to development of any land unless the consent authority has considered the need to re-vegetate disturbed areas on the land.\n> \n> > (3) Before granting consent to development, the consent authority must take into account that vegetation retained on the site of development is to be protected from activities that may reduce the safe useful life expectancy (SULE) of that vegetation, including—\n> > \n> > > (a) severing of the critical root zone or the woody/structural root system, as may be caused by construction of a retaining wall, laying of foundations or similar, and\n> > \n> > > (b) provision of hard or impervious surfaces, including driveways, that limit areas of infiltration, and\n> > \n> > > (c) compaction of soil over critical root zones by construction or use of heavy machinery, and\n> > \n> > > (d) an increase in water logging arising from stormwater management or other alteration to the existing drainage regime, and\n> > \n> > > (e) nutrient overloading arising from disturbance to the drainage regime, and\n> > \n> > > (f) changes to the natural soil level.\n> \n> > (4) When granting consent to development, the consent authority is to ensure that all vegetation to be retained on the site will be protected during the construction process by provision of temporary fencing or other barriers that are located to prevent direct or indirect damage to the vegetation including—\n> > \n> > > (a) damage to the tree trunks, or\n> > \n> > > (b) destruction of understorey vegetation by machinery, or\n> > \n> > > (c) compaction of soil over critical root zones for vegetation, or\n> > \n> > > (d) alterations to the amount or quality of water directed onto the vegetation, or\n> > \n> > > (e) stockpiling of materials over critical root zones.","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Preservation of trees","content":"#### 54 Preservation of trees\n\n54 Preservation of trees\n\n> > (1) Notwithstanding clause 32 (Land use matrix), development consent is not required if a person cuts down, tops, lops, prunes, removes, injures or wilfully destroys any tree in accordance with—\n> > \n> > > (a) a written permission (permit) granted by Council, which may be given subject to such conditions as the Council considers necessary, or\n> > \n> > > (b) an exception specified in subclause (2), or\n> > \n> > > (c) the requirements for pruning in subclauses (4) and (5), or\n> > \n> > > (d) the requirements for transplanting in subclause (6).\n> \n> > (2) Exceptions Subject to subclause (3), development consent or a permit referred to in subclause (1) (a) is not required in relation to—\n> > \n> > > (a) any tree, if documented evidence can be produced that is satisfactory to the Council to prove that—\n> > > \n> > > > (i) the tree was dead and was not a likely habitat tree specified in an order made under subclause (7), or\n> > > \n> > > > (ii) the tree posed an imminent danger to property or life, or\n> > > \n> > > > (iii) taking the action concerned with respect to the tree 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, or\n> > \n> > > (b) the removal of a tree where that removal is essential for emergency access or emergency works authorised by the Council, the State Emergency Service or any public authority, or\n> > \n> > > (c) the removal of trees in association with the construction or use of a building or work for which development consent has been granted, including the ongoing maintenance of fuel load limits within identified and approved asset protection zones, but only in accordance with the terms and conditions of that consent, or\n> > \n> > > (d) any tree with a height less than 4 metres and with a foliage crown spread of less than 4 metres, but only if the tree is not native vegetation within bushland, or\n> > \n> > > (e) trees of any of the following species, but only if documented evidence can be produced that is satisfactory to the Council to prove that the individual specimens concerned are less than 10.0 metres in height—\n> > > \n> > > > (i) *Salix spp.* (all Willow species), or\n> > > \n> > > > (ii) *Populus spp.* (all Poplar species), or\n> > \n> > > (f) a *Pinus Radiata*, but only if the tree is less than 10.0 metres in height and is not located on land—\n> > > \n> > > > (i) within the Living—Conservation zone, or\n> > > \n> > > > (ii) to which Part 1 (Mount Victoria), Part 6 (Wentworth Falls), Part 7 (Lawson), Part 8 (Hazelbrook) or Part 9 (Springwood) of Schedule 1 (Locality management within the Villages) applies, or\n> > \n> > > (g) a plant referred to in clause 55 (Weed management), except for a plant that is a known sterile cultivated variety of these plants or a plant referred to in paragraph (e) or (f), or\n> > \n> > > (h) the removal or trimming of any trees in accordance with Part 2 of the [Electricity Supply (General) Regulation 2001](/view/html/repealed/current/sl-2001-0468), or\n> > \n> > > (i) the removal or trimming of any trees in accordance with sections 88, 107, 138 and 139 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), or\n> > \n> > > (j) the removal or clearing of any trees in conjunction with works approved under Part 5 of the Act, or\n> > \n> > > (k) the removal of trees in accordance with an order issued by the Council under the provisions of the Act or the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (3) Heritage items, heritage conservation areas, significant trees and approved landscaping Nothing in subclause (2) (d)–(k) removes the requirement for development consent or written permission to cut down, top, lop, prune, remove, injure or wilfully destroy any tree that is—\n> > \n> > > (a) a heritage item or part of a heritage item, or\n> > \n> > > (b) within a heritage conservation area, or\n> > \n> > > (c) listed on Council’s Significant Tree Register (which is available for inspection at the office of the Council), or\n> > \n> > > (d) part of landscape planting required by a development consent.\n> \n> > (4) Pruning Nothing in this clause requires development consent or permission of the Council for the following—\n> > \n> > > (a) pruning of a hedge by no more than 20 per cent of its height or width in any one year, so that the overall height is not reduced below 1.5 metres,\n> > \n> > > (b) the seasonal pruning of fruit trees for the purpose of maintaining fruit production, but this exemption does not apply to *Acmena spp*. or *Syzygium spp*. (Lilly pilly), *Elaeocarpus spp*. (Blueberry Ash), *Ficus coronata* (Sandpaper Fig) or *F. rubiginosa* (Rusty or Port Jackson Fig),\n> > \n> > > (c) “deadwooding”, being the removal of dead wood from a tree, if the branches removed are not branches with hollows on a likely habitat tree specified in an order made under subclause (7),\n> > \n> > > (d) selective pruning, being only pruning to remove branches back to the nearest branch collar or junction to clear a roof, where trees directly overhang the roof of a dwelling, garage or commercial building, and only if the owner of the land where the centre of the tree originated or where the majority of the trunk of the tree is growing, is in agreement,\n> > \n> > > (e) to remove any species of parasitic mistletoe or parasitic plant from any part of a tree to ameliorate the effects on the tree from such a parasite.\n> \n> > (5) This clause does not allow pruning of a tree unless it is carried out in accordance with Australian Standard AS 4373—1996, Pruning of amenity trees.\n> \n> > (6) Transplanting The following may be transplanted without development consent or the permission of the Council—\n> > \n> > > (a) specimens that have originated in and have grown continuously in a container which is not permanently fixed to a structure,\n> > \n> > > (b) a tree that has remained continuously confined within a container, but not a tree in a planter box where the box is part of a building,\n> > \n> > > (c) a field-grown tree propagated as part of a commercial horticultural or agricultural enterprise for the purposes of harvesting and selling it as an advanced specimen for relocation and re-establishment.\n> \n> > (7) The Council may, by its order, specify particular trees, or trees of a species or other class, to be likely habitat trees for the purposes of this clause.","sortOrder":71},{"sectionNumber":"54A","sectionType":"section","heading":"Bushland protection","content":"#### 54A Bushland protection\n\n54A Bushland protection\n\n> > (1) Notwithstanding clause 32 (Land use matrix), development consent is not required for vegetation clearing if a person clears, cuts down, tops, lops, prunes, removes, injures or wilfully destroys any vegetation (not trees) in accordance with—\n> > \n> > > (a) a written permit issued by the Council, which may be given subject to such conditions as the Council considers necessary, or\n> > \n> > > (b) an exception specified in subclause (4).\n> \n> > (2) Application for permits An application for a permit referred to in subclause (1) (a) shall be accompanied by—\n> > \n> > > (a) the written consent of the owner of the land, and\n> > \n> > > (b) the information specified in clause 43 (Contents of site analysis plan) or elsewhere in this Part that is relevant, in the opinion of Council, to consider the environmental impact of the proposed vegetation clearing, and\n> > \n> > > (c) a method statement detailing the intended approach to undertaking the proposed clearing work, and\n> > \n> > > (d) details of any proposed new plantings (species, mature heights and spread), together with establishment and maintenance details of those new plantings, with the level of detail being sufficient to allow the Council to assess the adequacy of vegetation retention and future landscape proposals.\n> \n> > (3) Considerations before issuing a permit Before issuing a permit referred to in subclause (1) (a), the Council shall consider the following matters—\n> > \n> > > (a) the zone objectives within Part 2, Division 2 (Zone objectives) that apply to the land,\n> > \n> > > (b) the assessment requirements and provisions within this Part that are relevant to the proposed vegetation clearing, including the need to control runoff and erosion during and after clearing,\n> > \n> > > (c) whether a vegetation management plan, prepared by a suitably qualified person and detailing procedures and specifications necessary to address any issues of concern, should be submitted for approval prior to commencement of clearing work,\n> > \n> > > (d) the effect of any vegetation clearing on the viability and quality of the bushland and, in particular, the likelihood of the spread of weeds or of undesirable and exotic species in the bushland.\n> \n> > (4) Exceptions Development consent or a written permission is not required in relation to—\n> > \n> > > (a) the removal or clearing of any vegetation where that removal or clearing is essential for emergency access or emergency works authorised by the Council, the State Emergency Service or any public authority (but only where the amount of vegetation removed is minimised as far as is practicable), or\n> > \n> > > (b) the removal or clearing of vegetation in association with the construction or use of a building or work for which development consent has been granted, including the removal of vegetation and ongoing maintenance of fuel load limits within identified and approved asset protection zones, but only in accordance with the terms and conditions of that consent, or\n> > \n> > > (c) a plant referred to in clause 55 (Weed management), except for a plant that is a known sterile cultivated variety of these plants or a plant referred to in clause 54 (2) (e) or (f), or\n> > \n> > > (d) the removal or trimming of any vegetation in accordance with Part 2 of the [Electricity Supply (General) Regulation 2001](/view/html/repealed/current/sl-2001-0468), or\n> > \n> > > (e) the removal or trimming of any vegetation in accordance with sections 88, 107, 138 and 139 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), or\n> > \n> > > (f) the removal or clearing of any vegetation in conjunction with works approved under Part 5 of the Act, or\n> > \n> > > (g) the removal or clearing of any vegetation, but not trees, in any zone to which clause 14 (Locality management within the villages) applies or within the Living—General zone or Living Conservation zone, or\n> > \n> > > (h) the removal or clearing of any vegetation, but not trees, for maintenance of a garden, within its existing boundaries, or\n> > \n> > > (i) the removal or clearing of any vegetation, but not trees, for maintenance of existing cleared areas or areas for which consent or a permit has been granted authorising clearing, or\n> > \n> > > (j) the removal or clearing of native vegetation in bushland for the purposes of creating gardens where—\n> > > \n> > > > (i) the work does not involve the removal, injury or destruction of trees, and\n> > > \n> > > > (ii) the area to be cleared is within 35 metres of a dwelling for which consent or a building approval has been granted on the same allotment as the proposed clearing, and\n> > > \n> > > > (iii) the area to be cleared is not greater than 500m2, and\n> > > \n> > > > (iv) the area to be cleared is not development excluded land, and\n> > > \n> > > > (v) the area to be cleared is not within the Protected Area—Escarpment Area or Protected Area—Riverine Scenic Quality Corridor, and\n> > > \n> > > > (vi) the removal of native vegetation is not contrary to any condition of any consent or any plan approved by the Council, or\n> > \n> > > (k) the removal or clearing of vegetation in accordance with an order issued by the Council under the provisions of the Act or the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), or\n> > \n> > > (l) the removal or clearing of any vegetation, in accordance with the [Surveying Act 2002](/view/html/inforce/current/act-2002-083) or any regulation made under that Act, between properties for the purpose of enabling a survey to be carried out along that boundary by a registered surveyor where no alternative survey method is feasible, or\n> > \n> > > (m) the removal or clearing of vegetation where that removal is consistent with a management plan approved by the Council for landscaping or gardening works.\n> \n> **cl 54A:** Am 2005 No 98, Sch 2.5.","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Weed management","content":"#### 55 Weed management\n\n55 Weed management\n\n> > (1) Where a plant that is declared under the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011) to be a noxious weed for the City is identified on a proposed development site, when granting consent for development of the site, the consent authority may require—\n> > \n> > > (a) the removal of the noxious weed present in a manner satisfactory to the consent authority, or\n> > \n> > > (b) management of the weed in accordance with a weed management plan, that includes measures satisfactory to the consent authority to control the noxious weeds within the boundaries of that site as prescribed by the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011).\n> \n> > (2) The consent authority may decline to grant consent to development that proposes the use for landscape works in the Living—Bushland Conservation zone of any species included in the schedule entitled “Weeds of the Blue Mountains” within the Better Living DCP.\n> \n> > (3) Consent shall not be granted to development that proposes the use for landscape works undertaken by or on behalf of the Council of any species included in the schedule entitled “Weeds of the Blue Mountains” within the Better Living DCP.\n> \n> > (4) Should any noxious or environmental weeds listed in the schedule entitled “Weeds of the Blue Mountains” within the Better Living DCP be located in an asset protection zone that the consent authority requires to be established, these weeds shall be removed and disposed of so as to ensure that regeneration of such weeds does not occur.\n> \n> > (5) Consent shall not be granted to development that proposes the use of any noxious weeds, as prescribed by the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011).","sortOrder":73},{"sectionNumber":"56","sectionType":"section","heading":"Site disturbance and erosion control","content":"#### 56 Site disturbance and erosion control\n\n56 Site disturbance and erosion control\n\n> > (1) Consent shall not be granted to development unless the consent authority is satisfied that the development is designed and sited to—\n> > \n> > > (a) reflect the capability of the site, taking into consideration the natural characteristics of the land, and\n> > \n> > > (b) minimise the extent and time of site disturbance, and\n> > \n> > > (c) prevent sediment, building materials, waste or other pollutants from leaving the site and entering adjoining land, street gutters, drains or watercourses.\n> \n> > (2) As far as is practicable and in response to site characteristics, the consent authority is to ensure that new development is to be located in areas which have been previously cleared.\n> \n> > (3) Consent shall not be granted to development, excluding—\n> > \n> > > (a) minor additions, and\n> > \n> > > (b) development that disturbs less than 50 square metres of the site,\n> > \n> > unless the consent authority is satisfied that the development will be carried out in accordance with an erosion and sediment control plan.\n> \n> > (4) An erosion and sediment control plan prepared to comply with subclause (3) shall provide details of how the development addresses all aspects of site disturbance, erosion and sediment control and site rehabilitation, including—\n> > \n> > > (a) the location and extent of all existing and proposed areas where the natural ground cover is or will be disturbed, and\n> > \n> > > (b) the location of natural areas requiring specific planning or management responses, including watercourses, seasonally wet areas, areas prone to ponding or waterlogging and unstable slopes, and\n> > \n> > > (c) the nature and extent of all earthworks, including the location, extent and depth of any proposed cut or fill, and\n> > \n> > > (d) the location of all potential sources of sediment on the site, including (where known) any stock piles of soil or building materials or waste, and\n> > \n> > > (e) the location and nature of any proposed stormwater or erosion and sediment control measures, and\n> > \n> > > (f) site rehabilitation proposals, including final contours.\n> \n> > (5) Where, in the opinion of the consent authority, the nature, scale or location of proposed development warrants a greater level of detail to facilitate the full consideration of the proposed development, an erosion and sediment control plan shall include, in addition to the matters referred to in subclause (4)—\n> > \n> > > (a) a maintenance strategy for erosion and sedimentation control works including the nomination of responsibility for the follow-up maintenance required on any permanent measures, and\n> > \n> > > (b) a chart outlining the construction sequence over the duration of the works including measures for erosion and sediment control and their maintenance, and\n> > \n> > > (c) a description of the effect of any permanent site controls on the sub-catchments or catchments.\n> \n> > (6) Where development proposes to incorporate temporary stormwater and sediment control basins to manage stormwater run-off, the consent authority shall require that the design and management of the basins—\n> > \n> > > (a) minimise the potential for establishment of native fauna populations in the basin, and\n> > \n> > > (b) have no significant impact on a watercourse or vegetation community, and\n> > \n> > > (c) either—\n> > > \n> > > > (i) include procedures to investigate the existence of native fauna within the basin and to relocate native fauna to a suitable habitat prior to removal or drainage of the basin, or\n> > > \n> > > > (ii) incorporate the basin as a permanent feature of the completed development where fauna are unable to be relocated.","sortOrder":74},{"sectionNumber":"57","sectionType":"section","heading":"Stormwater management","content":"#### 57 Stormwater management\n\n57 Stormwater management\n\n> > (1) Consent shall not be granted to development that will alter the flow of surface or ground water, unless the consent authority is satisfied that the development incorporates effective measures to manage stormwater run-off for the life of the development and to ensure—\n> > \n> > > (a) surface water run-off will be diverted away from all disturbed areas on the site, and\n> > \n> > > (b) the quality of surface or ground-water leaving the site will not be reduced in the short or long term, and\n> > \n> > > (c) the development will minimise or eliminate point source and diffuse source pollution by the use of best management practices, and\n> > \n> > > (d) the development will not adversely alter the quantity and flow characteristics of stormwater leaving the site, and\n> > \n> > > (e) the development is designed and sited to minimise stormwater run-off from impervious surfaces leaving the site, and\n> > \n> > > (f) the development optimises on-site retention and re-use of stormwater run-off, through measures such as dual plumbing and infiltration devices.\n> \n> > (2) Consent shall not be granted to development (excluding minor additions) in the Living—Bushland Conservation zone or a Protected Area—Water Supply Catchment that increases the existing area of impervious or hard surfaces by more than 100 square metres or where the total area of impervious or hard surfaces of existing and proposed development exceeds 300 square metres unless the consent authority is satisfied that the development incorporates—\n> > \n> > > (a) effective measures for on-site retention of water with a collection capacity of not less than 4,000 litres per 100 square metres of hard or impervious surface (including paving) and for the re-use of water drained from those surfaces, or\n> > \n> > > (b) other measures for the retention of stormwater run-off and its appropriate re-use that have been designed by a suitably qualified person.\n> \n> > (3) Consent shall not be granted for development—\n> > \n> > > (a) involving the construction of three or more dwellings on any allotment, or\n> > \n> > > (b) for commercial or industrial purposes, with potential for discharge of pollutants such as fuels, heavy metals, oils, solvents and the like, or\n> > \n> > > (c) on an allotment having impervious surfaces in excess of 40 per cent of the allotment area,\n> > \n> > unless the consent authority is satisfied that the development will be carried out in accordance with a stormwater management plan which identifies the measures that are to be incorporated to mitigate impacts of stormwater run-off, to maximise the use of water permeable surfaces and to promote infiltration of water on-site.\n> \n> > (4) The stormwater management plan is to maximise the use of water permeable surfaces on the site and be designed to promote infiltration of run-off water on-site.","sortOrder":75},{"sectionNumber":"58","sectionType":"section","heading":"Modification of land form","content":"#### 58 Modification of land form\n\n58 Modification of land form\n\n> > (1) Development is to minimise “cut” and “fill” as far as practicable and is to contain “cut” and “fill” within the development footprint where conditions allow.\n> \n> > (2) Consent shall not be granted to development in the Living—Bushland Conservation zone—\n> > \n> > > (a) that requires the alteration of the natural ground level by greater than 1 metre cut or 1 metre depth of fill, except where wholly contained within or retained by the walls of a building, or\n> > \n> > > (b) where the natural ground level of the area of proposed development has contiguous areas of slope greater than 10 per cent, that uses slab on ground, other than site responsive split-level slab, construction methods.","sortOrder":76},{"sectionNumber":"59","sectionType":"section","heading":"Bush rock removal","content":"#### 59 Bush rock removal\n\n59 Bush rock removal\n\n> > (1) Consent shall not be granted to development requiring the removal of bush rock unless the consent authority is satisfied that—\n> > \n> > > (a) the removal of bush rock is a necessary part of carrying out the development on a site, and\n> > \n> > > (b) there is no viable option available, after consideration of the suitability and type of proposed development and the physical characteristics of the site and adjoining land, to retain the bush rock on the site.\n> \n> > (2) When considering the retention of bush rock on a site, the consent authority shall consider the priority for retention to be as follows—\n> > \n> > > (a) bush rock that is known or likely to be habitat for any species, population or ecological community listed under the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101),\n> > \n> > > (b) bush rock that is within a wildlife corridor or is habitat for any native fauna,\n> > \n> > > (c) bush rock salvaged from excavation works carried out as part of a development for which consent has been granted for landscape works,\n> > \n> > > (d) bush rock that will contribute to the streetscape character of the locality.","sortOrder":77},{"sectionNumber":"60","sectionType":"section","heading":"Consideration of character and landscape","content":"#### 60 Consideration of character and landscape\n\n60 Consideration of character and landscape\n\n> > (1) Consent shall not be granted to development involving a building unless the consent authority has considered the extent to which the development is consistent with, or enhances, the established character and streetscape of the surrounding area with regard to—\n> > \n> > > (a) the scale and massing of any proposed building, and\n> > \n> > > (b) the use of building materials, including colours and finishes, and\n> > \n> > > (c) the building form, including roof pitch and proportions of windows, and\n> > \n> > > (d) the location of buildings on an allotment and the relationship of the building to the public street.\n> \n> > (2) For the purpose of providing for an open streetscape appearance for residential development, the following restrictions on solid fences and walls apply—\n> > \n> > > (a) a fence or wall located along any street frontage of a lot and any part of a side fence or wall that is located within the front building setback shall not exceed a height of 1 metre, except where a higher fence or wall is required, in the opinion of the consent authority—\n> > > \n> > > > (i) as a noise attenuation measure and other measures are not available, or\n> > > \n> > > > (ii) along one street frontage, in the case only of a lot with a frontage to more than one street, to adequately screen private open space,\n> > \n> > > (b) noise attenuation fences or walls are to be designed to minimise any adverse impact on the character and streetscape of the surrounding area as viewed from a road or the Regional Transport Corridor.\n> \n> > (3) Consent shall not be granted to development for the purpose of accessible housing, a boarding house, a dual occupancy, multi-dwelling housing or tourist accommodation unless the development is designed to—\n> > \n> > > (a) minimise the visible bulk of any development and to integrate the development with the existing character of the street, and\n> > \n> > > (b) incorporate measures to minimise any potential impacts on the amenity of adjoining residents, and\n> > \n> > > (c) ensure that the building form and design are articulated and varied, to provide a fine-grained residential built form and an individual dwelling identity and street address, and\n> > \n> > > (d) provide active street frontages and direct views from living areas, where possible, to the public street, and\n> > \n> > > (e) promote a landscape setting for residential development by establishing vegetation as an integral part of the development, and\n> > \n> > > (f) encourage pedestrian and vehicular permeability and, where possible, to provide for linkages with the existing street systems, and\n> > \n> > > (g) develop new streets and access lanes to reflect the local street layout of the surrounding area, if applicable (eg grid street layout).\n> \n> > (4) Consent shall not be granted to development within view of a public place, including a road, railway, or open space, unless the consent authority has considered the probable aesthetic appearance of the proposed development or use of the proposed development when viewed from that public place.","sortOrder":79},{"sectionNumber":"61","sectionType":"section","heading":"Protected Area—Period Housing Area","content":"#### 61 Protected Area—Period Housing Area\n\n61 Protected Area—Period Housing Area\n\n> > (1) Consent shall not be granted for development within a Protected Area—Period Housing Area unless the consent authority is satisfied, by means of a detailed assessment of character, that the development complies with the Protected Area objectives within this clause.\n> \n> > (2) Where Division 4 of Part 3 (Heritage conservation) applies to the land, the provisions of that Division prevail over the provisions of this Division to the extent of any inconsistency.\n> \n> > (3) The Protected Area objectives for a Protected Area—Period Housing Area are—\n> > \n> > > (a) to retain and enhance the traditional streetscape and character of older residential areas incorporating Victorian, Edwardian, Federation, Inter-War or Art Deco building styles that are an important contributor to the town character of the Blue Mountains, and\n> > \n> > > (b) to preserve housing stock that pre-dates 1946 from demolition where these buildings are an important contributor to the traditional streetscape character, and\n> > \n> > > (c) to ensure that new development complements the traditional streetscape character of the surrounding Period Housing Area and, in particular—\n> > > \n> > > > (i) building appearance and the use of materials and colours shall incorporate common architectural elements of a building style in the surrounding Period Housing Area, and\n> > > \n> > > > (ii) building scale is to be consistent with the predominant scale of buildings in the surrounding Period Housing Area in regard to height and massing of buildings, and\n> > > \n> > > > (iii) location of a building on the allotment and the relationship of a building to the public street shall complement the traditional building pattern in the Period Housing Area, and\n> > > \n> > > > (iv) roof form and pitch shall reflect housing styles that pre-date 1946 in the surrounding Period Housing Area and contribute to the overall retention of the traditional streetscape, and\n> > > \n> > > > (v) front fencing is to be comparable in construction, height and materials to existing fencing in the Period Housing Area or styles of fencing from the relevant architectural period, and\n> > \n> > > (d) to ensure that the impacts of development on the character of the surrounding area, as determined by a detailed assessment, is a primary consideration.","sortOrder":80},{"sectionNumber":"62","sectionType":"section","heading":"Character assessment for the Period Housing Area","content":"#### 62 Character assessment for the Period Housing Area\n\n62 Character assessment for the Period Housing Area\n\n> Before granting consent for development within a Protected Area—Period Housing Area, the consent authority shall consider a detailed assessment of character complying with clause 61 (Protected Area—Period Housing Area), which includes the following information as part of the site analysis plan and supporting information—\n> \n> > (a) a photo assessment (or illustrations, models or the like) of any existing buildings, natural features and vegetation on the site,\n> \n> > (b) a photo assessment (or illustrations, models or the like) of the context of the site, including buildings and vegetation on adjoining and adjacent sites that contribute to the character of the locality,\n> \n> > (c) an explanation of how the proposed development is consistent with and enhances the established character of the surrounding residential area in regard to—\n> > \n> > > (i) scale and massing of proposed buildings, and\n> > \n> > > (ii) external finishes of proposed buildings, and\n> > \n> > > (iii) landscaping and retention of vegetation, and\n> > \n> > > (iv) building form, including roof pitch and size and location of windows, and\n> > \n> > > (v) location of any buildings on the subject and adjoining allotments.","sortOrder":81},{"sectionNumber":"63","sectionType":"section","heading":"Demolition control within the Period Housing Area","content":"#### 63 Demolition control within the Period Housing Area\n\n63 Demolition control within the Period Housing Area\n\n> > (1) The consent authority shall not consent to demolition of a building within a Protected Area—Period Housing Area unless it is satisfied that—\n> > \n> > > (a) the building is not representative of the traditional older building fabric of the area generally, where the building appears to have been built post 1946, or\n> > \n> > > (b) the demolition is of part of an existing building and the substantive appearance of the existing building, when viewed from a public street, will be retained, or\n> > \n> > > (c) documentary evidence demonstrates that the existing building, or the part of the building proposed for demolition, is structurally unsound and not economically repairable, or\n> > \n> > > (d) the building is minor or ancillary to the main building on the site (for example, because it is a carport or garden shed) and its demolition will not adversely affect the character of the main building or its setting when viewed from a public street.\n> \n> > (2) For the purpose of determining whether a building is not economically repairable, the consent authority must consider documentary evidence prepared by a suitably qualified person, demonstrating that the cost of repair would exceed the value of the repaired building.","sortOrder":82},{"sectionNumber":"64","sectionType":"section","heading":"Control of infill development within the Period Housing Area","content":"#### 64 Control of infill development within the Period Housing Area\n\n64 Control of infill development within the Period Housing Area\n\n> > (1) The consent authority shall not consent to development, including the erection of a building or major alterations or additions to a building, in a Protected Area—Period Housing Area, unless—\n> > \n> > > (a) any existing building representative of the traditional older building fabric of the Period Housing Area, located on the land to be developed, is retained as the most prominent structure on the land when the land is viewed from the street, and\n> > \n> > > (b) the existing traditional streetscape is substantially retained or enhanced.\n> \n> > (2) New buildings or alterations to an existing building that affect the appearance of the building when viewed from a public street in a Protected Area—Period Housing Area shall incorporate the following, where applicable—\n> > \n> > > (a) the front wall of any building is to be aligned parallel to the front boundary of the allotment and the location of front doors and entry areas is to address the public street. Where existing facades on adjoining buildings create a relatively continuous line this pattern should be repeated,\n> > \n> > > (b) architectural elements such as roof gables and pitch, bay windows, verandah roof form and verandah posts/railings, eaves and gutters are to be consistent with a traditional architectural style represented in the surrounding Protected Area—Period Housing Area,\n> > \n> > > (c) building materials are to reflect the traditional building materials used in the surrounding Protected Area—Period Housing Area or are to be materials with a similar appearance to traditional building materials. This may involve the use of a single building material (such as weatherboard) or a combination of two building materials (such as stucco and brick) where these are predominantly used in the surrounding area,\n> > \n> > > (d) major extensions to existing older buildings that are visually prominent from a public street shall use building design elements complementary to the main building,\n> > \n> > > (e) designs for new buildings shall reflect elements from a single traditional architectural period,\n> > \n> > > (f) colour schemes of surrounding traditional housing with the same architectural style as the development and which is located within the Protected Area—Period Housing Area should be identified as part of an application and are to form the basis of the colour scheme used for the proposed development. In general, walls and roofs should be richer shades of muted colours. Corner sites may utilise stronger colours to reinforce prominent landmark buildings,\n> > \n> > > (g) garages and carports are to be located, where possible, behind the rear building line and if located along the street frontage are to be a minor visual element. The design of garages and carports should repeat the themes (ie roof pitch, form) and materials from the main building on the site,\n> > \n> > > (h) materials for roofs are to be either corrugated iron (or material of similar appearance) or may be roofing tiles where these are consistent with the roofing materials predominantly used in the surrounding Protected Area—Period Housing Area.","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Landscaping for residential development","content":"#### 65 Landscaping for residential development\n\n65 Landscaping for residential development\n\n> > (1) Consent shall not be granted for residential development unless the consent authority has considered a concept landscape plan that demonstrates to the satisfaction of the consent authority that—\n> > \n> > > (a) the design of buildings complements the physical characteristics of the site and minimises the removal of mature vegetation and site disturbance, and\n> > \n> > > (b) the location of buildings maximises the retention of mature vegetation and maintains significant mature landscape features that contribute to the streetscape, and\n> > \n> > > (c) mature vegetation that shall be removed for the proposed development will be replaced with appropriate vegetation to provide screening from adjoining buildings and to maintain the contribution to the streetscape of the vegetation on the site, and\n> > \n> > > (d) the development incorporates proposed planting that, upon maturity, will provide screening of the development from public streets and adjoining dwellings, and\n> > \n> > > (e) the scale and massing of buildings ensure that built forms are secondary to the landscape setting in residential areas where these settings are the dominant character element in the surrounding area.\n> \n> > (2) A concept landscape plan prepared to comply with subclause (1) shall include the following information—\n> > \n> > > (a) the location and extent of existing vegetation to be retained including trees, hedges, large shrubs, shrub beds and any areas of natural vegetation,\n> > \n> > > (b) an indicative planting plan showing the location and size of each tree and large shrub to be planted and the areas to be planted with low shrubs and ground covers,\n> > \n> > > (c) the proposed extent and type (native or exotic) of planting that is to be provided to replace any vegetation that is proposed to be removed.","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Detailed landscape plan for certain residential development","content":"#### 66 Detailed landscape plan for certain residential development\n\n66 Detailed landscape plan for certain residential development\n\n> > (1) Consent shall not be granted for development for the purpose of accessible housing, a boarding house, a dual occupancy, multi-dwelling housing or tourist accommodation unless the consent authority has considered a detailed landscape plan.\n> \n> > (2) A detailed landscape plan prepared to comply with subclause (1) shall include on that plan at least the following information—\n> > \n> > > (a) the location, size and species of existing vegetation to be affected by the development, including trees, hedges, large shrubs, shrub beds and any areas of natural vegetation,\n> > \n> > > (b) replacement planting for any vegetation which is proposed to be removed,\n> > \n> > > (c) a planting plan showing the location and size within 10 years of each tree and large shrub,\n> > \n> > > (d) a table indicating common name, botanic name, ultimate height and width and planting size (pot size and height) of each tree and large shrub proposed if relying on planting of trees or large shrubs for privacy,\n> > \n> > > (e) a planting plan showing the location and indicative planting for mid-low shrubs and ground covers.\n> \n> > (3) A detailed landscape plan prepared to comply with subclause (1) shall demonstrate to the satisfaction of the consent authority that the development incorporates planting that will promote a garden setting and enhance the streetscape of the surrounding area.","sortOrder":85},{"sectionNumber":"67","sectionType":"section","heading":"Private open space and gardens for certain residential development","content":"#### 67 Private open space and gardens for certain residential development\n\n67 Private open space and gardens for certain residential development\n\n> > (1) Consent shall not be granted to development for the purpose of accessible housing or multi-dwelling housing unless the development complies with this clause.\n> \n> > (2) For each single storey dwelling or dwelling located, wholly or in part, on the ground floor of a multi-storey building, provision is to be made for a minimum area of private open space, based on the number of bedrooms in the dwelling, as specified in the following Table—\n> > \n> > | Number of bedrooms in housing or dwelling | Minimum area of private open space |\n> > | One (including bedsits) | 25m2 |\n> > | Two | 40m2 |\n> > | Three or more | 50m2 |\n> \n> > (3) Private open space provided to comply with subclause (2) is to include at least one area that—\n> > \n> > > (a) has reasonable access to a living area of the dwelling, and\n> > \n> > > (b) is on a compatible level with a living area of the dwelling, and\n> > \n> > > (c) has a slope of less than 10 per cent, and\n> > \n> > > (d) is designed and located to allow appropriate access to sunlight and minimise overshadowing from adjoining buildings, and\n> > \n> > > (e) has acoustic treatments, where necessary and practicable, to minimise disturbance to residents of adjoining dwellings, and\n> > \n> > > (f) complies with the minimum area and minimum width, based on the number of bedrooms in the dwelling, as specified in the following Table—\n> > > \n> > > | Number of bedrooms | Minimum area | Minimum width |\n> > > | One (including bedsits) | 15m2 | 3m |\n> > > | Two | 20m2 | 3.5m |\n> > > | Three or more | 25m2 | 4m |\n> \n> > (4) In the case of a dwelling not subject to subclause (2), provision is to be made for a usable private balcony or deck attached to the dwelling that—\n> > \n> > > (a) has a minimum area of 6 square metres, and\n> > \n> > > (b) has a minimum length of 1.8 metres, and\n> > \n> > > (c) is accessible from a living area of the dwelling.\n> \n> > (5) Common landscaped areas are to have a garden structure and standard of presentation at least comparable with adjacent private gardens or public parks.","sortOrder":86},{"sectionNumber":"Division 4","sectionType":"division","heading":"Heritage conservation","content":"## Division 4 Heritage conservation\n\nDivision 4 Heritage conservation","sortOrder":87},{"sectionNumber":"68","sectionType":"section","heading":"Consideration of heritage conservation","content":"#### 68 Consideration of heritage conservation\n\n68 Consideration of heritage conservation\n\n> Consent shall not be granted to development—\n> \n> > (a) of a heritage item, or\n> \n> > (b) within a heritage conservation area, or\n> \n> > (c) of an archaeological site, or\n> \n> > (d) that is likely to have an impact on an Aboriginal object or Aboriginal place, or\n> \n> > (e) within the curtilage of a heritage item or an archaeological site,\n> \n> unless the consent authority is satisfied that the development complies with the relevant heritage conservation objectives and the relevant provisions within this Division.","sortOrder":88},{"sectionNumber":"69","sectionType":"section","heading":"Heritage conservation objectives","content":"#### 69 Heritage conservation objectives\n\n69 Heritage conservation objectives\n\n> The heritage conservation objectives are as follows—\n> \n> > (a) To conserve the environmental heritage of the Blue Mountains.\n> \n> > (b) To conserve the heritage significance of existing significant fabric, relics, archaeological sites, settings and views associated with heritage items and heritage conservation areas.\n> \n> > (c) To ensure that Aboriginal objects and Aboriginal places are conserved, whether or not those sites are identified by an environmental planning instrument.\n> \n> > (d) To ensure that the heritage conservation areas throughout the City retain their heritage significance.\n> \n> > (e) To encourage public involvement in the conservation of environmental heritage.","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":"Protection of heritage items and heritage conservation areas","content":"#### 70 Protection of heritage items and heritage conservation areas\n\n70 Protection of heritage items and heritage conservation areas\n\n> > (1) Notwithstanding clause 32 (Land use matrix), the following development may be carried out only with consent—\n> > \n> > > (a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,\n> > \n> > > (b) moving the whole or part of a heritage item,\n> > \n> > > (c) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, including to its detail, fabric, finish or appearance,\n> > \n> > > (d) altering a heritage item by making structural changes to its interior,\n> > \n> > > (e) disturbing or excavating an Aboriginal place while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in an Aboriginal object being discovered, exposed, moved, damaged or destroyed,\n> > \n> > > (f) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,\n> > \n> > > (g) erecting a building on, or subdividing, land upon which a heritage item is located or which is within a heritage conservation area.\n> \n> > (2) Development consent is not required under this clause if, in the opinion of the consent authority—\n> > \n> > > (a) the proposed development—\n> > > \n> > > > (i) is of a minor nature or consists of maintenance of the item or of a building, work, archaeological site, tree or place within a heritage conservation area, and\n> > > \n> > > > (ii) would not adversely affect the heritage significance of the heritage item or heritage conservation area, and\n> > \n> > > (b) the proponent has notified the consent authority in writing of the proposed work and the consent authority advises the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this clause and that development consent is not required by this Division.\n> \n> > (3) Development consent is not required by this clause for—\n> > \n> > > (a) the creation of a new grave or monument, or\n> > \n> > > (b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers,\n> > \n> > in a cemetery or burial ground where there will be no disturbance to human remains, relics in the form of grave goods or to an Aboriginal place.","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Determination of development applications for heritage","content":"#### 71 Determination of development applications for heritage\n\n71 Determination of development applications for heritage\n\n> > (1) When determining a development application required by clause 70 (Protection of heritage items and heritage conservation areas), the consent authority shall assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.\n> \n> > (2) An assessment carried out to comply with subclause (1) is to include (but is not limited to) an assessment of the following—\n> > \n> > > (a) the heritage significance of the item as part of the environmental heritage of the City of Blue Mountains,\n> > \n> > > (b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features,\n> > \n> > > (c) the measures proposed to conserve the heritage significance of the item and its setting,\n> > \n> > > (d) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development,\n> > \n> > > (e) the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision pattern,\n> > \n> > > (f) any submission received in relation to the proposed development in response to the notification or advertising of the application within the period set by the notice or advertisement.\n> \n> > (3) In relation to a heritage conservation area, an assessment carried out in accordance with subclause (1) is to include (but is not limited to) an assessment of the following—\n> > \n> > > (a) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance,\n> > \n> > > (b) the impact that the proposed development would have on the heritage significance of the heritage conservation area,\n> > \n> > > (c) the compatibility of the proposed development with any nearby original building and the character of the heritage conservation area, including consideration (where relevant) of—\n> > > \n> > > > (i) the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and\n> > > \n> > > > (ii) the pitch and form of the roof, and\n> > > \n> > > > (iii) the style, size, proportion and positions of the openings for windows or doors, and\n> > > \n> > > > (iv) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building,\n> > \n> > > (d) the measures proposed to conserve the significance of the heritage conservation area and its setting,\n> > \n> > > (e) whether any identified landscape or horticultural features would be affected by the proposed development,\n> > \n> > > (f) whether any archaeological site or potential archaeological site would be affected by the proposed development,\n> > \n> > > (g) the extent, if any, to which the carrying out of the development in accordance with the consent would affect an historic subdivision pattern,\n> > \n> > > (h) any submission received in relation to the proposed development in response to the notification or advertising of the application within the period set by the notice or advertisement.\n> \n> > (4) When determining whether or not to grant a development consent in accordance with subclause (1)—\n> > \n> > > (a) consent shall not be granted until the consent authority has considered a heritage impact statement which includes an assessment of the matters raised in subclause (2), in the case of proposed development that would affect a heritage item, and\n> > \n> > > (b) consent shall not be granted until the consent authority has considered a heritage impact statement which includes an assessment of the matters raised in subclause (3), in the case of proposed development that would affect a heritage conservation area, and\n> > \n> > > (c) where the consent authority requires that a conservation management plan should also be prepared in respect of a heritage item, the consent authority may refuse to grant consent unless a conservation management plan has been submitted and considered.\n> > \n> > Note—\n> > \n> > The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).\n> \n> **cl 71:** Am 2008 (571), Sch 3.17 \\[1\\].","sortOrder":91},{"sectionNumber":"72","sectionType":"section","heading":null,"content":"#### 72\n\n72, 73 (Repealed)","sortOrder":92},{"sectionNumber":"74","sectionType":"section","heading":"Development affecting places or sites of known or potential Aboriginal heritage significance","content":"#### 74 Development affecting places or sites of known or potential Aboriginal heritage significance\n\n74 Development affecting places or sites of known or potential Aboriginal heritage significance\n\n> Consent shall not be granted to development that is likely to have an impact on an Aboriginal place, or a potential Aboriginal place, or that will be carried out on an Aboriginal object, unless the consent authority has—\n> \n> > (a) considered a heritage impact statement explaining how the proposed development would affect the conservation of any Aboriginal object known or reasonably likely to be located at a site, or any Aboriginal place, which has been prepared in accordance with any guidelines for the time being notified to it by the Director-General of the Department of Environment and Conservation, and\n> \n> > (b) except where the proposed development is integrated development, notified the local Aboriginal communities (in such a way as it thinks appropriate) of its intention to do so and taken into consideration any comments received in response within 21 days after the relevant notice is sent.\n> \n> **cl 74:** Am 2008 (571), Sch 3.17 \\[3\\] \\[4\\].","sortOrder":94},{"sectionNumber":"75","sectionType":"section","heading":"Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance","content":"#### 75 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance\n\n75 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance\n\n> > (1) Consent may be granted to the carrying out of development on an archaeological site or potential archaeological site or site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also an Aboriginal place or Aboriginal object) only if the consent authority has—\n> > \n> > > (a) considered a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and\n> > \n> > > (b) satisfied itself that any necessary excavation permit required by the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) has been granted.\n> \n> > (2) This clause does not apply if the proposed development—\n> > \n> > > (a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or\n> > \n> > > (b) is integrated development.\n> \n> **cl 75:** Am 2008 (571), Sch 3.17 \\[5\\].","sortOrder":95},{"sectionNumber":"76","sectionType":"section","heading":"Development in the curtilage of a heritage item or in a heritage conservation area","content":"#### 76 Development in the curtilage of a heritage item or in a heritage conservation area\n\n76 Development in the curtilage of a heritage item or in a heritage conservation area\n\n> > (1) Before granting consent to development in the curtilage of a heritage item or in a heritage conservation area that includes a heritage item, including a work which—\n> > \n> > > (a) may affect the setting of the heritage item, including by obscuring a significant view to or from the item or by overshadowing, or\n> > \n> > > (b) may undermine or otherwise cause physical damage to the heritage item, or\n> > \n> > > (c) will otherwise have an adverse impact on the heritage significance of the heritage item,\n> > \n> > the consent authority shall assess the impact of the proposed development on the heritage significance of the heritage item and on the heritage conservation area, if it is within such an area.\n> \n> > (2) Consent shall not be granted to development in the curtilage of a heritage item or in the vicinity of a heritage conservation area unless the consent authority has considered a heritage impact statement, where, in the opinion of the consent authority, that development could adversely impact on the heritage significance or visual setting of that item or area.\n> \n> > (3) The heritage impact statement, where required, shall include details of the size, shape and scale of, the setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the significance of the heritage item.","sortOrder":96},{"sectionNumber":"77","sectionType":"section","heading":"Conservation incentives","content":"#### 77 Conservation incentives\n\n77 Conservation incentives\n\n> > (1) Notwithstanding clause 32 (Land use matrix), the consent authority may as a heritage conservation incentive grant consent to the use for any purpose of a building that is a heritage item, or of the land on which any such item is erected, if—\n> > \n> > > (a) it is satisfied that the retention of the heritage item depends on the granting of consent, and\n> > \n> > > (b) the proposed use is in accordance with a conservation management plan which has been endorsed by the Council, and\n> > \n> > > (c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and\n> > \n> > > (d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and\n> > \n> > > (e) the proposed use would not unreasonably affect the amenity of the surrounding area.\n> \n> > (2) The consent authority may consent to development that affects a building that is a heritage item, or land on which any such item is erected, even though it contravenes a development standard set by this plan relating to building height, site coverage or development density, where the consent authority is satisfied that—\n> > \n> > > (a) the retention of the heritage item depends on the contravention of the development standard, and\n> > \n> > > (b) the proposed contravention is in accordance with a conservation management plan which has been endorsed by the Council, and\n> > \n> > > (c) the proposed contravention would ensure that all necessary conservation work identified in the conservation management plan is carried out, and\n> > \n> > > (d) the proposed contravention of the development standard would not unreasonably affect the heritage significance of the heritage item or its setting, and\n> > \n> > > (e) the proposed contravention of the development standard would not unreasonably affect the amenity of the surrounding area.\n> \n> > (3) This clause does not allow consent to be granted for a subdivision.","sortOrder":97},{"sectionNumber":"Division 5","sectionType":"division","heading":"Bush fire protection","content":"## Division 5 Bush fire protection\n\nDivision 5 Bush fire protection","sortOrder":98},{"sectionNumber":"78","sectionType":"section","heading":"Consideration of bush fire protection","content":"#### 78 Consideration of bush fire protection\n\n78 Consideration of bush fire protection\n\n> > (1) Consent shall not be granted to development on bush fire prone land unless—\n> > \n> > > (a) the consent authority has had regard to an assessment of the information relating to bush fires required by item (6) of the Table to clause 43 and is satisfied that the development is designed and located in accordance with the bush fire assessment, and\n> > \n> > > (b) the consent authority is satisfied that the proposed development complies with the relevant bush fire protection objectives and the other provisions within this Division.\n> \n> > (2) In considering the matters referred to in subclause (1), the consent authority must have regard to the specifications and requirements of Planning for Bush Fire Protection.\n> \n> > (3) Except for development subject to clause 81 (Bush fire protection for residential subdivision and development) and clause 82 (Special fire protection purposes), where the development does not conform to the specifications and requirements of Planning for Bush Fire Protection, the consent authority may grant consent to development on bush fire prone land, subject to subclause (1).\n> \n> > (4) Development that is not located on bush fire prone land—\n> > \n> > > (a) is to adopt measures to achieve a basic level of protection against ember attack and radiant heat in the manner outlined in the relevant parts of the Council’s Better Living DCP, and\n> > \n> > > (b) shall not be required to provide an asset protection zone where the consent authority is satisfied that a structure, work or open space located between the site and the source of any bush fire hazard provides sufficient separation.\n> \n> Note—\n> \n> The consent authority must also have regard to the relevant provisions of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) and the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **cl 78:** Am 2007 No 82, Sch 3.3 \\[1\\].","sortOrder":99},{"sectionNumber":"79","sectionType":"section","heading":"Bush fire protection objectives","content":"#### 79 Bush fire protection objectives\n\n79 Bush fire protection objectives\n\n> The bush fire protection objectives are as follows—\n> \n> > (a) To balance conservation of the natural environment with the protection of life and property from bush fire.\n> \n> > (b) To reduce potential bush fire attack by managing vegetation in the vicinity of habitable buildings through the provision of appropriate asset protection zones.\n> \n> > (c) To contain asset protection zones and other bush fire protection measures within the boundaries of the site of the development that they are designed to protect, wherever possible.\n> \n> > (d) To enable the maintenance of bush fire protection measures and ongoing vegetation management for the life of the development by the owner or occupier.\n> \n> > (e) To place restrictions on the erection of buildings requiring special fire protection measures, including buildings whose occupants could be highly vulnerable to bush fires, buildings in which people work or assemble and buildings situated on sites where the proposed intensity of land use provides an unacceptable level of bush fire risk.\n> \n> > (f) To enable infill development that provides effective asset protection and that responds to the pattern of development within existing urban areas that are bush fire prone.\n> \n> > (g) To enable the defence of habitable buildings against bush fire attack by providing adequate water supplies, on-site access and safe access networks for fire fighting purposes.\n> \n> > (h) To protect habitable buildings during the passage of any fire front by appropriate siting, design, choice of materials and construction.","sortOrder":100},{"sectionNumber":"80","sectionType":"section","heading":"Asset protection zones","content":"#### 80 Asset protection zones\n\n80 Asset protection zones\n\n> > (1) Consent must not be granted for any development of bush fire prone land involving the construction of a building (except a class 10 building) or residential subdivision unless the consent authority is satisfied that an asset protection zone that complies with the objectives of asset protection zones and other provisions of this clause will be established and maintained.\n> \n> > (2) The objectives of asset protection zones are—\n> > \n> > > (a) to protect buildings, their occupants and fire fighters by isolating the building from direct flame attack and reducing the level of radiant heat impacting upon the building, and\n> > \n> > > (b) to minimise the impact of asset protection zones so that they do not unduly compromise the retention of a natural bushland environment, and\n> > \n> > > (c) to separate buildings from the source of a bush fire hazard, and\n> > \n> > > (d) to minimise the combustible material available to burn in a bush fire, and\n> > \n> > > (e) to enable access to all exterior parts of a dwelling after the passage of a fire front to identify and extinguish any spot fires which may have ignited.\n> \n> > (3) An asset protection zone must be designed and maintained so that—\n> > \n> > > (a) there is minimal fuel that could be set alight by a bush fire, and\n> > \n> > > (b) any vegetation located within the asset protection zone does not provide a path for the transfer of fire to buildings.\n> \n> > (4) Except as provided otherwise by clause 81 (6) or clause 83 (Bush fire protection for infill development), any asset protection zone established to protect development against bush fire is to be located within the boundaries of the site on which the development is to be carried out.\n> \n> > (5) Where an existing asset protection zone immediately adjoins the development site, and the consent authority is satisfied that it will continue to be maintained for this purpose, the existing asset protection zone may be included as part of the asset protection zone for the new development.\n> \n> > (6) Conditions of development consent may require restrictions or positive covenants to be placed on titles of affected land to maintain the effectiveness of an asset protection zone or to protect vegetation within or adjoining an asset protection zone, which may relate to—\n> > \n> > > (a) the nature and level of vegetation maintenance required,\n> > \n> > > (b) the extent and method of vegetation clearing,\n> > \n> > > (c) responsibility for maintenance.","sortOrder":101},{"sectionNumber":"81","sectionType":"section","heading":"Bush fire protection for residential subdivision and development","content":"#### 81 Bush fire protection for residential subdivision and development\n\n81 Bush fire protection for residential subdivision and development\n\n> An asset protection zone required for a residential subdivision of bush fire prone land (including for any subsequent development of habitable buildings) is to comply with Planning for Bush Fire Protection.\n> \n> **cll 81:** Am 2007 No 82, Sch 3.3 \\[1\\]. Subst 2020 (69), Sch 1.2\\[2\\].","sortOrder":102},{"sectionNumber":"82","sectionType":"section","heading":"Special fire protection purposes","content":"#### 82 Special fire protection purposes\n\n82 Special fire protection purposes\n\n> An asset protection zone required for special fire protection purposes on bush fire prone land is to comply with Planning for Bush Fire Protection.\n> \n> **cll 82:** Am 2007 No 82, Sch 3.3 \\[1\\]. Subst 2020 (69), Sch 1.2\\[2\\].","sortOrder":103},{"sectionNumber":"83","sectionType":"section","heading":"Bush fire protection for infill development","content":"#### 83 Bush fire protection for infill development\n\n83 Bush fire protection for infill development\n\n> Except for development subject to clause 81 or 82, an asset protection zone for development of habitable buildings on existing allotments on bush fire prone land is to comply with Planning for Bush Fire Protection.\n> \n> **cl 83:** Am 2007 No 82, Sch 3.3 \\[1\\]; 2008 (571), Sch 3.17 \\[6\\] \\[7\\]. Subst 2020 (69), Sch 1.2\\[2\\].","sortOrder":104},{"sectionNumber":"84","sectionType":"section","heading":"Access to bush fire prone land","content":"#### 84 Access to bush fire prone land\n\n84 Access to bush fire prone land\n\n> Consent must not be granted to development on bush fire prone land involving the construction of new roads or development for a special fire protection purpose, unless the consent authority is satisfied that adequate provision is made for public and private road access in accordance with Planning for Bush Fire Protection.\n> \n> **cl 84:** Subst 2020 (69), Sch 1.2\\[2\\].","sortOrder":105},{"sectionNumber":"85","sectionType":"section","heading":"Service supplies","content":"#### 85 Service supplies\n\n85 Service supplies\n\n> > (1) Gas and electricity Gas and electricity services to development on bush fire prone land are to be provided in accordance with the relevant criteria in Planning for Bush Fire Protection.\n> \n> > (2) Water supplies When granting consent to any development on bush fire prone land, the consent authority is to be satisfied that adequate water would be available to land holders and fire fighting authorities to enable the effective defence of habitable buildings in the event of a bush fire attack, in accordance with Planning for Bush Fire Protection.\n> \n> > (3), (4) (Repealed)\n> \n> **cl 85:** Am 2020 (69), Sch 1.2\\[3\\]–\\[5\\].","sortOrder":106},{"sectionNumber":"86","sectionType":"section","heading":"Bush fire construction standards","content":"#### 86 Bush fire construction standards\n\n86 Bush fire construction standards\n\n> > (1) The category of bush fire attack applying to a habitable building on bush fire prone land is to be determined on the basis of the distance and slope of land between the building line and the vegetation group or relevant vegetation class in accordance with Planning for Bush Fire Protection.\n> \n> > (2) Consent shall not be granted to development involving the construction of a habitable building on bush fire prone land unless that building meets the standards for building in bush fire prone areas specified within Planning for Bush Fire Protection for the relevant category of bush fire attack.\n> \n> **cl 86:** Am 2007 No 82, Sch 3.3 \\[1\\].","sortOrder":107},{"sectionNumber":"Division 6","sectionType":"division","heading":"Hazard and risk assessment","content":"## Division 6 Hazard and risk assessment\n\nDivision 6 Hazard and risk assessment","sortOrder":108},{"sectionNumber":"87","sectionType":"section","heading":"Crime minimisation assessment","content":"#### 87 Crime minimisation assessment\n\n87 Crime minimisation assessment\n\n> > (1) When determining a development application, the consent authority shall have regard to the following principles of crime prevention—\n> > \n> > > (a) **surveillance**—enabling maximum natural surveillance of buildings, streets, car parking facilities and open spaces,\n> > \n> > > (b) **access control**—providing a clear indication of areas where people are and are not permitted to go, and incorporating security measures to restrict access to private or high risk areas,\n> > \n> > > (c) **territorial reinforcement**—encouraging the ownership of public space, clearly delineating between public and private spaces to reflect the intended use,\n> > \n> > > (d) **space management**—ensuring that spaces are well maintained and used as they were intended,\n> > \n> > with reference to the relevant provisions of the Council’s Better Living DCP.\n> \n> > (2) The consent authority may decline consent for development unless it has considered a crime minimisation assessment addressing the principles identified in subclause (1).","sortOrder":109},{"sectionNumber":"88","sectionType":"section","heading":"Land subject to inundation","content":"#### 88 Land subject to inundation\n\n88 Land subject to inundation\n\n> > (1) Consent shall not be granted to development on land that in the opinion of the consent authority is subject to inundation unless the consent authority is satisfied that the proposed development would not—\n> > \n> > > (a) adversely impede the flow of flood waters on that land or on land in its immediate vicinity, or\n> > \n> > > (b) imperil the safety of persons on that land or on land in its immediate vicinity, or\n> > \n> > > (c) aggravate or be likely to result in erosion, siltation or the destruction of vegetation, or\n> > \n> > > (d) cause any adverse effect on the water table of the land or of the land in its immediate vicinity.\n> \n> > (2) Nothing in this clause prevents the consent authority granting consent for the carrying out of reasonable repairs to, renovation of, alterations to, extensions to, additions to or to a different use of, an existing building, if there will be no resulting increase in flood risk on the land concerned or on other land in its immediate vicinity.\n> \n> > (3) The consent authority may, as a condition of consent, require—\n> > \n> > > (a) the floor level of a building to be at a height sufficient, in its opinion, to prevent the flooding or to reduce the incidence of flooding of that building or of adjoining land in its immediate vicinity, and\n> > \n> > > (b) any portion of a building or structure below the height set in accordance with paragraph (a) to be built from flood compatible materials.","sortOrder":110},{"sectionNumber":"89","sectionType":"section","heading":"Remediation of contaminated land","content":"#### 89 Remediation of contaminated land\n\n89 Remediation of contaminated land\n\n> > (1) This clause applies to any development on contaminated land.\n> \n> > (2) Consent shall not be granted to any development to which this clause applies unless the consent authority has considered whether the land is contaminated, and—\n> > \n> > > (a) if the land is contaminated, the consent authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and\n> > \n> > > (b) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, the consent authority is satisfied that the land will be remediated before the land is used for that purpose.\n> \n> > (3) Nothing in this clause affects the application of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 4 to land to which this plan applies.\n> \n> **cl 89:** Am 2022 (72), Sch 1.10.","sortOrder":111},{"sectionNumber":"Part 4","sectionType":"part","heading":"Considerations for development","content":"# Part 4 Considerations for development\n\nPart 4 Considerations for development","sortOrder":112},{"sectionNumber":"90","sectionType":"section","heading":"Lot layout","content":"#### 90 Lot layout\n\n90 Lot layout\n\n> > (1) A lot created in a subdivision of land within a zone described in the following Table is to have a minimum area and a minimum width as specified for that zone in the following Table—\n> > \n> > | Zone | Minimum area, except hatchet shaped lot | Minimum area of a hatchet shaped lot | Minimum width |\n> > | Village—Tourist | 720m2 | 1,100m2 | 18.5m |\n> > | Village—Housing | 720m2 | 1,100m2 | 18.5m |\n> > | Living—General | 720m2 | 1,100m2 | 18.5m |\n> > | Living—Conservation | 1,200m2 | 1,200m2 | 22m |\n> > | Living—Bushland Conservation | 1,200m2 | 1,200m2 | 22m |\n> > | Employment— Enterprise | 900m2 | 1,100m2 | 18.5m |\n> \n> > (2) In calculating the area of a lot for the purposes of this clause, the area of any part of that lot that is within the Environmental Protection—Private zone is to be excluded.\n> \n> > (3) Where a lot created is within more than one of the zones specified in subclause (1), the lot is to have a minimum area and a minimum width specified for that zone which comprises the largest proportion of that lot.\n> \n> > (4) The width of the lot is to be measured at the minimum front building setback, as specified in the “building setback” provision applying to that land in Schedule 1, 2 or 3.\n> \n> > (5) The consent authority shall not permit the creation of more than 3 lots served by a single driveway, access strip or handle connected to a public road.\n> \n> > (6) The minimum width for an access strip or handle is 4.5 metres.\n> \n> > (7) In calculating the minimum area of a hatchet shaped lot the area of the access strip or handle is to be excluded.\n> \n> > (8) Subdivision is to result in the retention, where possible, of existing vegetation and the layout and design of the new lots, including access ways, are to be consistent with the character of the locality.\n> \n> > (9) A lot created within the Living—Bushland Conservation zone intended as a site for a dwelling house is to include a development space that—\n> > \n> > > (a) has an area of land not less than 750 square metres, and\n> > \n> > > (b) is configured so as to be capable of accommodating development for the purpose of a dwelling house, and\n> > \n> > > (c) incorporates that part of any asset protection zone required to be established or maintained on that lot, and\n> > \n> > > (d) is capable of being accessed by a driveway that is connected to a public road, and\n> > \n> > > (e) is not development excluded land.\n> \n> > (10) The subdivision of land within the Living—Conservation zone is to—\n> > \n> > > (a) retain an appropriate setting and visual context for existing buildings that allows for any existing formal garden settings that are integral to the character of the building to be retained within the lot on which the building is located, and\n> > \n> > > (b) identify building envelopes for each lot that will maximise the retention of existing formal gardens and existing mature vegetation on the site.","sortOrder":114},{"sectionNumber":"91","sectionType":"section","heading":"Provision of services for subdivision","content":"#### 91 Provision of services for subdivision\n\n91 Provision of services for subdivision\n\n> Consent shall not be granted to the subdivision of land to create additional lots unless—\n> \n> > (a) each of the lots to be created that will require the disposal of wastewater is to be serviced by reticulated sewerage and potable water systems, and\n> \n> > (b) the Sydney Water Corporation has previously provided certification to the Council that the sewage treatment plant and the sewerage and potable water reticulation systems serving the locality concerned have the capacity to accommodate the additional development or can be upgraded to accommodate the additional capacity as part of the development.","sortOrder":115},{"sectionNumber":"92","sectionType":"section","heading":"Subdivision related to specific land uses","content":"#### 92 Subdivision related to specific land uses\n\n92 Subdivision related to specific land uses\n\n> > (1) The consent authority may consent to the subdivision of land to create lots that do not comply with clause 90 if the subdivision—\n> > \n> > > (a) is for cluster housing, or\n> > \n> > > (b) is for integrated housing within the Village—Housing zone, or\n> > \n> > > (c) relates to detached dual occupancy development for which consent has been granted and provides for each dwelling to be on a separate lot, where the lot size prior to subdivision is not less than 1,100 square metres, excluding any part of that lot that is within the Environmental Protection—Private zone and the area of any access handle for a hatchet shaped lot, or\n> > \n> > > (d) relates to attached dual occupancy development for which consent has been granted and provides for each dwelling to be on a separate lot, where the lot size prior to subdivision is not less than 900 square metres, excluding any part of that lot that is within the Environmental Protection—Private zone and the area of any access handle for a hatchet shaped lot, or\n> > \n> > > (e) relates to dual occupancy or multi-dwelling housing development in the Village—Housing or Village—Tourist zone for which consent has been granted and provides for each dwelling to be on a separate lot, or\n> > \n> > > (f) relates to accessible housing for which consent has been granted and provides for each dwelling to be on a separate lot, or\n> > \n> > > (g) is a neighbourhood or strata subdivision involving existing lawful buildings or buildings for which consent has been granted, but only where each lot, other than neighbourhood property, common property or development lots, includes a building or part of a building capable of separate occupation.\n> \n> > (2) Consent may be granted to subdivision for the purpose of cluster housing only where the consent authority is satisfied that—\n> > \n> > > (a) the number of proposed lots is not greater than 8 lots per hectare of that part of the total site area that is zoned Living—Bushland Conservation, and\n> > \n> > > (b) the cluster housing, including access and any buildings ancillary to a dwelling house, will not be located on any development excluded land, and\n> > \n> > > (c) dwellings are designed and located so as to minimise threat to life and property from bush fire, and\n> > \n> > > (d) measures are to be put in place to ensure that any land that is common open space, as part of the cluster housing, is to be managed to ensure that the environmental qualities of the land are maintained, and\n> > \n> > > (e) the development will incorporate areas of bushland and native vegetation, and\n> > \n> > > (f) dwellings will be located to utilise materials and to be of a form and scale that reinforces the landscape character of the locality in which the development will be situated.\n> \n> > (3) Where land or any part of land is subject to development for the purpose of cluster housing to a density of 8 lots per hectare in accordance with subclause (2), consent must not be granted for the further subdivision of that land, other than for the purpose of—\n> > \n> > > (a) a boundary adjustment where no additional lots are created, or\n> > \n> > > (b) providing land for public purposes.\n> \n> > (4) Consent may be granted to development for the purpose of cluster housing in accordance with subclause (2) even though it contravenes a building setback in Division 1 of Part 3 of Schedule 2 where the consent authority is satisfied that the contravention of the building setback contributes to complying with subclause (2) (d)–(f).","sortOrder":116},{"sectionNumber":"93","sectionType":"section","heading":"Subdivision in the recreation zones and environmental protection zones","content":"#### 93 Subdivision in the recreation zones and environmental protection zones\n\n93 Subdivision in the recreation zones and environmental protection zones\n\n> > (1) Consent shall not be granted to the subdivision of land within the Recreation—Private, Recreation—Open Space or Environmental Protection—Open Space zones unless the consent authority is satisfied that the purpose of the subdivision is—\n> > \n> > > (a) to provide land for public purposes, or\n> > \n> > > (b) to provide public access to land, or\n> > \n> > > (c) to differentiate between separate land uses, activities or management areas for which consent has been granted, or\n> > \n> > > (d) to facilitate consolidation of existing allotments, or\n> > \n> > > (e) to allow a boundary re-alignment where no new allotments are created.\n> \n> > (2) Consent shall not be granted to subdivision where any lot created consists entirely of land within the Environmental Protection—Private zone unless that lot is to be provided for a public purpose.","sortOrder":117},{"sectionNumber":"94","sectionType":"section","heading":"General provision of services","content":"#### 94 General provision of services\n\n94 General provision of services\n\n> > (1) The consent authority shall not consent to development requiring—\n> > \n> > > (a) drainage, or\n> > \n> > > (b) the provision of an electricity power supply, or\n> > \n> > > (c) water supply or water storage, or\n> > \n> > > (d) disposal of wastewater,\n> > \n> > unless it is satisfied that adequate arrangements can be made for that service or services to be reasonably provided without unacceptable impact on the environment or the community.\n> \n> > (2) (Repealed)\n> \n> > (3) Consent shall not be granted to development of a kind which the Council has been required by an environmental planning instrument to refer to the Regulatory Authority (within the meaning of the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074)) unless—\n> > \n> > > (a) where on-site disposal of wastewater is proposed, the applicant has furnished the consent authority with a study that complies with clause 96 (Water cycle management study) to establish that the land is capable of sustaining such a means of disposal, or\n> > \n> > > (b) satisfactory arrangements can be made with Sydney Water Corporation for the provision of water and sewerage facilities.\n> \n> > (4) Subject to clause 48 (Protected Area—Water Supply Catchment) and clause 95 (Provision of services for specific land uses), the consent authority shall not consent to development that requires the disposal of wastewater, unless—\n> > \n> > > (a) the development is to be connected to a reticulated sewerage system, or\n> > \n> > > (b) where connection to a reticulated sewerage system is not available, the consent authority is satisfied by means of a report that complies with clause 97 (Geotechnical and water balance report) that the wastewater may be effectively disposed of on that part of the site on which the development is permissible.\n> \n> > (5) Should development be subject to subclauses (3) (a) and (4) (b) a combined study may be prepared and submitted to the consent authority that complies with clause 96 (Water cycle management study) and clause 97 (Geotechnical and water balance report).\n> \n> **cl 94:** Am 2014 No 74, Sch 3.1 \\[2\\]; 2020 (667), Sch 1.2.","sortOrder":119},{"sectionNumber":"95","sectionType":"section","heading":"Provision of services for specific land uses","content":"#### 95 Provision of services for specific land uses\n\n95 Provision of services for specific land uses\n\n> > (1) Consent may be granted to development for the purpose of a dwelling house, where the dwelling house is to be serviced by a wastewater pump out system, only if—\n> > \n> > > (a) the dwelling house will be erected on a lot existing on the appointed day, and\n> > \n> > > (b) a connection to a reticulated sewerage system is not available.\n> \n> > (2) Consent shall not be granted to development for the purpose of accessible housing, a bed and breakfast establishment, a boarding house, a dual occupancy, multi-dwelling housing or tourist accommodation unless a reticulated sewerage system is in place that has the existing capacity to service the development or can be upgraded to accommodate the additional capacity as part of the development.","sortOrder":120},{"sectionNumber":"96","sectionType":"section","heading":"Water cycle management study","content":"#### 96 Water cycle management study\n\n96 Water cycle management study\n\n> A water cycle management study prepared for the purposes of clause 94 (3) shall include an assessment of the following matters—\n> \n> > (a) pre-development and post-development run-off volumes and pollutant loads from the site of the proposed development,\n> \n> > (b) whether the development will have a neutral or beneficial effect on the water quality of rivers, streams or groundwater in the hydrological catchment, including during periods of wet weather,\n> \n> > (c) whether the water quality management practices proposed to be carried out as part of the development are sustainable over the long term,\n> \n> > (d) whether the development is compatible with relevant environmental objectives and water quality standards for the hydrological catchment, where these objectives and standards are established by the Government,\n> \n> > (e) the impacts of the development on receiving waters,\n> \n> > (f) the water cycle management strategies and best practices proposed to be employed to address those impacts, and\n> \n> > (g) the arrangements to be made for the ongoing maintenance and monitoring of the water cycle management system.","sortOrder":121},{"sectionNumber":"97","sectionType":"section","heading":"Geotechnical and water balance report","content":"#### 97 Geotechnical and water balance report\n\n97 Geotechnical and water balance report\n\n> A geotechnical and water balance report prepared for the purposes of clause 94 (4)—\n> \n> > (a) is to include sufficient technical data to meet the requirements specified in any relevant development control plan that provides guidelines for the on-site disposal of wastewater, and\n> \n> > (b) must consider and assess—\n> > \n> > > (i) the wastewater treatment system, and\n> > \n> > > (ii) site selection criteria, and\n> > \n> > > (iii) the capability of the development site to provide for the disposal of wastewater in accordance with clause 44 (Environmental impact).","sortOrder":122},{"sectionNumber":"98","sectionType":"section","heading":"Access to land from a public road","content":"#### 98 Access to land from a public road\n\n98 Access to land from a public road\n\n> > (1) Consent shall not be granted to the carrying out of development (other than development that, in the opinion of the consent authority, will be of a temporary nature) that requires vehicular access unless provision has been made for legally constituted access onto the land from a public road.\n> \n> > (2) Development that requires vehicular access to a site shall ensure that—\n> > \n> > > (a) access is available from a stable, all weather vehicular access road to a standard satisfactory to the consent authority, and\n> > \n> > > (b) the access road is designed to minimise grades and to suit contours, thereby minimising erosion, and\n> > \n> > > (c) the access road is not located on slopes in excess of 33 per cent, unless no other alternative is available, and\n> > \n> > > (d) the access road is adequate and appropriate to cater for the proposed development taking into account—\n> > > \n> > > > (i) the volume of traffic to be generated by the proposed development, and\n> > > \n> > > > (ii) the use and enjoyment of that access road by adjoining properties where that access road, whether existing or proposed, is shared with those adjoining properties.","sortOrder":124},{"sectionNumber":"99","sectionType":"section","heading":"Car parking provision","content":"#### 99 Car parking provision\n\n99 Car parking provision\n\n> > (1) Off-street car parking is to be provided in accordance with the relevant part of the Council’s Better Living DCP.\n> \n> > (2) Notwithstanding subclause (1), the consent authority may permit development for the purpose of multi-dwelling housing with a lesser number of car parking spaces where it is demonstrated to the satisfaction of the consent authority that—\n> > \n> > > (a) future residents are likely to have a low level of car ownership, and\n> > \n> > > (b) the site is located within the Accessible Housing Area, as shown on Map Panel A, and\n> > \n> > > (c) the car parking spaces will be allocated so as to be available to all dwellings on a shared basis.\n> \n> > (3) The consent authority shall, in respect of an application for consent to development for the purpose of accessible housing, bulk stores, bulky goods showrooms, car repair stations, caravan parks, commercial premises, clubs, district supermarkets, drive-in take-away food outlets, hotels, industries, light industries, motor showrooms, multi-dwelling housing, places of assembly, places of worship, service stations, shops or tourist accommodation or to the carrying out of any other development that, in the opinion of the consent authority, is likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration—\n> > \n> > > (a) whether adequate vehicular exits from and entrances to the site or sites have been provided so that vehicles using those exits and entrances will not endanger people and vehicles using those roads, and\n> > \n> > > (b) whether the provision of space on the site or on land adjoining the site, other than a public road, for the parking or standing of such number of vehicles is as specified by the relevant part of the Council’s Better Living DCP, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) whether adequate space has been provided within the site of the proposed development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.\n> \n> **cl 99:** Am 2008 (571), Sch 3.17 \\[8\\].","sortOrder":125},{"sectionNumber":"100","sectionType":"section","heading":"Design for car parking","content":"#### 100 Design for car parking\n\n100 Design for car parking\n\n> > (1) The amount of the street frontage (including the front elevation) of a dwelling house that may be taken up by openings for garages or carports is limited to—\n> > \n> > > (a) a maximum of 4 metres where the width of the allotment is less than 15 metres, or\n> > \n> > > (b) a maximum of 6 metres where the width of the allotment is equal to or greater than 15 metres.\n> \n> > (2) Garages and car parking areas should preferably be located behind the rear alignment of the building and are not to form a visually prominent element of the streetscape.\n> \n> > (3) For car parking spaces that are used in association with development that is required to be accessible to people with a disability, in accordance with the relevant part of the Council’s Better Living DCP, the car parking spaces are to be linked by a continuous accessible path of travel, constructed of a non-slip surface, to the building entrance.","sortOrder":126},{"sectionNumber":"101","sectionType":"section","heading":"Loading and unloading facilities","content":"#### 101 Loading and unloading facilities\n\n101 Loading and unloading facilities\n\n> > (1) Subject to this clause, the consent authority shall not consent to the erection or use of any building on land zoned for commercial or industrial purposes unless provision is made within the site area for loading and unloading facilities satisfactory to the consent authority.\n> \n> > (2) If a building referred to in subclause (1) has access to a rear lane, the loading and unloading facilities shall be provided from that lane unless the consent authority is satisfied that the lane is inadequate for the purpose.\n> \n> > (3) This clause does not apply to development being minor alterations to an existing building if, in the opinion of the consent authority, the size and shape of the land having regard to existing buildings render the provision of facilities in accordance with this clause impracticable.\n> \n> > (4) Where, in the opinion of the consent authority, provision cannot be made as required by subclause (1) for loading and unloading, the consent authority may consent to the erection or use of a building subject to such other conditions relating to loading and unloading as it considers appropriate.","sortOrder":127},{"sectionNumber":"102","sectionType":"section","heading":"Uncoloured roads","content":"#### 102 Uncoloured roads\n\n102 Uncoloured roads\n\n> > (1) Development is allowed only with consent on a public road shown uncoloured on Map Panel A or on part of such a road that has been lawfully closed.\n> \n> > (2) Such a consent may be granted only for development that is allowed (either with or without consent) on land adjoining the road.\n> \n> > (3) Subject to subclause (4), development consent is not required for works carried out by the Council or any public utility undertaking on roads shown uncoloured on Map Panel A.\n> \n> > (4) New roads may be constructed and road widening in excess of 1 metre (other than for maintenance of existing roads) may be carried out on land adjoining or within the—\n> > \n> > > (a) Environmental Protection—Private zone, or\n> > \n> > > (b) Environmental Protection—Open Space zone, or\n> > \n> > > (c) Living—Conservation zone,\n> > \n> > only with development consent.\n> \n> > (5) Consent shall not be granted to development on roads adjoining or within a zone described in subclause (4) unless the consent authority has considered the following—\n> > \n> > > (a) the impact of the proposed road works on land within the adjoining Environmental Protection—Private zone or Environmental Protection—Open Space zone and measures that have been incorporated to minimise this impact,\n> > \n> > > (b) the design, style and nature of the road works in regard to the maintenance and enhancement of bushland character,\n> > \n> > > (c) the regeneration and planting of disturbed areas and road verges,\n> > \n> > > (d) the retention, where possible, of natural features, including trees and rock outcrops.\n> \n> > (6) Development of roads shown uncoloured on Map Panel A, on land adjoining the Living Conservation zone, shall be of a form and design, and in such a location, as to enhance the landscape setting of the streetscape.","sortOrder":128},{"sectionNumber":"103","sectionType":"section","heading":"Privacy for dwelling houses and granny flats","content":"#### 103 Privacy for dwelling houses and granny flats\n\n103 Privacy for dwelling houses and granny flats\n\n> Consent shall not be granted to development for the purpose of a dwelling house or granny flat unless the consent authority is satisfied that—\n> \n> > (a) the location, scale and design of new buildings will ensure that the visual privacy of residents of buildings on adjoining allotments is not significantly impacted upon, and\n> \n> > (b) direct views from the development into the principal private open spaces or habitable rooms of dwellings on adjoining allotments are minimised or effectively screened.","sortOrder":130},{"sectionNumber":"104","sectionType":"section","heading":"Privacy for other residential development","content":"#### 104 Privacy for other residential development\n\n104 Privacy for other residential development\n\n> > (1) Consent shall not be granted to development for the purpose of accessible housing, a dual occupancy or multi-dwelling housing unless the development is designed to maximise visual privacy in accordance with this clause.\n> \n> > (2) Proposed habitable room windows with a direct outlook to habitable room windows or private open space of an adjacent dwelling will be permitted only where these have a separation of no less than 6 metres.\n> \n> > (3) Where proposed habitable room windows will have a direct outlook to habitable room windows or private open space of an adjacent dwelling and are separated by less than 9 metres, the proposed window will—\n> > \n> > > (a) be offset a minimum of 1 metre from the edge of the proposed window to the edge of the existing window, or\n> > \n> > > (b) have sill heights of at least 1.6 metres above floor level, or\n> > \n> > > (c) have fixed obscure glazing applied to any part of the window below 1.6 metres above floor level.\n> \n> > (4) Overlooking from or to private open space areas is to be reduced by ensuring that any upper level balconies are designed and screened to minimise the potential for overlooking of the private open space of any lower level of adjoining dwellings.\n> \n> > (5) Where potential overlooking cannot be avoided, views of private open space areas may be obscured in the following ways—\n> > \n> > > (a) by retention or planting of dense mature vegetation,\n> > \n> > > (b) by solid translucent screens or perforated panels or trellises, which have a maximum of 25 per cent openings and that are designed to blend in with the proposed redevelopment, and are to be permanent components of the structure and difficult to alter.","sortOrder":131},{"sectionNumber":"105","sectionType":"section","heading":"Energy efficiency","content":"#### 105 Energy efficiency\n\n105 Energy efficiency\n\n> > (1) Consent shall not be granted to development for the purpose of accessible housing, a dwelling house, a dual occupancy, a granny flat or multi-dwelling housing, or to development that increases the existing floor space of a dwelling house by more than 50 per cent, unless the buildings can achieve a 4 star NatHERS rating or alternative provisions for energy efficiency in accordance with the relevant part of the Council’s Better Living DCP.\n> \n> > (2) The design and location of development subject to subclause (1) should maximise energy efficiency and sunlight access for any adjoining residential buildings by ensuring that the development proposed to be carried out does not unreasonably obscure sunlight to habitable rooms or private open space of those adjoining residential buildings during winter months.\n> \n> > (3) The consent authority may require the preparation of shadow diagrams by a suitably qualified person to demonstrate whether adjoining dwellings and areas will be affected by the proposed development as required in subclause (2).","sortOrder":133},{"sectionNumber":"106","sectionType":"section","heading":"Sustainable resource management","content":"#### 106 Sustainable resource management\n\n106 Sustainable resource management\n\n> Before granting consent for development, the consent authority shall consider how it can encourage development that is designed to follow ecologically sustainable development practices, including any such practices described in development control plans approved by the Council, to achieve—\n> \n> > (a) conservation of natural resources (renewable and non-renewable), and\n> \n> > (b) energy conservation and efficiency, and\n> \n> > (c) reduction in greenhouse gas emissions, and\n> \n> > (d) total water cycle management, and\n> \n> > (e) a reduction in the use of reticulated potable water, and\n> \n> > (f) air, water and soil quality protection, enhancement and rehabilitation, and\n> \n> > (g) waste avoidance and minimisation.","sortOrder":134},{"sectionNumber":"107","sectionType":"section","heading":"Access to public buildings and public land","content":"#### 107 Access to public buildings and public land\n\n107 Access to public buildings and public land\n\n> Consent shall not be granted to the development of—\n> \n> > (a) a building or that part of a building intended for use by the general public, or\n> \n> > (b) a facility or building on public land or dedicated or reserved Crown land under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) for which the Council has care, control and management,\n> \n> unless that building, part of a building or facility is accessible to people with a disability in accordance with the relevant part of the Council’s Better Living DCP and Australian Standard AS 1428.1–2001, Design for access and mobility—General requirements for access—New building work in the manner prescribed within that development control plan.\n> \n> **cl 107:** Am 2019 (621), Sch 2.3\\[1\\].","sortOrder":136},{"sectionNumber":"108","sectionType":"section","heading":"Accessibility of dwellings","content":"#### 108 Accessibility of dwellings\n\n108 Accessibility of dwellings\n\n> > (1) Consent shall not be granted to development that is required by this clause to be accessible to people with a disability unless the development is designed to comply with the relevant part of the Council’s Better Living DCP and Australian Standard AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work in the manner prescribed within that development control plan.\n> \n> > (2) In the case of development comprising 5 or more dwellings or accommodation suites, at least 20 per cent of all dwellings or accommodation suites (to the nearest whole number) shall be accessible to people with a disability.\n> \n> > (3) Notwithstanding subclause (2), development for the purpose of accessible housing which comprises less than 5 dwellings shall include a minimum of 1 dwelling that is accessible to people with a disability.\n> \n> > (4) In the case of development for the purpose of accessible housing comprising a hostel or residential care facility, the essential areas and facilities which are associated with at least 20 per cent of all hostel or residential care facility beds, including a toilet, bathroom, bedroom and a living area, shall be accessible to people with a disability.\n> \n> > (5) Development for the purpose of a bed and breakfast establishment shall include a minimum of 1 guest room that is accessible to people with a disability.\n> \n> > (6) Tourist accommodation, bed and breakfast establishments and boarding houses shall be designed so that all common amenities (toilet, laundry facilities, games room etc) shall be accessible to people with a disability.","sortOrder":137},{"sectionNumber":"109","sectionType":"section","heading":"Adaptability of dwellings","content":"#### 109 Adaptability of dwellings\n\n109 Adaptability of dwellings\n\n> > (1) Consent shall not be granted to development that is required by this clause to be adaptable unless the development is designed in accordance with Australian Standard AS 4299–1995, Adaptable housing in the manner prescribed in the relevant part of the Council’s Better Living DCP.\n> \n> > (2) All dwellings or accommodation suites within development for the purpose of accessible housing, boarding houses, multi-dwelling housing or tourist accommodation are to be adaptable.\n> \n> > (3) Each dwelling within a dual occupancy that is located within the Accessible Housing Area as shown on Map Panel A is to be adaptable, unless an existing dwelling house is converted to a dual occupancy in which case at least one of the dwellings is to be adaptable.","sortOrder":138},{"sectionNumber":"110","sectionType":"section","heading":"Housing choice","content":"#### 110 Housing choice\n\n110 Housing choice\n\n> Consent shall not be granted to accessible housing or multi-dwelling housing unless the consent authority is satisfied that the housing will contribute to the provision of housing choice within the locality and—\n> \n> > (a) the housing incorporates a range of dwelling sizes, particularly contributing to the increased provision of single and two bedroom dwelling stock, and\n> \n> > (b) the housing shall include a minimum of 33 per cent (to the nearest whole number) of the proposed dwellings with a gross floor area not greater than 100 square metres.","sortOrder":139},{"sectionNumber":"Division 7","sectionType":"division","heading":"Accessible housing","content":"## Division 7 Accessible housing\n\nDivision 7 Accessible housing","sortOrder":140},{"sectionNumber":"111","sectionType":"section","heading":"Accessible housing considerations","content":"#### 111 Accessible housing considerations\n\n111 Accessible housing considerations\n\n> > (1) The consent authority shall not grant consent to development for the purpose of accessible housing unless the development proposed to be carried out complies with the provisions within this Division that are relevant to the development.\n> \n> > (2) In addition to the provisions of this Division, development for the purpose of accessible housing is subject to any other provision within this plan that is relevant to the development or the land to which the development relates.","sortOrder":141},{"sectionNumber":"112","sectionType":"section","heading":"Who can live in accessible housing?","content":"#### 112 Who can live in accessible housing?\n\n112 Who can live in accessible housing?\n\n> > (1) Development for the purpose of accessible housing shall be carried out only for the accommodation of—\n> > \n> > > (a) older people and people with a disability, or\n> > \n> > > (b) people who live with older people or people with a disability, or\n> > \n> > > (c) staff employed to assist in the administration of and provision of services to housing provided under this clause.\n> \n> > (2) The consent authority shall not grant consent for accessible housing unless it is satisfied that a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), limiting the use of the development, including any dwelling within that development, to the people specified in subclause (1).","sortOrder":142},{"sectionNumber":"113","sectionType":"section","heading":"Location and access to services","content":"#### 113 Location and access to services\n\n113 Location and access to services\n\n> > (1) Except as otherwise specified in clause 114 (“Self-sustained” development outside the accessible housing area), development for the purpose of accessible housing is to be located within the accessible housing area as shown on Map Panel A.\n> \n> > (2) Reasonable pedestrian access via a footpath or other similar and safe means is to be available from the primary pedestrian entrance of the development to—\n> > \n> > > (a) land zoned Village—Town Centre within—\n> > > \n> > > > (i) Blackheath, or\n> > > \n> > > > (ii) Katoomba, or\n> > > \n> > > > (iii) Leura, or\n> > > \n> > > > (iv) Wentworth Falls, or\n> > > \n> > > > (v) Lawson, or\n> > > \n> > > > (vi) Springwood, or\n> > > \n> > > > (vii) Hazelbrook, or\n> > > \n> > > > (viii) Blaxland, or\n> > \n> > > (b) land zoned Village—Neighbourhood Centre within—\n> > > \n> > > > (i) Winmalee, or\n> > > \n> > > > (ii) Glenbrook.\n> \n> > (3) In determining whether “reasonable pedestrian access” is provided between the development and the village centre in accordance with subclause (2), the consent authority is to consider whether—\n> > \n> > > (a) there is a path of travel via a sealed footpath or other similar and safe means (that is suitable for access by means of an electric wheelchair, motorised cart or the like) from the development to the village centre, and\n> > \n> > > (b) the gradient of access paths does not exceed an overall average of 1:14 over the shortest path of travel from the development to the village centre, provided that—\n> > > \n> > > > (i) slopes up to 1:12 do not exceed 15 metres at a time, and\n> > > \n> > > > (ii) slopes up to 1:10 do not exceed 5 metres at a time, and\n> > > \n> > > > (iii) slopes up to 1:8 do not exceed 1.5 metres at a time, and\n> > \n> > > (c) there are sufficient rest stops along the route, which should include seats or level landings.\n> \n> > (4) The pedestrian access shall not involve the crossing of local roads unless safe crossing conditions are provided with reference to sight distances, level crossings, pedestrian refuges and the like.\n> \n> > (5) Pedestrian access shall not involve the crossing of the Regional Transport Corridor unless there is—\n> > \n> > > (a) a bridge or subway providing pedestrian access, or\n> > \n> > > (b) a signalised crossing with auditory devices provided.\n> \n> > (6) Should a development not provide reasonable pedestrian access in accordance with subclause (3), residents are to have reasonable access to—\n> > \n> > > (a) transport that, in the opinion of the consent authority, is reasonably affordable private transport, which provides regular access from the site of the development to at least one of the village centres listed in subclause (2), and that is readily accessible to people with a disability or impaired mobility, or\n> > \n> > > (b) regular public transport that operates at least 5 days per week averaging at least a two-hourly service between the hours of 9am and 5pm for those days and that provides access to at least one of the villages listed in subclause (2), access to which is within 400 metres of the proposed development.","sortOrder":143},{"sectionNumber":"114","sectionType":"section","heading":"“Self-sustained” development outside the accessible housing area","content":"#### 114 “Self-sustained” development outside the accessible housing area\n\n114 “Self-sustained” development outside the accessible housing area\n\n> > (1) Development for the purpose of accessible housing may be located outside the accessible housing area as specified in clause 113 (Location and access to services) provided that—\n> > \n> > > (a) the development has no less than 50 dwellings, or\n> > \n> > > (b) the development has no less than 50 beds in a residential care facility, or\n> > \n> > > (c) where the development includes both dwellings and beds in a residential care facility, the number of dwellings added to the number of beds in a residential care facility is equal to or exceeds 50, or\n> > \n> > > (d) the development is located within a precinct within the Recreation—Private zone.\n> \n> > (2) Consent shall be granted to development that complies with subclause (1), only where the consent authority is satisfied, by means of written evidence, that residents of the proposed development will have reasonable access to—\n> > \n> > > (a) transport that, in the opinion of the consent authority, is reasonably affordable private transport, which provides regular access from the site of the development to at least one of the village centres listed in clause 113 (2), and that is readily accessible to people with a disability or impaired mobility, and\n> > \n> > > (b) community services and recreation facilities, and\n> > \n> > > (c) on-site communal areas (internal or external), and\n> > \n> > > (d) where appropriate for the proposed inhabitants, on-site medical consulting rooms, for use by visiting medical practitioners.","sortOrder":144},{"sectionNumber":"115","sectionType":"section","heading":"Support services and facilities","content":"#### 115 Support services and facilities\n\n115 Support services and facilities\n\n> > (1) Each development for the purpose of accessible housing is to provide emergency response alarms located in all dwelling units.\n> \n> > (2) The consent authority is to be satisfied that residents will have reasonable access to support services including, but not limited to—\n> > \n> > > (a) home delivered meals, and\n> > \n> > > (b) personal care, and\n> > \n> > > (c) home nursing, and\n> > \n> > > (d) assistance with housework, and\n> > \n> > > (e) gardening maintenance, and\n> > \n> > > (f) medical assistance, and\n> > \n> > > (g) respite care, and\n> > \n> > > (h) rehabilitation services.\n> \n> > (3) If 15 or more residential units are proposed on the land subject to the development application, the consent authority is to be satisfied before granting consent that adequate provision is made for—\n> > \n> > > (a) an administrative building or room located in a prominent location, that is designed to provide a focal point for visitors and a sense of security for residents, and\n> > \n> > > (b) a setting down and picking up area that is close to the site entry with a covered seating area visible from the administrative building or room or at least some of the dwellings, and\n> > \n> > > (c) speed restriction signs placed in a prominent location at the entry to the development.","sortOrder":145},{"sectionNumber":"116","sectionType":"section","heading":"Safe and convenient access for accessible housing","content":"#### 116 Safe and convenient access for accessible housing\n\n116 Safe and convenient access for accessible housing\n\n> Consent shall not be granted to development for the purpose of accessible housing on a site unless there is provision of a continuous accessible path of travel from the entrances of all proposed dwellings to—\n> \n> > (a) the principal pedestrian entrance to the development, and\n> \n> > (b) vehicle setting down areas, and\n> \n> > (c) parking areas, and\n> \n> > (d) communal on-site facilities, and\n> \n> > (e) private open space, and\n> \n> > (f) other areas of the development to which residents could reasonably require access.","sortOrder":146},{"sectionNumber":"117","sectionType":"section","heading":"Bush fire protection and evacuation of Accessible Housing","content":"#### 117 Bush fire protection and evacuation of Accessible Housing\n\n117 Bush fire protection and evacuation of Accessible Housing\n\n> > (1) Consent shall not be granted to development for the purpose of accessible housing on bush fire prone land unless the consent authority is satisfied that the development complies with the requirements of Planning for Bush Fire Protection.\n> \n> > (2) The consent authority, in determining whether a development application is required to be referred by subclause (1), must take into consideration the general location of the proposed development, the means of access to and egress from the general location and other relevant matters, including the following—\n> > \n> > > (a) the size of the existing population within the locality,\n> > \n> > > (b) age groups within that population and the number of persons within those age groups,\n> > \n> > > (c) the number of hospitals and other facilities providing care to the residents of the facilities within the locality, and the number of beds within those hospitals and facilities,\n> > \n> > > (d) the number of schools within the locality and the number of students at those schools,\n> > \n> > > (e) existing development within the locality that has been carried out for the purpose of accessible housing, retirement villages and the like,\n> > \n> > > (f) the road network within the locality and the capacity of the road network to cater for traffic to and from existing development if there were a need to evacuate persons from the locality in the event of a bush fire,\n> > \n> > > (g) the adequacy of access to and from the site of the proposed development for emergency response vehicles,\n> > \n> > > (h) the nature, extent and adequacy of bush fire emergency procedures that are able to be applied to the proposed development and its site.\n> > \n> > > (i) (Repealed)\n> \n> **cl 117:** Am 2007 No 82, Sch 3.3 \\[1\\]; 2020 (667), Sch 1.2.","sortOrder":147},{"sectionNumber":"Division 8","sectionType":"division","heading":"Provisions for specific land uses","content":"## Division 8 Provisions for specific land uses\n\nDivision 8 Provisions for specific land uses","sortOrder":148},{"sectionNumber":"118","sectionType":"section","heading":"Bed and breakfast establishments","content":"#### 118 Bed and breakfast establishments\n\n118 Bed and breakfast establishments\n\n> Consent shall not be granted for the erection of a new dwelling house or the adaptation or alteration of a dwelling house for the purpose of a bed and breakfast establishment unless—\n> \n> > (a) the development will operate from the dwelling house, and\n> \n> > (b) the development is proposed on a site that has a total area of 1,200 square metres or greater, and\n> \n> > (c) any works to allow use of the dwelling house as a bed and breakfast establishment are consistent with the predominant character of the street and adjoining development, and\n> \n> > (d) on-site parking is provided and is screened and any impacts on adjoining properties, relating to the parking and movement of motor vehicles, are minimised, and\n> \n> > (e) the visual and acoustic privacy of adjoining residents is maintained.","sortOrder":149},{"sectionNumber":"119","sectionType":"section","heading":"Dual occupancy","content":"#### 119 Dual occupancy\n\n119 Dual occupancy\n\n> > (1) Consent shall not be granted to development for the purpose of a dual occupancy on a lot unless the development has the following characteristics—\n> > \n> > > (a) if it is a proposed attached dual occupancy, it is located on a lot with an area of not less than 900 square metres (excluding the area of the access handle for a hatchet shaped lot),\n> > \n> > > (b) if it is a proposed detached dual occupancy, it is located on a lot with an area of not less than 1,100 square metres (excluding the area of the access handle for a hatchet shaped lot).\n> \n> > (2) However, the consent authority may consent to an attached dual occupancy on a lot with an area of not less than 720 square metres, where it is satisfied that—\n> > \n> > > (a) the dual occupancy will include one dwelling that has a gross floor area not greater than 80 square metres, or\n> > \n> > > (b) the development involves older public housing stock owned by the Department of Housing and the lot size is justified.\n> \n> > (3) Consent shall not be granted to development for the purpose of a dual occupancy in the Living—General zone unless—\n> > \n> > > (a) the form, design and appearance of the building (after any proposed alterations and additions have been carried out), including the roof pitch, colours and materials, are complementary to the adjoining and adjacent buildings and any existing dwelling house on the land, and\n> > \n> > > (b) private open space, with an area of not less than 50 square metres and a width of not less than 4 metres, is provided for each dwelling.\n> \n> > (4) The appearance and location from the primary street frontage of a dual occupancy in the Living—General zone should retain or enhance the existing character and appearance of a low-density residential area and shall avoid, in all but exceptional circumstances, a mirror-reversed design.\n> \n> > (5) Dual occupancies located on a corner allotment shall be designed to separately address the primary and secondary street frontages, where practicable.","sortOrder":150},{"sectionNumber":"120","sectionType":"section","heading":"Granny flats","content":"#### 120 Granny flats\n\n120 Granny flats\n\n> > (1) Consent shall not be granted to development for the purpose of a granny flat unless—\n> > \n> > > (a) the consent authority is satisfied that the design and location of the granny flat complements the style, scale and appearance of the primary dwelling on the allotment, and\n> > \n> > > (b) there is compliance with any “site coverage” and “development density” provisions of this plan that apply to the land, except where the development does not result in an increase in the gross floor area of a building for which consent was granted, and\n> > \n> > > (c) no more than one granny flat is erected on the allotment concerned, and\n> > \n> > > (d) any alterations or additions to a building for the purpose of the granny flat are designed to be adaptable in accordance with Australian Standard AS 4299–1995, Adaptable housing in the manner prescribed in the Council’s Better Living DCP.\n> \n> > (2) Consent shall not be granted to a subdivision for the purpose of making a granny flat for which consent has been granted and the primary dwelling concerned available for separate disposition or sale.","sortOrder":151},{"sectionNumber":"121","sectionType":"section","heading":"Home employment","content":"#### 121 Home employment\n\n121 Home employment\n\n> Consent shall not be granted to the use for home employment of a dwelling or building on an allotment unless the consent authority is satisfied that—\n> \n> > (a) the total site coverage does not exceed that specified for the land in this plan, and\n> \n> > (b) external lighting associated with the home employment is to be located and directed to minimise impact on adjoining residential properties, and\n> \n> > (c) a separate or defined access is provided from the street to the home employment area, and\n> \n> > (d) a clearly identifiable separate area for the conduct of the home employment is provided that can be separated from the balance of the dwellings for privacy and security, and\n> \n> > (e) it is not reasonably practicable for the home employment area to be converted to become part of the residence or a separate granny flat or a self-contained unit, and\n> \n> > (f) there is acoustic insulation between the home employment area and the adjoining dwelling, and\n> \n> > (g) the character of the proposed home employment use is consistent with the scale and massing of the surrounding area, where it is located in an existing residential setting.","sortOrder":152},{"sectionNumber":"122","sectionType":"section","heading":"Liquid fuel depot","content":"#### 122 Liquid fuel depot\n\n122 Liquid fuel depot\n\n> > (1) A person shall not establish, enlarge or use a liquid fuel depot having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without development consent.\n> \n> > (2) (Repealed)\n> \n> **cl 122:** Am 2008 (571), Sch 3.17 \\[9\\] \\[10\\].","sortOrder":153},{"sectionNumber":"123","sectionType":"section","heading":"Road transport terminal","content":"#### 123 Road transport terminal\n\n123 Road transport terminal\n\n> > (1) This clause applies to development for the purpose of a transport terminal.\n> \n> > (2) Before granting consent to development subject to subclause (1), the consent authority shall take into consideration—\n> > \n> > > (a) the standard of the roads in the locality in relation to the size and the weight of the vehicles likely to use the transport terminal, and\n> > \n> > > (b) traffic conditions and facilities generally in the vicinity of the approaches to the transport terminal, and\n> > \n> > > (c) the means of ingress and egress, and\n> > \n> > > (d) the provision on land (other than a public road) of space for the parking or standing of vehicles, and\n> > \n> > > (e) the layout of buildings on the site in relation to—\n> > > \n> > > > (i) the provision of space for the parking and standing of vehicles,\n> > > \n> > > > (ii) the provision of space for the loading, unloading or fuelling of vehicles, and\n> > > \n> > > > (iii) the traffic facilities within the site.\n> \n> **cl 123:** Am 2008 (571), Sch 3.17 \\[11\\].","sortOrder":154},{"sectionNumber":"124","sectionType":"section","heading":"Service stations","content":"#### 124 Service stations\n\n124 Service stations\n\n> Consent shall not be granted for the erection of a building or the carrying out of a work, or for the use of land, for the purpose of a service station unless—\n> \n> > (a) the site is more than 90 metres from the junction or intersection of a classified road, with another main or arterial road, and\n> \n> > (b) the frontage to the road is not less than 50 metres, and\n> \n> > (c) (Repealed)\n> \n> > (d) separate entrances to and exits from the site are provided and those entrances and exits are separated by physical barriers constructed on the road alignment and so identified by suitable signs readily visible to persons using the adjoining road or entering, and\n> \n> > (e) where the site is a corner lot and the consent authority so requires, separate entrances and exits are provided to and from each of the adjoining roads and a physical barrier is erected so that a vehicle entering the site will, when leaving it, use an exit leading only to the road from which entrance was gained, and\n> \n> > (f) inlets to bulk fuel storage tanks are so situated on the site as to ensure that tankers, while discharging fuel into such tanks, shall stand wholly within the site, and\n> \n> > (g) the layout of the site is such as to facilitate the movement of vehicles entering into or leaving the site with the flow of traffic on the adjoining road, and\n> \n> > (h) the site is suitably landscaped to the satisfaction of the consent authority.\n> \n> **cl 124:** Am 2008 (571), Sch 3.17 \\[12\\].","sortOrder":155},{"sectionNumber":"125","sectionType":"section","heading":"Sex establishment","content":"#### 125 Sex establishment\n\n125 Sex establishment\n\n> > (1) Consent shall not be granted to development for the purpose of a sex establishment unless the consent authority is satisfied with respect to its location that—\n> > \n> > > (a) the development will not be adjacent to, adjoin or be within 100 metres of—\n> > > \n> > > > (i) an educational establishment, or\n> > > \n> > > > (ii) a childcare centre, or\n> > > \n> > > > (iii) a recreational area, or\n> > > \n> > > > (iv) a place of worship, or\n> > > \n> > > > (v) a hospital, or\n> > > \n> > > > (vi) any other place regularly frequented by children for recreational or cultural activities, and\n> > \n> > > (b) the development is not within 50 metres of the boundary of any zone in which a dwelling house is a permissible land use, and\n> > \n> > > (c) the development does not have a frontage to, or direct vehicular access from, the Regional Transport Corridor.\n> \n> > (2) Consent shall not be granted to development for the purpose of a sex establishment unless the consent authority is satisfied, with respect to the operation, amenity, design and form of the development that—\n> > \n> > > (a) the development would not have an adverse impact on the amenity of the area by reason of excessive noise, inappropriate operating hours, indiscreet signage or otherwise, and\n> > \n> > > (b) operating hours are compatible with adjoining land uses, and\n> > \n> > > (c) any advertising is to be for identification purposes only and is to be attached to or painted onto the subject premises and is to have an area of not more than 0.5m2, and\n> > \n> > > (d) any advertising is to be discreet in nature and is not to display words or images that in the opinion of the consent authority are sexually explicit, lewd or otherwise offensive, and\n> > \n> > > (e) adequate waiting rooms will be provided within the premises to discourage loitering outside the premises by clients, and\n> > \n> > > (f) no sex establishment shop fronts or likewise would be created, and\n> > \n> > > (g) an alarm, intercom or similar safety and security device is installed in each room that is used for sexual activity and is connected to a central base or reception area that is monitored at all times, and\n> > \n> > > (h) adequate lighting of entrances and exits is to be provided at all times during which the premises are occupied by any staff or sex workers outside daylight hours, and\n> > \n> > > (i) entrances are located so as to be visible from a public place, and\n> > \n> > > (j) the design of the premises provides for passive surveillance of any adjoining street or other public place, from within the building, in the interest of staff, sex worker and client safety.\n> \n> > (3) Before granting consent to development for the purpose of a sex establishment, the consent authority shall consider a plan of operation that provides details of operation including, but not limited to, details concerning each of the matters referred to in subclause (2).\n> \n> > (4) The use for soliciting or a similar activity by sex workers or other staff of any land outside or in the vicinity of any premises that are subject to a consent allowing their use for the purpose of a sex establishment is prohibited.","sortOrder":156},{"sectionNumber":"126","sectionType":"section","heading":"Special use","content":"#### 126 Special use\n\n126 Special use\n\n> > (1) Consent shall not be granted to development for the purpose of a special use, being the special use designated for that land on Map Panel C, or to development ancillary or incidental to that special use, unless the proposed development—\n> > \n> > > (a) is to be carried out by a public authority, institution, organisation or the Council, and\n> > \n> > > (b) complies with the objectives for a special use within subclause (2).\n> \n> > (2) The objectives for development for the purposes of a special use are—\n> > \n> > > (a) to provide a community service, public facility or infrastructure, and\n> > \n> > > (b) to ensure development incorporates measures to mitigate any adverse impact on the environment, and\n> > \n> > > (c) to ensure development does not have an unreasonably adverse effect on residential amenity by way of scale, height, noise, light, dust or traffic generation.\n> \n> > (3) The consent authority may consent to development subject to this clause even if it contravenes a development standard set by this plan, where the consent authority is satisfied that the development is subject to Part 5A of the Act (Development by the Crown).\n> \n> > (4) The consent authority may consent to development subject to this clause even if it contravenes a development standard set by Division 1 of Part 2 (Locality management), where the consent authority is satisfied that the development—\n> > \n> > > (a) complies with the zone objectives within Division 2 of Part 2 (Locality management) that apply to the land, and\n> > \n> > > (b) complies with the objectives for a special use within subclause (2).\n> \n> > (5) Consent shall not be required for development carried out by or on behalf of the Commonwealth Department of Defence for the purpose of defence or for a purpose ancillary or incidental to defence on that land shown on Map Panel C by distinctive colouring as being subject to a Special Use—Defence.","sortOrder":157},{"sectionNumber":"127","sectionType":"section","heading":"Telecommunications facilities","content":"#### 127 Telecommunications facilities\n\n127 Telecommunications facilities\n\n> > (1) The objectives for development for the purpose of telecommunications facilities are—\n> > \n> > > (a) to require telecommunications facilities to be provided in a manner that meets community expectations for modern telecommunications infrastructure, and\n> > \n> > > (b) to require telecommunications facilities to comply with standards on exposure levels for electromagnetic energy (EME) and, in certain circumstances, to encourage facilities to be provided in ways that reduce exposure to EME, and\n> > \n> > > (c) to require telecommunications facilities to be provided in a manner that makes efficient use of existing infrastructure and services, and\n> > \n> > > (d) to require telecommunications facilities to be designed and located in such a way as to avoid and minimise impacts on the environment and amenity of the area in which the facilities are located, including the site of those facilities.\n> \n> > (2) Telecommunications facilities must be designed, installed and operated to comply with standards relating to human exposure to EME appearing in any applicable code or standard made under the applicable law of the Commonwealth.\n> \n> > (3) Telecommunications facilities are to be designed to minimise public exposure to EME through the principle of prudent avoidance, whereby low or no cost measures are employed to avoid or reduce exposures in accordance with the relevant provisions of the Council’s Better Living DCP.\n> \n> > (4) Consent shall not be granted to development for the purpose of telecommunications facilities unless the consent authority is satisfied that the development—\n> > \n> > > (a) contributes toward meeting the current and future servicing needs of the locality for telecommunications (including future servicing needs of newly developing areas), and\n> > \n> > > (b) complements or enhances the character and streetscape of the surrounding area, and\n> > \n> > > (c) is visually integrated with the character and streetscape of the surrounding area, where proposed within a village precinct, and\n> > \n> > > (d) incorporates effective measures to avoid or mitigate damage to vegetation, threatened species and critical habitats, and\n> > \n> > > (e) cannot satisfactorily be located on an existing telecommunications tower, and\n> > \n> > > (f) incorporates effective measures to avoid or mitigate soil erosion,\n> > \n> > with reference to the relevant provisions of the Council’s Better Living DCP.\n> \n> > (5) Telecommunications facilities in a road reserve must—\n> > \n> > > (a) be consistent with the Austroads publication Telecommunications in Road Reserves—Operational Guidelines for Installations, as amended from time to time, and\n> > \n> > > (b) comply with the standards of the appropriate roads authority.","sortOrder":158},{"sectionNumber":"Division 9","sectionType":"division","heading":"Management of public land and public infrastructure","content":"## Division 9 Management of public land and public infrastructure\n\nDivision 9 Management of public land and public infrastructure","sortOrder":159},{"sectionNumber":"128","sectionType":"section","heading":"Development of community land","content":"#### 128 Development of community land\n\n128 Development of community land\n\n> Consent shall not be granted to development on community land within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) unless the development is consistent with the adopted plan of management applying to that land.","sortOrder":160},{"sectionNumber":"129","sectionType":"section","heading":"Classification and reclassification of public land as operational land","content":"#### 129 Classification and reclassification of public land as operational land\n\n129 Classification and reclassification of public land as operational land\n\n> > (1) The public land described in Schedule 7 is classified, or reclassified, as operational land for the purposes of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), subject to this clause.\n> \n> > (2) Land described in Part 1 of Schedule 7—\n> > \n> > > (a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and\n> > \n> > > (b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.\n> \n> > (3) Land described in Columns 1 and 2 of Part 2 of Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Part 2 of Schedule 7.\n> \n> > (4) In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 7, means the local environmental plan that inserted the description of the land into that Part.\n> \n> > (5) Before the relevant amending plan inserted the description of land into Part 2 of Schedule 7, the Governor approved of subclause (3) applying to the land.\n> \n> **cl 129:** Am 2006 (241), Sch 1 \\[1\\].","sortOrder":161},{"sectionNumber":"130","sectionType":"section","heading":"Acquisition for open space purposes","content":"#### 130 Acquisition for open space purposes\n\n130 Acquisition for open space purposes\n\n> > (1) The owner of land within the Recreation—Open Space zone or Environmental Protection—Open Space zone that is designated for acquisition by a distinctive border on Map Panel A, may request the Council to acquire that land by way of a written notice.\n> \n> > (2) On receipt of a notice in accordance with subclause (1), the Council shall acquire the land to which the notice relates.","sortOrder":162},{"sectionNumber":"131","sectionType":"section","heading":"Acquisition of land in the Regional Transport Corridor (Road)","content":"#### 131 Acquisition of land in the Regional Transport Corridor (Road)\n\n131 Acquisition of land in the Regional Transport Corridor (Road)\n\n> > (1) The owner of any vacant land within the Regional Transport Corridor (Road) may, by notice in writing, require the RTA to acquire the land.\n> \n> > (2) The owner of any land within the Regional Transport Corridor (Road) that is not vacant, may, by notice in writing, require the RTA to acquire the land if—\n> > \n> > > (a) the land is included in the 5 year works programme of the RTA current at the time of the receipt of notice, or\n> > \n> > > (b) the RTA has decided not to give concurrence required by clause 132 to an application for consent to the carrying out of development on the land, or\n> > \n> > > (c) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.\n> \n> > (3) On receipt of a notice under this clause, the RTA shall acquire the land unless the land might reasonably be required to be dedicated for public roads.","sortOrder":163},{"sectionNumber":"132","sectionType":"section","heading":"Development in the Regional Transport Corridor (Road)","content":"#### 132 Development in the Regional Transport Corridor (Road)\n\n132 Development in the Regional Transport Corridor (Road)\n\n> > (1) A person may, with consent of the consent authority, carry out any development on land within the Regional Transport Corridor (Road) that is allowed with or without consent on land adjoining the Regional Transport Corridor (Road) zone.\n> \n> > (2) Consent shall not be granted to development referred to in subclause (1) unless the consent authority is satisfied that the development is consistent with the objectives and other relevant provisions of this plan.\n> \n> > (3) (Repealed)\n> \n> **cl 132:** Am 2008 (571), Sch 3.17 \\[13\\] \\[14\\].","sortOrder":164},{"sectionNumber":"133","sectionType":"section","heading":"Development adjoining the Regional Transport Corridor","content":"#### 133 Development adjoining the Regional Transport Corridor\n\n133 Development adjoining the Regional Transport Corridor\n\n> > (1) Consent shall not be granted to development adjoining the Regional Transport Corridor unless the consent authority is satisfied that any habitable buildings are designed to incorporate appropriate noise attenuation measures to avoid impacts from any classified road or the railway.\n> \n> > (2), (3) (Repealed)\n> \n> > (4) Consent shall not be granted to development on land adjoining a road within the Regional Transport Corridor (Road) unless—\n> > \n> > > (a) the setback of any buildings from the alignment or proposed alignment of the road within the Regional Transport Corridor (Road) is a minimum of 18 metres, or\n> > \n> > > (b) the consent authority is satisfied that the existing development on the land or the physical or functional circumstances of the land would warrant a lesser setback, and that this would not result in creation of a traffic hazard.\n> \n> > (5) (Repealed)\n> \n> **cl 133:** Am 2021 (716), Sch 1.4\\[3\\].","sortOrder":165},{"sectionNumber":"134","sectionType":"section","heading":"Crown development and public utilities","content":"#### 134 Crown development and public utilities\n\n134 Crown development and public utilities\n\n> > (1) Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit—\n> > \n> > > (a) the carrying out of development of any description specified in this clause, or\n> > \n> > > (b) the use of existing buildings of the Crown by the Crown.\n> \n> > (2) The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of—\n> > \n> > > (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and\n> > \n> > > (b) the erection within the limits of a railway station of buildings for any purpose,\n> > \n> > but excluding—\n> > \n> > > (c) the construction of new railways, railway stations and bridges over roads, and\n> > \n> > > (d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and\n> > \n> > > (e) the formation or alteration of any means of access to a road, and\n> > \n> > > (f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.\n> \n> > (3) The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings—\n> > \n> > > (a) development of any description at or below the surface of the ground,\n> > \n> > > (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,\n> > \n> > > (c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,\n> > \n> > > (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,\n> > \n> > > (e) the erection of service reservoirs on land acquired or in process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council,\n> > \n> > > (f) any other development, except—\n> > > \n> > > > (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or\n> > > \n> > > > (ii) the formation or alteration of any means of access to a road.\n> \n> > (4) The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except—\n> > \n> > > (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or\n> > \n> > > (b) the formation or alteration of any means of access to road.\n> \n> > (5) The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except—\n> > \n> > > (a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or\n> > \n> > > (b) the formation or alteration of any means of access to a road.\n> \n> > (6) The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except—\n> > \n> > > (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or\n> > \n> > > (b) the formation or alteration of any means of access to a road.\n> \n> > (7) The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except—\n> > \n> > > (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or\n> > \n> > > (b) the formation or alteration of any means of access to a road.\n> \n> > (8) The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.\n> \n> > (9) The carrying out of any forestry work by the Forestry Commission, School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055).\n> \n> > (10) The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except—\n> > \n> > > (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, and\n> > \n> > > (b) any development designed to change the use or purpose of any such reserve.\n> \n> > (11) The carrying out or causing to be carried out by the Council, where engaged in flood mitigation works, or by the Department of Infrastructure, Planning and Natural Resources, of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the [Water Act 1912](/view/html/inforce/current/act-1912-044), the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), the [Farm Water Supplies Act 1946](/view/html/inforce/current/act-1946-022), or the [Rivers and Foreshores Improvement Act 1948](/view/html/repealed/current/act-1948-020), except—\n> > \n> > > (a) the erection of buildings, and installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, and\n> > \n> > > (b) the formation or alteration of any means of access to a road.","sortOrder":166},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Locality management within the Villages","content":"# Schedule 1 Locality management within the Villages\n\nSchedule 1 Locality management within the Villages\n\n(Clauses 14 and 82 (3))\n\n**sch 1:** Am 2006 (241), Sch 1 \\[2\\]; 2008 (442), Sch 1 \\[1\\]; 2009 (189), Sch 1 \\[3\\] \\[4\\]; 2010 (624), Sch 1 \\[1\\]; 2011 (199), Sch 1.","sortOrder":167},{"sectionNumber":"Division 10","sectionType":"division","heading":"Katoomba Precinct VH-KA02—Great Western Highway Precinct","content":"## Division 10 Katoomba Precinct VH-KA02—Great Western Highway Precinct\n\nDivision 10 Katoomba Precinct VH-KA02—Great Western Highway Precinct","sortOrder":262},{"sectionNumber":"Division 11","sectionType":"division","heading":"Katoomba Precinct VH-KA03—Dora Street Precinct","content":"## Division 11 Katoomba Precinct VH-KA03—Dora Street Precinct\n\nDivision 11 Katoomba Precinct VH-KA03—Dora Street Precinct","sortOrder":267},{"sectionNumber":"Division 12","sectionType":"division","heading":"Katoomba Precinct VH-KA04—GWH Between Bowling Green Avenue and Station Street Precinct","content":"## Division 12 Katoomba Precinct VH-KA04—GWH Between Bowling Green Avenue and Station Street Precinct\n\nDivision 12 Katoomba Precinct VH-KA04—GWH Between Bowling Green Avenue and Station Street Precinct","sortOrder":272},{"sectionNumber":"Division 13","sectionType":"division","heading":"Katoomba Precinct VH-KA05—Lurline and Vale Streets Precinct","content":"## Division 13 Katoomba Precinct VH-KA05—Lurline and Vale Streets Precinct\n\nDivision 13 Katoomba Precinct VH-KA05—Lurline and Vale Streets Precinct","sortOrder":277},{"sectionNumber":"Division 14","sectionType":"division","heading":"Katoomba Precinct VH-KA06—Lurline Street Housing Precinct","content":"## Division 14 Katoomba Precinct VH-KA06—Lurline Street Housing Precinct\n\nDivision 14 Katoomba Precinct VH-KA06—Lurline Street Housing Precinct","sortOrder":282},{"sectionNumber":"Division 15","sectionType":"division","heading":"Katoomba Precinct VH-KA07—Cascade and Parke Street Edge Precinct","content":"## Division 15 Katoomba Precinct VH-KA07—Cascade and Parke Street Edge Precinct\n\nDivision 15 Katoomba Precinct VH-KA07—Cascade and Parke Street Edge Precinct","sortOrder":287},{"sectionNumber":"Division 16","sectionType":"division","heading":"Katoomba Precinct VH-KA08—Cnr Great Western Highway and Camp Street Precinct","content":"## Division 16 Katoomba Precinct VH-KA08—Cnr Great Western Highway and Camp Street Precinct\n\nDivision 16 Katoomba Precinct VH-KA08—Cnr Great Western Highway and Camp Street Precinct","sortOrder":292},{"sectionNumber":"Division 17","sectionType":"division","heading":"Katoomba Precinct VTC–KA06—Cultural Precinct","content":"## Division 17 Katoomba Precinct VTC–KA06—Cultural Precinct\n\nDivision 17 Katoomba Precinct VTC–KA06—Cultural Precinct","sortOrder":297},{"sectionNumber":"Division 18","sectionType":"division","heading":"Katoomba Precinct VH-KA09—Katoomba Golf Course Village Housing Precinct","content":"## Division 18 Katoomba Precinct VH-KA09—Katoomba Golf Course Village Housing Precinct\n\nDivision 18 Katoomba Precinct VH-KA09—Katoomba Golf Course Village Housing Precinct","sortOrder":302},{"sectionNumber":"Part 5","sectionType":"part","heading":"Leura Village","content":"# Part 5 Leura Village\n\nPart 5 Leura Village","sortOrder":307},{"sectionNumber":"Part 6","sectionType":"part","heading":"Wentworth Falls Village","content":"# Part 6 Wentworth Falls Village\n\nPart 6 Wentworth Falls Village","sortOrder":338},{"sectionNumber":"Part 7","sectionType":"part","heading":"Lawson Village","content":"# Part 7 Lawson Village\n\nPart 7 Lawson Village","sortOrder":354},{"sectionNumber":"Part 8","sectionType":"part","heading":"Hazelbrook Village","content":"# Part 8 Hazelbrook Village\n\nPart 8 Hazelbrook Village","sortOrder":375},{"sectionNumber":"Part 9","sectionType":"part","heading":"Springwood Village","content":"# Part 9 Springwood Village\n\nPart 9 Springwood Village","sortOrder":391},{"sectionNumber":"Part 10","sectionType":"part","heading":"Winmalee Village","content":"# Part 10 Winmalee Village\n\nPart 10 Winmalee Village","sortOrder":422},{"sectionNumber":"Part 11","sectionType":"part","heading":"Blaxland Village","content":"# Part 11 Blaxland Village\n\nPart 11 Blaxland Village","sortOrder":433},{"sectionNumber":"Part 12","sectionType":"part","heading":"Glenbrook Village","content":"# Part 12 Glenbrook Village\n\nPart 12 Glenbrook Village","sortOrder":459},{"sectionNumber":"Part 13","sectionType":"part","heading":"Other Blue Mountains Villages","content":"# Part 13 Other Blue Mountains Villages\n\nPart 13 Other Blue Mountains Villages","sortOrder":465},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Locality management within Living Zones","content":"# Schedule 2 Locality management within Living Zones\n\nSchedule 2 Locality management within Living Zones\n\n(Clauses 15 and 92 (4))","sortOrder":470},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Locality management within Employment Zones","content":"# Schedule 3 Locality management within Employment Zones\n\nSchedule 3 Locality management within Employment Zones\n\n(Clause 16)","sortOrder":492},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Locality management within Recreation Zones","content":"# Schedule 4 Locality management within Recreation Zones\n\nSchedule 4 Locality management within Recreation Zones\n\n(Clause 17)\n\n**sch 4:** Am 2008 (49), Sch 1 \\[1\\].","sortOrder":511},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Significant vegetation communities","content":"# Schedule 5 Significant vegetation communities\n\nSchedule 5 Significant vegetation communities\n\n(Dictionary)\n\nNote—\n\nIn this Schedule some scientific names appear in either italics or bold and italics. Bold italics are used to denote rare, endangered or dominant species.\n\nSignificant vegetation communities, for the purposes of this plan, consist of the following naturally occurring plant communities in the City’s area. These communities are based on the plant species composition, which is influenced by the specific topographic and edaphic (soil) characteristics present in the areas in which they grow. The structural formation of the plant communities follows the classification of Specht et al. (1974), cited in item 8 (References) of this Schedule. Descriptions of the vegetation communities in this Schedule have, in part, been adapted from Keith and Benson (1988), Smith and Smith (1998) and Douglas (2001) also cited in item 8.","sortOrder":530},{"sectionNumber":"1A","sectionType":"section","heading":"Ceratopetalum apetalum-Doryphora sassafras Rainforest","content":"#### 1A Ceratopetalum apetalum-Doryphora sassafras Rainforest\n\n(1A) Ceratopetalum apetalum-Doryphora sassafras Rainforest\n\n> *Ceratopetalum apetalum-Doryphora sassafras* (Coachwood-Sassafras) rainforest is found on sedimentary geology at upper and middle altitudes in the Blue Mountains. A variant, the “Montane Rainforest” also occurs on more fertile soils on the slopes of the basalt-capped mountains in the far north of the City. The rainforest on basalt can be very similar both structurally and floristically to rainforest on sedimentary rock where there is significant influence from alluvium derived from the basalt up-slope. As the basalt influence decreases and the sedimentary rock becomes more prominent due to erosion, the structure and floristics blend into typical Sydney Sandstone Gallery Rainforest, which tends to be less diverse than rainforest on basalt, particularly in the understorey.\n> \n> These rainforest communities are replaced at lower altitudes by *Backhousia myrtifolia-Ceratopetalum apetalum* rainforest (described below). The upper and lower altitude communities intergrade in the Springwood area. *Ceratopetalum apetalum-Doryphora sassafras* rainforest occurs in sheltered, moist sites that are rarely, if ever, burnt.\n> \n> The dominant tree species are usually Ceratopetalum apetalum (Coachwood) and/or Doryphora sassafras (Sassafras). Other trees that are common in some stands are Acacia elata (Mountain Cedar Wattle), Acmena smithii (Lilly Pilly), Callicoma serratifolia (Black Wattle), Hedycarya angustifolia (Native Mulberry) and Quintinia sieberi (Possumwood). Backhousia myrtifolia (Grey Myrtle) is usually absent, although sometimes a minor component of the community. The vegetation structure is usually a closed-forest or low closed-forest. There may be a layer of emergent eucalypts above the rainforest canopy in these communities. Ferns, vines and epiphytes are usually prominent features of the community.\n> \n> This community is generally characterised by the occurrence of Ceratopetalum apetalum and Doryphora sassafras with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia elata | Acmena smithii | Asplenium australasicum |\n> | Asplenium flabellifolium | Blechnum ambiguum | Blechnum cartilagineum |\n> | Blechnum gregsonii | Blechnum nudum | Blechnum patersonii |\n> | Blechnum wattsii | Bursaria spinosa | Callicoma serratifolia |\n> | Calochlaena dubia | Carex appressa | Cassytha pubescens |\n> | Centella aisatica | Cephalaralia cephalobotrys | Ceratopetalum apetalum |\n> | Cissus antarctica | Cissus hypoglauca | Clematis aristata |\n> | Coprosma quadrifida | Cyathea australis | Cyathea leichhardtiana |\n> | Cynoglossum latifolium | Dendrobium teretifolium | Dicksonia antarctica |\n> | Doodia aspera | Doryphora sassafras | Dracophyllum secundum |\n> | Elaeocarpus holopetalus | Elaeocarpus reticulatus | Eucalyptus oreades |\n> | Eucalyptus piperita | Eucalyptus radiata subsp. radiata | Fieldia australis |\n> | Geitonoplesium cymosum | Geranium homeanum | Gleichenia microphylla |\n> | Grammitis billardieri | Hakea salicifolia | Hedycarya angustifolia |\n> | Hydrocotyle peduncularis | Hymenanthera dentata | Hymenophyllum cupressiforme |\n> | Juncus planifolius | Lastreopsis acuminata | Leptopteris fraseri |\n> | Leptospermum polygalifolium | Libertia pulchella | Lomandra montana |\n> | Lomatia myricoides | Microsorum diversifolium | Microsorum scandens |\n> | Morinda jasminoides | Notelaea longifolia | Notelaea venosa |\n> | Pandorea pandorana | Parsonsia brownii | Parsonsia leichhardtii |\n> | Parsonsia straminea | Passiflora cinnabarina | Pellaea falcata |\n> | Pittosporum revolutum | Pittosporum undulatum | Polystichum proliferum |\n> | Pyrrosia rupestris | Quintinia sieberi | Rubus hillii |\n> | Rubus rosifolius | Smilax australis | Smilax glyciphylla |\n> | Stellaria flacida | Stenocarpus salignus | Sticherus flabellatus |\n> | Sticherus lobatus | Syncarpia glomulifera | Tasmannia insipida |\n> | Todea barbara | Tristania neriifolia | Tristaniopsis collina |\n> | Tristaniopsis laurina | Tylophora barbata | Urtica incisa |\n> | Viola hederacea |  |  |","sortOrder":532},{"sectionNumber":"1B","sectionType":"section","heading":"Backhousia myrtifolia-Ceratopetalum apetalum Rainforest","content":"#### 1B Backhousia myrtifolia-Ceratopetalum apetalum Rainforest\n\n(1B) Backhousia myrtifolia-Ceratopetalum apetalum Rainforest\n\n> *Backhousia myrtifolia-Ceratopetalum apetalum* (Myrtle-Coachwood) rainforest refers to the community found on sedimentary geology at lower altitudes in the Blue Mountains. It is replaced at middle and upper altitudes by *Ceratopetalum apetalum-Doryphora sassafras* rainforest. The two communities intergrade in the Springwood area. *Backhousia myrtifolia-Ceratopetalum apetalum* rainforest occurs on relatively fertile soils in sheltered, moist sites that are rarely, if ever, burnt.\n> \n> Backhousia myrtifolia (Grey Myrtle) is the dominant or co-dominant tree with Ceratopetalum apetalum (Coachwood) and/or Acmena smithii (Lilly Pilly). Other trees that may be common are Acacia elata (Mountain Cedar Wattle), Callicoma serratifolia (Black Wattle) and Syncarpia glomulifera (Turpentine). Doryphora sassafras (Sassafras) is often present, but not as a dominant. The vegetation structure is usually a closed-forest or low closed-forest. There may be a layer of emergent eucalypts above the dense rainforest canopy in this community. Ferns, vines and epiphytes are usually prominent features of the community.\n> \n> This community is generally characterised by the occurrence of *Backhousia myrtifolia* and *Ceratopetalum apetalum* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia elata | Acmena smithii | Acrotriche divaricata |\n> | Adiantum aethiopicum | Adiantum hispidulum | Allocasuarina littoralis |\n> | Allocasuarina torulosa | Asplenium flabellifolium | Astrotricha latifolia |\n> | Backhousia myrtifolia | Blechnum cartilagineum | Boronia fraseri |\n> | Callicoma serratifolia | Calochlaena dubia | Ceratopetalum apetalum |\n> | Cissus hypoglauca | Cyathea australis | Dianella caerulea |\n> | Doodia aspera | Doryphora sassafras | Elaeocarpus reticulatus |\n> | Entolasia stricta | Eucalyptus piperita | Lepidosperma gunnii |\n> | Lepidosperma laterale | Lomandra longifolia | Lomandra montana |\n> | Morinda jasminoides | Notelaea longifolia | Ozothamnus diosmifolius |\n> | Pandorea pandorana | Parsonsia straminea | Persoonia mollis |\n> | Pittosporum revolutum | Pittosporum undulatum | Prostanthera violacea |\n> | Pultenaea flexilis | Pyrrosia rupestris | Rapanea variabilis |\n> | Schoenus melanostachys | Smilax australis | Smilax glyciphylla |\n> | Sticherus flabellatus | Syncarpia glomulifera | Tasmannia insipida |\n> | Todea barbara | Tylophora barbata | Zieria smithii |","sortOrder":533},{"sectionNumber":"2A","sectionType":"section","heading":"Moist Basalt Cap Forest (Eucalyptus viminalis-E. blaxlandii-E. radiata)","content":"#### 2A Moist Basalt Cap Forest (Eucalyptus viminalis-E. blaxlandii-E. radiata)\n\n(2A) Moist Basalt Cap Forest (Eucalyptus viminalis-E. blaxlandii-E. radiata)\n\n> The basalt caps of Mt. Wilson, Mt. Tomah, Mt. Bell, Mt. Banks, Mt. Caley and Mt. Hay have weathered to a fertile clay-loam soil. At high altitudes (800–1,000 metres), the summits and slopes of these areas support a tall open forest variously dominated by Eucalyptus viminalis (Ribbon Gum), E. blaxlandii (Brown Stringybark) and E. radiata**subsp.**radiata (Narrow-leaved Peppermint). Other canopy species that may be encountered include E. cypellocarpa (Monkey Gum), E. oreades (Blue Mountain Ash) and E. fastigata (Brown Barrel).\n> \n> The understorey of Moist Basalt Cap Forest generally has scattered shrubs including Acacia melanoxylon, A. penninervis, Polyscias sambucifolia, Astrotricha floccosa, Davesia ulicifolia and Leucopogon lanceolatus with occasional tree ferns, Cyathea australis. The ground cover includes numerous herbs and ferns.\n> \n> The Moist Basalt Cap Forest community is generally characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia elata | Acacia falciformis | Acacia melanoxylon |\n> | Acacia obtusifolia | Acacia penninervis | Acaena novae-zelandiae |\n> | Ajuga australis | Angophora costata | Angophora floribunda |\n> | Astrotricha floccosa | Astrotricha latifolia | Blechnum cartilagineum |\n> | Blechnum nudum | Bursaria longisepala | Centella asiatica |\n> | Clematis aristata | Cyathea australis | Davesia ulicifolia |\n> | Dianella caerulea | Dianella longifolia | Doodia aspera |\n> | Echinopogon ovatus | Entolasia stricta | Eucalyptus blaxlandii |\n> | Eucalyptus cypellocarpa | Eucalyptus fastigata | Eucalyptus oreades |\n> | Eucalyptus radiata subsp. radiata | Eucalyptus viminalis | Eustrephus latifolius |\n> | Geitonoplesium cymosum | Geranium homeanum | Geranium potentilloides |\n> | Glycine tabacina | Gonocarpus teucrioides | Hymenanthera dentata |\n> | Indigofera australis | Leucopogon lanceolatus | Lomandra longifolia |\n> | Microlaena stipoides | Polyscias sambucifolia | Pteridium esculentum |\n> | Pultenaea flexilis | Rapanea howittiana | Smilax australis |\n> | Stellaria flaccida | Stellaria pungens | Tylophora barbata |\n> | Veronica plebeia | Viola betonicifolia | Viola hederacea |","sortOrder":535},{"sectionNumber":"2B","sectionType":"section","heading":"Blue Mountains Shale Cap Forest (Eucalyptus deanei-E. punctata- Syncarpia glomulifera)","content":"#### 2B Blue Mountains Shale Cap Forest (Eucalyptus deanei-E. punctata- Syncarpia glomulifera)\n\n(2B) Blue Mountains Shale Cap Forest (Eucalyptus deanei-E. punctata- Syncarpia glomulifera)\n\n> This community includes the Blue Mountains Shale Cap Forest (BMSCF) that is listed as an endangered ecological community in Part 3 of Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> *Eucalyptus deanei-E. punctata-Syncarpia glomulifera* open to tall open-forest incorporates the vegetation communities found on deep, shale-rich soils on ridges and upper slopes. Within the City, such vegetation occurs only in the lower altitudes whereas it extends to the higher altitudes in the adjoining Hawkesbury City.\n> \n> Within the City, this community is characterised by Eucalyptus deanei (Mountain Blue Gum), which is dominant or co-dominant with E. punctata (Grey Gum) and Syncarpia glomulifera (Turpentine). The form of Blue Mountains Shale Cap Forest that occurs within the City is distinguished from the closely related Sydney Turpentine Ironbark Forest (STIF) by the presence of Eucalyptus notabilis (Mountain Mahogany). Other tree species that may be present include Angophora costata (Sydney Red Gum), A. floribunda (Rough-barked Apple), E. piperita (Sydney Peppermint) and E. punctata (Grey Gum). *E. piperita* is associated with the edge of this community and a relatively low influence from the shale. The typical vegetation structure is tall open-forest, although this may vary depending on site conditions and history. It is generally a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.\n> \n> This community is generally characterised in the Blue Mountains by the occurrence of *Eucalyptus deanei*, *E. punctata* and *Syncarpia glomulifera* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia elata | Acacia longifolia | Acacia parramattensis |\n> | Acianthus exsertus | Adiantum aethiopicum | Allocasuarina littoralis |\n> | Allocasuarina torulosa | Angophora costata | Angophora floribunda |\n> | Astrotricha latifolia | Backhousia myrtifolia | Blechnum cartilagineum |\n> | Blechnum nudum | Bracteantha bracteata | Breynia oblongifolia |\n> | Callicoma serratifolia | Calochlaena dubia | Cassytha pubescens |\n> | Ceratopetalum gummiferum | Cissus antarctica | Clematis aristata |\n> | Dianella caerulea | Dichelachne rara | Dichondra repens |\n> | Dodonaea triquetra | Doodia aspera | Echinopogon ovatus |\n> | Entolasia marginata | Entolasia stricta | Eucalyptus cypellocarpa |\n> | Eucalyptus deanei | Eucalyptus globoidea | Eucalyptus notabilis |\n> | Eucalyptus paniculata | Eucalyptus piperita | Eucalyptus punctata |\n> | Eustrephus latifolius | Geitonoplesium cymosum | Geranium solanderi |\n> | Glycine clandestina | Hakea dactyloides | Hardenbergia violacea |\n> | Hibbertia diffusa | Imperata cylindrica | Indigofera australis |\n> | Kennedia rubicunda | Lepidosperma laterale | Leucopogon lanceolatus |\n> | Lomandra longifolia | Lomatia silaifolia | Microlaena stipoides |\n> | Oplismenus aemulus | Oplismenus imbecillis | Ozothamnus diosmifolius |\n> | Pandorea pandorana | Persoonia linearis | Phyllanthus hirtellus |\n> | Pittosporum revolutum | Pittosporum undulatum | Platysace lanceolata |\n> | Polyscias sambucifolia | Pratia purpurascens | Pseuderanthemum variabile |\n> | Pteridium esculentum | Pultenaea flexilis | Rubus parvifolius |\n> | Schoenus melanostachys | Smilax australis | Smilax glyciphylla |\n> | Stypandra glauca | Syncarpia glomulifera | Telopea speciosissima |\n> | Themeda australis | Tristaniopsis collina | Tylophora barbata |","sortOrder":536},{"sectionNumber":"2C","sectionType":"section","heading":"Sydney Turpentine-Ironbark Forest (Syncarpia glomulifera-Eucalyptus fibrosa-Eucalyptus crebra)","content":"#### 2C Sydney Turpentine-Ironbark Forest (Syncarpia glomulifera-Eucalyptus fibrosa-Eucalyptus crebra)\n\n(2C) Sydney Turpentine-Ironbark Forest (Syncarpia glomulifera-Eucalyptus fibrosa-Eucalyptus crebra)\n\n> Sydney Turpentine-Ironbark Forest is listed as an endangered ecological community in Part 3 of Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> Within the Blue Mountains, this community represents a drier and generally lower altitude variant of Blue Mountains Shale Cap Forest. The primary difference is the general absence of *Eucalyptus deanei* and *E. notablis*, and the usual dominance of Syncarpia glomulifera (Turpentine), sometimes along with ironbark species such as E. resinifera (Red Mahogany), E. fibrosa (Broad-leaved Ironbark), E. crebra (Narrow-leaved Ironbark), and E. beyeriana (Beyer’s Ironbark). These ironbarks can be absent or rare due to their extensive logging for fencing purposes. E. punctata (Grey Gum), E. notabilis (Mountain Mahogany), E. paniculata (Grey Ironbark), E. globoidea (White Stringybark), and E. eugenioides (Thin-leaved Stringybark) may also be present.\n> \n> The original distribution of this community and the boundary between it and Blue Mountains Shale Cap Forest is unclear due to extensive clearing and/or modification of these vegetation types. The two communities are closely related and may intergrade extensively. In addition, this community intergrades with Shale/Sandstone Transition Forest (described below).\n> \n> Sydney Turpentine-Ironbark Forest occurs on ridgetop caps of Wianamatta Shale. It may extend onto deeper areas of Hawkesbury Shale within the so-called Mittagong Formation.\n> \n> Sydney Turpentine-Ironbark Forest is characterised in the Blue Mountains by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia decurrens | Acacia falcata | Acacia implexa |\n> | Acacia longifolia | Acacia parramattensis | Allocasuarina torulosa |\n> | Angophora costata | Angophora floribunda | Billardiera scandens |\n> | Bursaria spinosa | Caesia parvifolius | Cheilanthes sieberi |\n> | Corymbia gummifera | Daviesia squarrosa | Dianella caerulea |\n> | Dichelachne rara | Dichondra repens | Echinopogon caespitosus |\n> | Entolasia marginata | Entolasia stricta | Eucalyptus beyeriana |\n> | Eucalyptus crebra | Eucalyptus eugenioides | Eucalyptus fibrosa |\n> | Eucalyptus globoidea | Eucalyptus notabilis | Eucalyptus paniculata |\n> | Eucalyptus punctata | Glycine clandestina | Goodenia hederacea |\n> | Hardenbergia violacea | Lepidosperma laterale | Leucopogon juniperinus |\n> | Lomandra longifolia | Lomandra multiflora | Microlaena stipoides |\n> | Oplismenus aemulus | Ozothamnus diosmifolius | Panicum simile |\n> | Pittosporum undulatum | Pomax umbellata | Poranthera microphylla |\n> | Pratia purpurascens | Pultenaea elliptica | Smilax glyciphylla |\n> | Stipa pubescens | Syncarpia glomulifera | Themeda australis |\n> | Tricoryne simplex | Veronica plebeia | Xanthorrhoea media |","sortOrder":537},{"sectionNumber":"2D","sectionType":"section","heading":"Shale Sandstone Transition Forest (Syncarpia glomulifera-Eucalyptus punctata)","content":"#### 2D Shale Sandstone Transition Forest (Syncarpia glomulifera-Eucalyptus punctata)\n\n(2D) Shale Sandstone Transition Forest (Syncarpia glomulifera-Eucalyptus punctata)\n\n> Shale Sandstone Transition Forest is listed as an endangered ecological community in Part 3 of Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101). Within the City, Shale Sandstone Transition Forest is within the scope of, but not limited by, the definition of Shale Sandstone Transition Forest in the Final Determination of the Scientific Committee to list the ecological community in Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> This community is present primarily on ridgetops but may occur elsewhere on unmapped remnant shale caps or lenses or immediately downslope of shale caps where the soils have been enriched by colluvium. Within the City, it is restricted to the lower altitudes and transitions between or within the Wianamatta and Hawkesbury Group of sediments.\n> \n> Because it represents a transition from shale-based vegetation to that associated with sandstone environments, this community is inherently highly variable and difficult to define. Variations occur depending on the relative influence of the different geologies as well as due to differences in shelter and rainfall. Any vegetation that is associated with a transition from shale to sandstone is considered to be within the scope of this community, irrespective of the structure or floristics unless it can be shown to be part of another vegetation type described in this Schedule.\n> \n> The Shale Sandstone Transition can have considerable affinities to Sydney Turpentine-Ironbark Forest but generally has a greater influence from sandstone-oriented species and less influence from those more affiliated with shale soils. Tree species that can occur in this community within the Blue Mountains include Syncarpia glomulifera (Turpentine), Eucalyptus punctata (Grey Gum), E. resinifera (Red Mahogany), E. notabilis (Mountain Mahogany), E. crebra (Narrow-leaved Ironbark), E. fibrosa (Broad-leaved Ironbark), E. paniculata (Grey Ironbark), E. beyeriana (Beyer’s Ironbark), E. globoidea (White Stringybark), E. sparsifolia (Narrow-leaved Stringybark), E. eugenioides (Thin-leaved Stringybark) and Angophora costata (Sydney Red Gum). The stringybarks, *E. eugenioides* and *E. sparsifolia* are generally diagnostic of the more sandstone-influenced form of this community.\n> \n> The understorey can be highly variable depending on the extent of shale influence and proximity to the Cumberland Plain. Fire history and the effects of other forms of disturbance can also significantly affect both the structure and floristics of the understorey. It can range from grassy and herbaceous to densely scrubby. In areas close to the Cumberland Plain, the understorey may include species more typical of that environment such as *Melaleuca nodosa*, *M. erubescens* and *M. thymifolia*, especially in areas with slightly impeded drainage.\n> \n> Shale Sandstone Transition Forest is characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia brownii | Acacia decurrens | Acacia falcata |\n> | Acacia hispidula | Acacia implexa | Acacia linifolia |\n> | Acacia myrtifolia | Acacia parramattensis | Acacia parvipinnula |\n> | Acacia suaveolens | Acacia terminalis | Acacia trinervata |\n> | Acianthus exsertus | Adiantum aethiopicum | Allocasuarina littoralis |\n> | Allocasuarina torulosa | Alphitonia excelsa | Angophora bakeri |\n> | Angophora costata | Angophora floribunda | Aristida vagans |\n> | Arthropodium milleflorum | Arthropodium minus | Astrotricha latifolia |\n> | Baeckia ramosissima | Banksia serrata | Banksia spinulosa |\n> | Billardiera scandens | Bossiaea obcordata | Bossiaea prostrata |\n> | Bracteata bracteantha | Breynia oblongifolia | Bursaria spinosa |\n> | Calotis cuneifolia | Carex inversa | Cassytha glabella |\n> | Cassytha pubescens | Cheilanthes sieberi | Chenopodium carinatum |\n> | Corymbia eximia | Corymbia gummifera | Cryptandra amara |\n> | Cyathochaeta diandra | Cymbopogon refractus | Danthonia tenuior |\n> | Daviesia mimisoides | Daviesia squarrosa | Daviesia ulicifolia |\n> | Desmodium varians | Dianella caerulea | Dianella prunina |\n> | Dianella revolute | Dichondra repens | Dillwynia retorta |\n> | Dodonaea triquetra | Doodia aspera | Echinopogon caespitosus |\n> | Echinopogon ovatus | Einadia hastata | Entolasia marginata |\n> | Entolasia stricta | Eragrostis brownii | Eremophila debilis |\n> | Eucalyptus agglomerata | Eucalyptus beyeriana | Eucalyptus crebra |\n> | Eucalyptus deanei | Eucalyptus eugenioides | Eucalyptus fibrosa |\n> | Eucalyptus globoidea | Eucalyptus notabilis | Eucalyptus oblonga |\n> | Eucalyptus paniculata | Eucalyptus punctata | Eucalyptus resinifera |\n> | Eucalyptus sclerophylla | Eucalyptus sparsifolia | Eucalyptus squamosa |\n> | Euchiton sphaericus | Eustrephus latifolius | Exocarpos cupressiformis |\n> | Exocarpos strictus | Gahnia clarkei | Gahnia radula |\n> | Gallium binifolium | Gallium propinquum | Gastrodia sesamoides |\n> | Geranium homeanum | Glochidion ferdinandi | Glycine clandestina |\n> | Glycine tabacina | Gompholobium grandiflorum | Gompholobium huegelii |\n> | Gonocarpus humilis | Gonocarpus tetragynus | Gonocarpus teucrioides |\n> | Goodenia bellidifolia | Goodenia hederacea | Goodenia heterophylla |\n> | Grevillea longifolia | Grevillea mucronulata | Grevillea sericea |\n> | Hakea dactyloides | Hakea salicifolia | Hakea sericea |\n> | Hardenbergia violacea | Hibbertia aspera | Hibbertia diffusa |\n> | Hydrocotyle peduncularis | Hypericum gramineum | Hypolepis muelleri |\n> | Imperata cylindrica | Indigofera australis | Kennedia rubicunda |\n> | Kunzea ambigua | Lambertia formosa | Lasiopetalum parviflorum |\n> | Laxmannia gracilis | Lepidosperma laterale | Leptospermum polygalifolium |\n> | Leptospermum trinervium | Leucopogon juniperinus | Leucopogon lanceolatus |\n> | Leucopogon microphyllus | Leucopogon muticus | Lindsaea microphylla |\n> | Logania pusilla | Lomandra cylindrica | Lomandra filiformis |\n> | Lomandra longifolia | Lomandra multiflora | Lomatia ilicifolia |\n> | Lomatia silaifolia | Melaleuca thymifolia | Mentha satureioides |\n> | Microlaeana stipoides | Mirbelia rubiifolia | Mitrasacme polymorpha |\n> | Morinda jasminoides | Notelaea longifolia | Olax stricta |\n> | Olearia microphylla | Opercularia varia | Oplismenus aemulus |\n> | Oplismenus imbecillis | Oxylobium ilicifolium | Oxylobium scandens |\n> | Ozothamnus diosmifolius | Pandorea pandorana | Panicum simile |\n> | Patersonia glabrata | Patersonia longifolia | Patersonia sericea |\n> | Persoonia lanceolata | Persoonia laurina | Persoonia levis |\n> | Persoonia linearis | Persoonia mollis | Persoonia myrtilloides |\n> | Persoonia pinifolia | Petersonia fragilis | Petrophile pedunculata |\n> | Petrophile pulchella | Phyllanthus gasstroemii | Phyllanthus hirtellus |\n> | Phyllota phylicoides | Pimelea linifolia | Pittosporum revolutum |\n> | Plantago varia | Platylobium formosum | Poa cheelii |\n> | Poa labillardieri | Poa sieberiana | Polyscias sambucifolia |\n> | Pomaderris ferrugieia | Pomaderris intermedia | Pomax umbellata |\n> | Poranthera ericifolia | Poranthera microphylla | Pratia purpurascens |\n> | Prostanthera linearis | Pseuderanthemum variabile | Pteridium esculentum |\n> | Ptilothrix deusta | Pultenaea ferruginea | Pultenaea flexilis |\n> | Pultenaea retusa | Pultenaea scabra | Pultenaea villosa |\n> | Rubus parvifolius | Siegesbeckia orientalis | Solanum prinophyllum |\n> | Sporobolus creber | Stackhousia monogyna | Stackhousia muricata |\n> | Stackhousia viminea | Stellaria flaccida | Stipa pubescens |\n> | Stipa rudis | Styphelia laeta | Syncarpia glomulifera |\n> | Tephrosia brachyodon | Themeda australis | Thelymitra pauciflora |\n> | Thysanotib tuberosus | Tylophora barbata | Vernonia cinerea |\n> | Veronica plebeia | Wahlenbergia gracilis | Xylomelum pyriforme |","sortOrder":538},{"sectionNumber":"2E","sectionType":"section","heading":"Eucalyptus deanei-E. piperita Tall Open-forest","content":"#### 2E Eucalyptus deanei-E. piperita Tall Open-forest\n\n(2E) Eucalyptus deanei-E. piperita Tall Open-forest\n\n> *Eucalyptus deanei-E. piperita* tall open-forest refers to a vegetation community of mixed tree species composition, including Eucalyptus piperita (Sydney Peppermint), E. deanei (Mountain Blue Gum), Syncarpia glomulifera (Turpentine), Angophora costata (Sydney Red Gum), A. floribunda (Rough-barked Apple), Eucalyptus punctata (Grey Gum) and E. crebra (Narrow-leaved Ironbark). Not all of these species occur in every stand, except for E. deanei, whose presence is characteristic of the community.\n> \n> The community is found in moist, sheltered sites on the talus slopes below the sandstone escarpments of the Jamison, Kedumba and Grose Valleys. It is replaced further west in the Megalong and Kanimbla Valleys by *Eucalyptus cypellocarpa-E. piperita* tall open-forest. The community also occurs in some moist, sheltered sites away from the escarpments. The typical vegetation structure is tall open-forest, although this may vary depending on site conditions and history. It is a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.\n> \n> *Eucalyptus deanei-E. piperita* tall open-forest differs from *Eucalyptus deanei-Syncarpia glomulifera* tall open-forest in that it occurs on different geology (Illawarra Coal Measures, Shoalhaven Group and Narrabeen Group) and *E. deanei* is less prominent.\n> \n> This community is generally characterised by the occurrence of *Eucalyptus piperita* and *E. deanei* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia elata | Acacia falciformis | Acacia longifolia |\n> | Adiantum aethiopicum | Allocasuarina torulosa | Angophora costata |\n> | Angophora floribunda | Arthropodium minus | Astrotricha latifolia |\n> | Banksia spinulosa | Blechnum cartilagineum | Callicoma serratifolia |\n> | Calochlaena dubia | Carex longebrachiata | Cassytha pubescens |\n> | Ceratopetalum apetalum | Clematis aristata | Cyathea australis |\n> | Desmodium varians | Dianella caerulea | Dichelachne rara |\n> | Dichondra repens | Doodia aspera | Elaeocarpus reticulatus |\n> | Entolasia stricta | Eucalyptus crebra | Eucalyptus deanei |\n> | Eucalyptus piperita | Eucalyptus punctata | Eustrephus latifolius |\n> | Exocarpos cupressiformis | Gahnia sieberiana | Galium propinquum |\n> | Geitonoplesium cymosum | Gleichenia microphylla | Glycine clandestina |\n> | Hakea dactyloides | Hakea salicifolia | Hibbertia scandens |\n> | Hydrocotyle peduncularis | Indigofera australis | Leptospermum polygalifolium |\n> | Leucopogon lanceolatus | Lomandra longifolia | Lomandra montana |\n> | Melaleuca styphelioides | Oplismenus aemulus | Pandorea pandorana |\n> | Platylobium formosum | Platysace lanceolata | Plectranthus parviflorus |\n> | Pratia purpurascens | Pteridium esculentum | Rubus parvifolius |\n> | Smilax australis | Sticherus lobatus | Syncarpia glomulifera |\n> | Todea barbara | Tristaniopsis collina | Tylophora barbata |","sortOrder":539},{"sectionNumber":"2F","sectionType":"section","heading":"Eucalyptus cypellocarpa-E. piperita Tall Open-forest","content":"#### 2F Eucalyptus cypellocarpa-E. piperita Tall Open-forest\n\n(2F) Eucalyptus cypellocarpa-E. piperita Tall Open-forest\n\n> *Eucalyptus cypellocarpa-E. piperita* tall open-forest is characterised by the presence of Eucalyptus cypellocarpa (Monkey Gum), occurring in association with one or more of E. piperita (Sydney Peppermint), E. oreades (Blue Mountain Ash) and E. radiata**subsp.**radiata (Narrow-leaved Peppermint).\n> \n> The community is found in moist, sheltered sites on the talus slopes below the sandstone escarpments of the western Blue Mountains (Megalong and Kanimbla Valleys). The community also occurs in some moist, sheltered sites away from the escarpments, and may occur as far east as Woodford. The typical vegetation structure is tall open-forest, although this may vary depending on site conditions and history. It is a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.\n> \n> This community is generally characterised by the occurrence of *Eucalyptus cypellocarpa* and *E. piperita* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia elata | Acacia longifolia | Banksia cunninghamii |\n> | Banksia spinulosa | Blechnum cartilagineum | Callicoma serratifolia |\n> | Callistemon citrinus | Calochlaena dubia | Cassytha pubescens |\n> | Chionochloa pallida | Comesperma ericinum | Cyathea australis |\n> | Dianella caerulea | Empodisma minus | Entolasia marginata |\n> | Entolasia stricta | Epacris pulchella | Eucalyptus cypellocarpa |\n> | Eucalyptus mannifera subsp. gullickii | Eucalyptus oreades | Eucalyptus piperita |\n> | Eucalyptus radiata subsp. radiata | Gahnia sieberiana | Gleichenia microphylla |\n> | Gonocarpus teucrioides | Hakea dactyloides | Hydrocotyle peduncularis |\n> | Leptospermum grandifolium | Leptospermum polygalifolium | Leucopogon lanceolatus |\n> | Lomandra longifolia | Lomatia silaifolia | Microlaena stipoides |\n> | Monotoca scoparia | Persoonia mollis | Persoonia myrtilloides |\n> | Petrophile pulchella | Platysace lanceolata | Polyscias sambucifolia |\n> | Pteridium esculentum | Pultenaea flexilis | Pultenaea scabra |\n> | Todea barbara | Tristaniopsis collina |  |","sortOrder":540},{"sectionNumber":"2G","sectionType":"section","heading":"Eucalyptus oreades Open-forest/Tall Open-forest","content":"#### 2G Eucalyptus oreades Open-forest/Tall Open-forest\n\n(2G) Eucalyptus oreades Open-forest/Tall Open-forest\n\n> *Eucalyptus oreades* open forest/tall open-forest refers to those vegetation communities dominated by E. oreades (Blue Mountain Ash). A range of other Eucalypts may also occur, most commonly, E. piperita (Sydney Peppermint), E. cypellocarpa (Monkey Gum) and E. radiata**subsp.**radiata (Narrow-leaved Peppermint).\n> \n> The characteristic vegetation structure is tall open-forest, however this can vary depending on site conditions and history. In some places the understorey is shrubby, while in moister sites a ferny understorey can be present. Although typically found in gullies or on sheltered slopes in the upper mountains (Bell to Wentworth Falls), this community also occurs in relatively exposed sites eg ridgetops, where suitable depth of shale provides more fertile conditions and better soil moisture.\n> \n> *E. oreades* is extremely fire-sensitive, with individual trees readily killed in a major bush fire. Although the capacity of *E. oreades* to regenerate from seed after fire is indicated by even-aged stands of trees often found in this community, the species will be adversely affected or eliminated entirely by an inappropriate fire regime of frequent burning.\n> \n> This community is relatively rare outside of the National Park estate and has apparently suffered significant loss to urbanisation and associated infrastructure, as well as being degraded by weed invasion, changed fire regimes, and stormwater run-off.\n> \n> *Eucalyptus oreades* open-forest/tall open-forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia brownii | Acacia obtusifolia | Acacia terminalis |\n> | Amperea xiphoclada | Arrhenechthites mixta | Austrodanthonia longifolia |\n> | Banksia spinulosa | Billardiera scandens | Bossiaea heterophylla |\n> | Cassytha glabella | Conospermum tenuifolium | Dampiera stricta |\n> | Daviesia ulicifolia | Dianella caerulea | Dianella longifolia |\n> | Dianella prunina | Eucalyptus oreades | Eucalyptus piperita |\n> | Eucalyptus radiata subsp. radiata | Eucalyptus sieberi | Goodenia bellidifolia |\n> | Hakea laevipes | Hibbertia aspera | Hibbertia rufa |\n> | Hovea linearis | Leptomeria acida | Leptospermum polygalifolium |\n> | Lindsaea microphylla | Lomandra gracilis | Lomandra longifolia |\n> | Lomandra obliqua | Lomatia silaifolia | Mitrasacme polymorpha |\n> | Monotoca scoparia | Olearia erubescens | Patersonia sericea |\n> | Persoonia chamaepitys | Persoonia laurina | Persoonia levis |\n> | Persoonia myrtilloides | Phyllota squarrosa | Platylobium formosum |\n> | Platysace linifolia | Poa sieberiana | Poranthera corymbosa |\n> | Pteridium esculentum | Stackhousia viminea | Symphionema montanum |\n> | Telopea speciosissima | Xanthorrhoea media |  |","sortOrder":541},{"sectionNumber":"2H","sectionType":"section","heading":"Eucalyptus dalrympleana-E. piperita Tall Open-forest","content":"#### 2H Eucalyptus dalrympleana-E. piperita Tall Open-forest\n\n(2H) Eucalyptus dalrympleana-E. piperita Tall Open-forest\n\n> *Eucalyptus dalrympleana-E. piperita* tall open-forest is characterised by the presence of Eucalyptus dalrympleana (Mountain Gum), occurring in association with E. piperita (Sydney Peppermint) and E. radiata**subsp.**radiata (Narrow-leaved Peppermint). In the City, this community appears to be restricted to one small stand at the upper end of Popes Glen Creek, Blackheath, where it occurs on a sheltered, south-facing slope of Narrabeen Group geology. The vegetation structure is variable within this disturbed stand, from tall open-forest to open-forest and woodland. It is a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.\n> \n> *Eucalyptus dalrympleana-E. piperita* tall open-forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species composition of the community at Blackheath.\n> \n> | Acacia longifolia | Acacia melanoxylon | Arrhenechthites mixta |\n> | Baumea rubiginosa | Billardiera scandens | Blechnum nudum |\n> | Chionochloa pallida | Cyathea australis | Daviesia ulicifolia |\n> | Deyeuxia parviseta | Dianella prunina | Dianella tasmanica |\n> | Empodisma minus | Epacris pulchella | Eucalyptus dalrympleana |\n> | Eucalyptus piperita | Eucalyptus radiata subsp. radiata | Gahnia sieberiana |\n> | Gleichenia dicarpa | Gonocarpus teucrioides | Hakea dactyloides |\n> | Helichrysum scorpioides | Leptospermum polygalifolium | Lepyrodia scariosa |\n> | Leucopogon lanceolatus | Lomandra longifolia | Lomatia silaifolia |\n> | Lycopodium deuterodensum | Microlaena stipoides | Olearia erubescens |\n> | Persoonia myrtilloides | Poa sieberiana | Polyscias sambucifolia |\n> | Pteridium esculentum | Pultenaea scabra |  |","sortOrder":542},{"sectionNumber":"2I","sectionType":"section","heading":"Sun Valley Cabbage Gum Forest (Eucalyptus amplifolia)","content":"#### 2I Sun Valley Cabbage Gum Forest (Eucalyptus amplifolia)\n\n(2I) Sun Valley Cabbage Gum Forest (Eucalyptus amplifolia)\n\n> The Sun Valley Cabbage Gum Forest is listed as an endangered ecological community in Part 3 of Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> This community is dominated by Eucalyptus amplifolia (Cabbage Gum) that occurs on the diatreme at Sun Valley. An associated tree species is E. eugenioides (Thin-leaved Stringybark). Although there is still good tree cover in the area (remnant trees and regeneration), the understorey of this community has been grossly altered through clearing and grazing. Remaining native understorey species include Acacia parramattensis, Imperata cylindrica, Lomandra longifolia and Pteridium esculentum, but the original composition of the understorey is difficult to assess. Attempts to restore this community at Sun Valley are certainly warranted.\n> \n> Sun Valley Cabbage Gum Forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species composition of the community at Sun Valley.\n> \n> | Acacia parramattensis | Adiantum aethiopicum | Agrostis sp. |\n> | Aristida sp. | Arthropodium sp. | Blechnum nudum |\n> | Bursaria spinosa | Centella asiatica | Cheilanthes sieberi |\n> | Daucus glauchidiatus | Daviesia ulicifolia | Dianella aff. caerulea |\n> | Dianella caerulea | Dichondra repens | Dillwynia sp. |\n> | Doodia aspera | Echinopogon caespitosus | Entolasia marginata |\n> | Entolasia stricta | Eucalyptus amplifolia | Eucalyptus eugenioides |\n> | Gallium gaudichaudi | Geranium homeanium | Geranium solanderi |\n> | Glycine tabacina | Hakea salicifolia | Hardenbergia violacea |\n> | Hematharia unsinata | Hibbertia diffusa | Hibbertia fasciculata |\n> | Hibbertia linearis | Hypericum gramineum | Indigofera australis |\n> | Juncus usitatus | Kunzia ambigua | Lindsaea linearis |\n> | Lomandra longifolia | Microlaena stipoides | Persoonia linearis |\n> | Persoonia oblongata | Pittosporum undulatum | Poa sp. |\n> | Poranthera microphylla | Pratia purpurascens | Pteridium esculentum |\n> | Ranunculus lappacaeus | Themeda australis | Veronica plebeia |","sortOrder":543},{"sectionNumber":"2J","sectionType":"section","heading":"Montane Gully Forest (Eucalyptus fastigata-E. cypellocarpa-E. dalrympleana)","content":"#### 2J Montane Gully Forest (Eucalyptus fastigata-E. cypellocarpa-E. dalrympleana)\n\n(2J) Montane Gully Forest (Eucalyptus fastigata-E. cypellocarpa-E. dalrympleana)\n\n> This community is associated with moderate to steep slopes and narrow gorges on the Narrabeen Group and Illawarra Coal Measures below the escarpments around Mount York and north to Bell. There is substantial intergradation with vegetation typical of the sandstone plateau close to the escarpments and with the *Eucalyptus cypellocarpa/E. piperita* tall open-forest communities between Blackheath and Mount Victoria. The boundary of this community approximates the lower distribution of *E. fastigata*, *E. dalrympleana* and *E. blaxlandii*, and the upper distributional limits of *Angophora costata* and *Syncarpia glomulifera*.\n> \n> Tree species include Eucalyptus fastigata (Brown Barrel), E. cypellocarpa (Monkey Gum), E. dalrympleana (Mountain Gum) with E. oreades (Blue Mountain Ash), E. blaxlandii (Blaxland’s Stringybark), E. radiata**ssp.**radiata (Narrow-leaved Peppermint) and E. sieberi (Silvertop Ash). The understorey is moderately shrubby with Acacia falciformis, A. terminalis, A. buxifolia, Oxylobium ilicifolium and Leptospermum flavescens occurring, together with grasses and ferns such as Culcita dubia. Acacia dealbata was more common here than in any other parts of the study area. It appears that *E. fastigata* occurs primarily in the more sheltered sites with *E. dalrympleana* relatively common on the lower slopes where this unit blends into remnants of the vegetation found on the edge of the agricultural land around Little Hartley.\n> \n> Montane Gully Forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species most characteristic of this composition.\n> \n> | Acacia buxifolia | Acacia dealbata | Acacia falciformis |\n> | Acacia melanoxylon | Acacia terminalis | Acaena novae-zelandiae |\n> | Adiantum aethiopicum | Anisopogon avenaceus | Arhrenechthites mixta |\n> | Asperula conferta | Blechnum cartilagineum | Centella asiatica |\n> | Clematis aristata | Culcita dubia | Cymbonotus lawsonianus |\n> | Dianella caerulea | Echinopogon ovatus | Eucalyptus blaxlandii |\n> | Eucalyptus cypellocarpa | Eucalyptus dalrympleana | Eucalyptus fastigata |\n> | Eucalyptus oreades | Eucalyptus radiata subsp. radiata | Eucalyptus sieberi |\n> | Geranium sp. | Glycine clandestina | Gonocarpus tetragynus |\n> | Gonocarpus teucrioides | Helichrysum rutidolepis | Leptospermum flavescens |\n> | Leucopogon lanceolatus | Lomandra longifolia | Persoonia linearis |\n> | Polyscias sambucifolia | Pratia purpurascens | Pteridium esculentum |\n> | Pyrrosia rupestris | Rubus parvifolius | Syncarpia glomulifera |\n> | Veronica calycina | Viola betonicifolia |  |","sortOrder":544},{"sectionNumber":"2K","sectionType":"section","heading":"Blue Gum Riverflat Forest (Eucalyptus deanei)","content":"#### 2K Blue Gum Riverflat Forest (Eucalyptus deanei)\n\n(2K) Blue Gum Riverflat Forest (Eucalyptus deanei)\n\n> The Blue Gum Riverflat Forest in the Blue Mountains is included within the Sydney Coastal Riverflat Forest listed as an endangered ecological community in Part 3 of Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> This community is restricted to terraces of deep alluvium along larger watercourses of the lower Blue Mountains. Eucalyptus deanei (Mountain Blue Gum) is dominant and maybe almost monospecific, with occasional *Angophora floribunda* (Rough-barked Apple) and a small tree layer which may contain large bipinnate wattles and infrequent *Allocasuarina torulosa* (She-oak). The understorey is open and often dominated by grasses and/or ferns with scattered mesic shrubs becoming denser in the immediate vicinity of the watercourse.\n> \n> This community superficially resembles Blue Mountains Shale Cap Forest but the two occur in different positions in the landscape.\n> \n> This community is generally characterised by the almost monospecific occurrence of *E. deanei* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia implexa | Acacia parramattensis | Adiantum aethiopicum |\n> | Allocasuarina torulosa | Angophora floribunda | Backhousia myrtifolia |\n> | Blechnum nudum | Breynia oblongifolia | Callicoma serratifolia |\n> | Calochlaena dubia | Centella asiatica | Cynodon dactylon |\n> | Dichondra repens | Entolasia stricta | Eucalyptus deanei |\n> | Geitonoplesium cymosum | Glycine tabacine | Imperata cylindrica |\n> | Kunzea ambigua | Lomandra longifolia | Melaleuca linariifolia |\n> | Melia azedarach | Oplismenus sp. | Plectranthus parvifolia |\n> | Pratia purpurascens | Pseuderanthemum variabile | Pteridium esculentum |\n> | Rubus parvifolius | Sigesbeckia orientalis | Stellaria flaccida |\n> | Sticherus flabellatus | Trema aspera | Tylophora barbata |\n> | Veronica plebeia |  |  |","sortOrder":545},{"sectionNumber":"2L","sectionType":"section","heading":"Casuarina cunninghamiana ‘River Oak Forest’","content":"#### 2L Casuarina cunninghamiana ‘River Oak Forest’\n\n(2L) Casuarina cunninghamiana ‘River Oak Forest’\n\n> The *Casuarina cunninghamiana* River Oak Forest in the Blue Mountains is included within the Sydney Coastal Riverflat Forest listed as an endangered ecological community in Part 3 of Schedule 1 to the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> Narrow bands of River Oak Forest occur on the alluvial banks of the Coxs River. This community also occurs in small, unmapped occurrences along the Hawkesbury-Nepean River. The dominant canopy species is Casuarina cunninghamiana**subsp.**cunninghamiana (River Oak) with occasional subdominants being Angophora floribunda (Rough-barked Apple), Eucalyptus viminalis (Ribbon Gum) and E. tereticornis (Forest Red Gum), and rarely Angophora subvelutina (Broad-leaved Apple). Backhousia myrtifolia (Myrtle) can also occur on the sheltered fringes of this community. Along the larger tributaries to the east of the Coxs River, the understorey is often dominated by Leptospermum species. In these situations, Lomandra longifolia and several sedges can dominate the ground layer.\n> \n> The understorey is generally sparse because of the mobile nature of the substrate (mobile gravels, sands and large areas of bare granite). The surrounding lands have often been cleared for agriculture and these communities are often highly prone to willow and other weed infestation.\n> \n> *Casuarina cunninghamiana* River Oak Forest is characterised by the following assemblage of native plant species. Other species may also occur, but the list is indicative of the species most characteristic of this composition.\n> \n> | Acacia floribunda | Acacia parvipinnula | Agrostis avenaceus |\n> | Alisma plantago-aquatica | Angophora floribunda | Angophora subvelutina |\n> | Backhousia myrtifolia | Blechnum nudum | Breynia oblongifolia |\n> | Bursaria spinosa | Callistemon citrinus | Callistemon paludosus |\n> | Casuarina cunninghamiana subsp.cunninghamiana | Cheilanthes distans | Clematis aristata |\n> | Commelina cyanea | Crassula sieberiana | Cynodon dactylon |\n> | Cyperus sphaeroideus | Eleocharis sphacelata | Entolasia stricta |\n> | Eucalyptus tereticornis | Eucalyptus viminalis | Geranium homeanum |\n> | Gnaphalium involucratum | Hemarthria uncinata | Isolepis inundata |\n> | Isolepis prolifera | Juncus acuminatus | Juncus caespitosus |\n> | Juncus usitatus | Leptospermum juniperinum | Leptospermum morrisonii |\n> | Leptospermum polygalifolium | Lomandra longifolia | Microlaena stipoides |\n> | Persicaria hydropiper | Persicaria praetermissa | Ranunculus inundatus |\n> | Rumex sp. | Tristaniopsis laurina | Wahlenbergia gracilis |","sortOrder":546},{"sectionNumber":"2M","sectionType":"section","heading":"Eucalyptus radiata subsp. radiata-E. piperita Open Forest","content":"#### 2M Eucalyptus radiata subsp. radiata-E. piperita Open Forest\n\n(2M) Eucalyptus radiata subsp. radiata-E. piperita Open Forest\n\n> This community is only known from a small number of easterly-facing slopes in Katoomba and Leura but may occur elsewhere in the higher Blue Mountains. The dominant canopy trees are Eucalyptus radiata**subsp.**radiata (Narrow-leaved Peppermint) and E. piperita (Sydney Peppermint). E. sieberi is also present, particularly where this community grades into the common E. sieberi/E. piperita community which tends to occur upslope. E. mannifera**subsp.**gullickii can occur infrequently, particularly downslope towards adjoining swamp or riparian vegetation.\n> \n> The understorey is a mix of dry and wet sclerophyll species and may contain species associated with Blue Mountains Swamps where these communities adjoin. The following list is indicative of some of the species characteristic of this community.\n> \n> | Acacia terminalis | Banksia cunninghamii | Banksia spinulosa |\n> | Boronia microphylla | Callicoma serratifolia | Chionochloa pallida |\n> | Dianella tasmanica | Entolasia marginata | Eucalyptus mannifera subsp. gullickii |\n> | Eucalyptus oblonga | Eucalyptus piperita | Eucalyptus radiata subsp. radiata |\n> | Eucalyptus sclerophylla | Eucalyptus sieberi | Eucalyptus sparsifolia |\n> | Lepidosperma laterale | Leptospermum trinervum | Persoonia acerosa |\n> | Persoonia chamaepitys | Persoonia myrtilloides | Platylobium formosum |\n> | Polyscias sambucifolia | Pteridium esculentum | Pultenaea glabra |\n> | Stellaria pungens |  |  |","sortOrder":547},{"sectionNumber":"4A","sectionType":"section","heading":"Eucalyptus mannifera subsp. gullickii Alluvial Woodlands","content":"#### 4A Eucalyptus mannifera subsp. gullickii Alluvial Woodlands\n\n(4A) Eucalyptus mannifera subsp. gullickii Alluvial Woodlands\n\n> These woodlands are found on alluvial soils along certain creeks in the upper Blue Mountains, in which *Eucalyptus mannifera* subsp. *gullickii* (Brittle Gum) is the dominant tree species or co-dominant with *E. radiata* subsp. *radiata* (Narrow-leaved Peppermint). The association of the community with creekside alluvium is a critical feature in its definition, since *E. mannifera* subsp. *gullickii* and *E. radiata* subsp. *radiata* may also be common species in other communities in the upper Blue Mountains. The vegetation structure is woodland or open-forest. *E. mannifera* subsp. *gullickii* occurs in some sites as a sparse tree layer (an open-woodland) over swamp vegetation, but such stands are better classified within the Blue Mountains swamp communities rather than as *E. mannifera* alluvial woodland.\n> \n> Two forms of *Eucalyptus mannifera* subsp. *gullickii* alluvial woodland may be distinguished. At higher altitudes (Mount Victoria-Blackheath), *E. mannifera* subsp. *gullickii* is the main tree species and the community is termed *E. mannifera* woodland. At slightly lower altitudes (Katoomba-Leura), *E. mannifera* and *E. radiata* subsp. *radiata* are co-dominant and the community is termed *E. mannifera-E. radiata* woodland.\n> \n> This community is generally characterised by the occurrence of *Eucalyptus mannifera* subsp. *gullickii* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia dealbata | Acacia melanoxylon | Acacia terminalis |\n> | Baeckea linifolia | Banksia cunninghamii | Banksia spinulosa |\n> | Blechnum nudum | Boronia microphylla | Caustis flexuosa |\n> | Chionochloa pallida | Dampiera stricta | Deyeuxia parviseta |\n> | Dillwynia retorta | Empodisma minus | Entolasia stricta |\n> | Epacris spp. | Eucalyptus blaxlandii | Eucalyptus mannifera subsp. gullickii |\n> | Eucalyptus radiata | Gahnia sieberiana | Gleichenia dicarpa |\n> | Gonocarpus teucrioides | Grevillea acanthifolia | Hakea dactyloides |\n> | Helichrysum scorpioides | Hibbertia serpyllifolia | Lepidosperma laterale |\n> | Leptospermum continentale | Leptospermum grandifolium | Leptospermum juniperinum |\n> | Leptospermum polygalifolium | Leptospermum trinervium | Lepyrodia scariosa |\n> | Leucopogon lanceolatus | Lomandra filiformis | Lomandra longifolia |\n> | Microlaena stipoides | Mirbelia platylobioides | Olearia erubescens |\n> | Persoonia myrtilloides | Pimelea linifolia | Poa sieberiana |\n> | Polyscias sambucifolia | Pteridium esculentum | Stipa pubescens |\n> | Stipa rudis | Styphelia tubiflora | Tetrarrhena turfosa |","sortOrder":550},{"sectionNumber":"4B","sectionType":"section","heading":"Eucalyptus sclerophylla Bench Woodland","content":"#### 4B Eucalyptus sclerophylla Bench Woodland\n\n(4B) Eucalyptus sclerophylla Bench Woodland\n\n> *Eucalyptus sclerophylla* Bench Woodlands occur on dry sandy alluvial benches along certain creek systems in the lower Blue Mountains. This community may also occur on higher benches on a mix of alluvial and colluvial soils. Eucalyptus sclerophylla (Hard-leaved Scribbly Gum) is the dominant tree species sometimes co-dominant with Angophora bakeri (Narrow-leaved Apple). The typical vegetation structure is woodland, although this may vary depending on site conditions and history. The association between this community and alluvial or colluvial soils is a critical feature in its definition, since *E. sclerophylla* is also the dominant tree species in another, more common vegetation community, with a different understorey, that occurs on northern and western aspects on sandstone geology in the middle and upper Blue Mountains. The *E. sclerophylla* trees in the latter community tend to be smaller than those in the *E. sclerophylla* Bench Woodland.\n> \n> This community is generally characterised by the occurrence of *Eucalyptus sclerophylla* along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia brownii | Acacia rubida | Acacia ulicifolia |\n> | Angophora bakeri | Aristida benthami | Aristida vagans |\n> | Baeckea virgata | Banksia oblongifolia | Banksia serrata |\n> | Banksia spinulosa | Bossiaea heterophylla | Bossiaea obcordata |\n> | Bossiaea rhombifolia | Cassytha glabella | Cassytha pubescens |\n> | Caustis flexuosa | Conospermum longifolium | Corymbia exima |\n> | Corymbia gummifera | Cyathochaeta diandra | Dampiera stricta |\n> | Daviesia corymbosa | Dillwynia floribunda | Entolasia stricta |\n> | Epacris pulchella | Eriostemon hispidulus | Eucalyptus notabilis |\n> | Eucalyptus piperita | Eucalyptus sclerophylla | Eucalyptus sparsifolia |\n> | Grevillea buxifolia | Grevillea mucronulata | Hakea dactyloides |\n> | Hakea sericea | Hovea linearis | Imperata cylindrica |\n> | Isopogon anemonifolius | Lambertia formosa | Lepidosperma laterale |\n> | Leptospermum arachnoides | Leptospermum parvifolium | Leptospermum polygalifolium |\n> | Leptospermum trinervium | Lepyrodia scariosa | Lomandra brevis |\n> | Lomandra filiformis | Lomandra glauca | Lomandra longifolia |\n> | Lomandra obliqua | Melaleuca linariifolia | Melaleuca thymifolia |\n> | Mirbelia rubiifolia | Monotoca scoparia | Panicum simile |\n> | Persoonia hirsuta | Persoonia laurina | Persoonia oblongata |\n> | Petrophile pulchella | Phyllota phylicoides | Pimelea linifolia |\n> | Platysace linearifolia | Pteridium esculentum | Ptilothrix deusta |\n> | Schoenus villosus | Stipa pubescens | Stylidium graminifolium |\n> | Themeda australis | Xanthorrhoea media |  |","sortOrder":551},{"sectionNumber":"5A","sectionType":"section","heading":"Blue Mountains Heath and Scrub","content":"#### 5A Blue Mountains Heath and Scrub\n\n(5A) Blue Mountains Heath and Scrub\n\n> Blue Mountains Heath and Scrub consists of a well-developed shrub layer, with no tree layer or only a sparse layer of scattered low trees, sometimes with a mallee habit (low, multi-stemmed shrub eucalypts). It occurs primarily in exposed sites with very shallow soils on Narrabeen Group and Hawkesbury Sandstone geology. Typical situations are cliff tops and high, rocky ridges, especially on the westerly aspect and with skeletal soils. The vegetation structure is typically an open-heath, less often a closed-heath, and may be interspersed with patches of open-scrub or closed-scrub formed by stands of mallees or Leptospermum species. It is also typically interspersed with areas of bare rock. It can occur on the fringes of or within so-called hanging swamps and in such situations it can also intergrade with vegetation of the Riparian Complex. There is also considerable intergradation between forms of woodland to open woodland with an Eucalyptus sclerophylla canopy with Blue Mountains Heath and Scrub forming the understorey in such communities.\n> \n> Blue Mountains Heath and Scrub has a mixed and variable species composition. Common shrub species include Allocasuarina distyla, A. nana, Banksia ericifolia, Epacris microphylla, Eucalyptus stricta, Hakea laevipes, Hakea teretifolia, Kunzea capitata, Leptospermum trinervium and Petrophile pulchella. Common herb and sedge species include Actinotus minor, Platysace linifolia, Lepidosperma filiforme, L. viscidum, Lepyrodia scariosa, Ptilothrix deusta and Schoenus villosus.\n> \n> Two forms of Blue Mountains heath have been distinguished (Keith and Benson 1988, Smith and Smith 1995a–e): montane heath above about 850–900 metres elevation and lower Blue Mountains heath below this level. The two forms intergrade between Wentworth Falls and Katoomba. Montane heath is characterised by the presence of high altitude species such as Allocasuarina nana, Darwinia taxifolia and Phyllota squarrosa, while lower Blue Mountains heath is characterised by the presence of low altitude species such as Allocasuarina distyla, Darwinia fascicularis and Phyllota phylicoides. However, most of the more common heath plants occur across the full altitudinal range.\n> \n> It is also possible to distinguish two forms of lower Blue Mountains heath: a Hawkesbury Sandstone form at lower altitudes (chiefly in the Faulconbridge to Woodford area), and a Narrabeen Sandstone form at intermediate altitudes (Hazelbrook to Wentworth Falls). The Hawkesbury Sandstone form is characterised by species such as Acacia oxycedrus, Baeckea brevifolia and Eucalyptus burgessiana that are absent from heath on Narrabeen Sandstone.\n> \n> In the prolonged absence of fires, the heath shrubs grow taller and thicker, transforming the vegetation from an open-heath to a closed-scrub, especially in relatively moist and sheltered sites. These communities may be floristically similar to the closed heaths described above but are structurally unique. Shrubs including Banksia ericifolia, B. serrata, B. spinulosa, Hakea laevipes, H. teretifolia and a range of Leptospermum species may all attain heights of up to 8 metres over a generally grassy, herbaceous understorey. In locally moist areas, the fern Gleichenia dicarpa may become common in the ground stratum.\n> \n> In the Megalong Valley, forms of heath occur which are floristically and geologically distinct from those others within the scope of the Blue Mountains Heath description. The majority of Megalong Valley Heath is associated with the Shoalhaven Group of sediments with a rare exception associated with the Carboniferous Granite. Dominant species of the heath include Leptospermum trinervium, L. polygalifolium, L. juniperinum, Isopogon anemonifolius, Hakea salicifolia, H. sericea and Banksia spinulosa while the locally uncommon shrub, Mirbelia pungens may also be present.\n> \n> Only one example is known of heath occurring on granite within the Megalong Valley, however other examples are likely to occur outside the City, west of the Coxs River. This example is dominated by a relatively low-growing shrubby *Acacia* which was not able to be identified but is apparently related to *Acacia floribunda*.\n> \n> Considered as a whole, Blue Mountains Heath and Scrub is characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of heath, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia baueri | Acacia floribunda | Acacia oxycedrus |\n> | Acacia suaveolens | Actinotus helianthi | Actinotus minor |\n> | Allocasuarina distyla | Allocasuarina nana | Angophora floribunda |\n> | Anisopogon avenaceus | Austrostipa pubescens | Baeckea brevifolia |\n> | Baeckea densifolia | Baeckea ramosissima | Banksia ericifolia |\n> | Banksia serrata | Banksia spinulosa | Bossiaea heterophylla |\n> | Bulbine semibarbata | Bursaria spinosa | Callistemon citrinus |\n> | Calytrix tetragona | Cassytha glabella | Caustis flexuosa |\n> | Cheilanthes sieberi | Chionochloa pallida | Correa reflexa |\n> | Corymbia gummifera | Cyathochaeta diandra | Dampiera purpurea |\n> | Dampiera stricta | Danthonia tenuior | Darwinia fascicularis |\n> | Daviesia corymbosa | Dianella caerulea | Dichelachne rara |\n> | Dillwynia floribunda | Dillwynia retorta | Diuris sulphurea |\n> | Dodonaea boroniifolia | Entolasia stricta | Epacris microphylla |\n> | Epacris obtusifolia | Epacris pulchella | Eriostemon obovalis |\n> | Eucalyptus apiculata | Eucalyptus burgessiana | Eucalyptus dalrympleana |\n> | Eucalyptus gregsoniana | Eucalyptus ligustrina | Eucalyptus mannifera subsp. gullickii |\n> | Eucalyptus moorei | Eucalyptus multicaulis | Eucalyptus sparsifolia |\n> | Eucalyptus rubida | Eucalyptus stricta | Gahnia aspera |\n> | Galium propinquum | Gleichenia dicarpa | Gonocarpus teucrioides |\n> | Goodenia bellidifolia | Goodenia hederacea | Grevillea arenaria |\n> | Hakea dactyloides | Hakea laevipes | Hakea propinqua |\n> | Hakea salicifolia | Hakea sericea | Hakea teretifolia |\n> | Helichrysum scorpioides | Hemigenia purpurea | Hypericum gramineum |\n> | Isopogon anemonifolius | Kunzea capitata | Lambertia formosa |\n> | Leionema lachnaeoides | Lepidosperma filiforme | Lepidosperma urophorum |\n> | Lepidosperma viscidum | Leptocarpus tenax | Leptospermum arachnoides |\n> | Leptospermum continentale | Leptospermum juniperinum | Leptospermum parvifolium |\n> | Leptospermum petraeum | Leptospermum polygalifolium | Leptospermum trinervium |\n> | Lepyrodia scariosa | Leucopogon esquamatus | Leucopogon microphyllus |\n> | Lindsaea linearis | Lomandra glauca | Lomandra longifolia |\n> | Lomandra multiflora | Micromyrtus ciliata | Mirbelia baueri |\n> | Mirbelia pungens | Mirbelia rubiifolia | Mitrasacme polymorpha |\n> | Monotoca ledifolia | Monotoca scoparia | Patersonia sericea |\n> | Petrophile pulchella | Phyllota phylicoides | Phyllota squarrosa |\n> | Platysace lanceolata | Platysace linearifolia | Pseudanthus divaricatissimus |\n> | Ptilothrix deusta | Pultenaea elliptica | Restio fastigiatus |\n> | Schoenus apogon | Schoenus ericetorum | Schoenus imberbis |\n> | Schoenus villosus | Stipa pubescens | Stylidium lineare |\n> | Thelionema caespitosum | Themeda australis | Tricoryne elatior |\n> | Velleia perfoliata | Woollsia pungens |  |","sortOrder":553},{"sectionNumber":"5B","sectionType":"section","heading":"Blue Mountains Swamps","content":"#### 5B Blue Mountains Swamps\n\n(5B) Blue Mountains Swamps\n\n> A range of swamps occurs within the Blue Mountains. Swamp vegetation develops on poorly drained sites where the soil is waterlogged for prolonged periods. Several variants are recognised and are described below.\n> \n> In the Blue Mountains, swamps occur, not only in low-lying sites on valley floors (valley swamps), but also in the headwaters of creeks and on steep hillsides (hanging swamps). Some swamps represent a combination of valley swamp and hanging swamp. The upper boundary of the swamp is often clearly defined by the outcropping of a layer of claystone. Groundwater seeps along the top of the impermeable claystone layer, reaching the surface where the claystone protrudes, thus forming a swamp on the hillside below. Other swamps receive their water supply from feeder streams rather than groundwater, or from a combination of the two.\n> \n> Blue Mountains Swamps vary greatly in their structure and plant species composition, ranging from closed-sedgeland or closed-fernland to open-heath or closed-heath, sometimes open-scrub or closed-scrub. The shrub-dominated swamps are similar in vegetation structure to some of the forms of Blue Mountains Heath/Scrub, but they differ in species composition and ecological function, and are more appropriately classified with the sedge and fern-dominated swamps. However, in many instances the botanical boundary between Blue Mountains Swamp and Blue Mountains Heath/Scrub communities is unclear or can only be defined at a small scale as the two vegetation types can intergrade extensively.\n> \n> Common shrubs in the Blue Mountains Swamps that occur on the sandstone plateaux include Acacia ptychoclada, Baeckea linifolia, Banksia ericifolia, Callistemon citrinus, Epacris obtusifolia, Grevillea acanthifolia, Hakea teretifolia, Leptospermum grandifolium, L. juniperinum and L. polygalifolium. Common sedges include Empodisma minus, Gymnoschoenus sphaerocephalus, Lepidosperma limicola and Xyris ustulata. The main fern species is Gleichenia dicarpa. The swamps of the plateaux include communities described by Keith and Benson (1988) and Benson and Keith (1990) as Blue Mountains Sedge Swamps and Newnes Plateau Shrub Swamps.\n> \n> The Kurrajong Fault Swamps are valley swamps that occur in the lower Blue Mountains on sandy alluvial deposits associated with the Kurrajong Fault. Common shrubs are Acacia rubida, Callicoma serratifolia, Callistemon citrinus, Leptospermum juniperinum and Melaleuca linariifolia. Common species in the understorey are Baumea rubiginosa, Gahnia clarkei, Gleichenia dicarpa and Schoenus melanostachys.\n> \n> The Coxs River Swamps are another variant encompassed by this community. These swamps occur on the clayey organic sediments derived from the Illawarra Coal Measures where creeks drain at the base of the escarpment. They support a simple flora dominated by Leptospermum obovatum, L. juniperinum and Grevillea acanthifolia with a dense ground cover of Carex and Juncus**spp**.\n> \n> The Megalong Valley Swamps occur under much the same circumstances as the Coxs River Swamps but differ considerably in both structure and floristics. The Coxs River Swamps tend to occur as scrub, open scrub and low open scrub to wet heath with a prominent sedge layer, whilst the Megalong Swamps are closed to tall closed scrub dominated by Leptospermum juniperinum and L. polygalifolium with an undescribed shrub Melaleuca**sp. Megalong Valley**, C. citrinus and infrequent emergents of Eucalyptus camphora and Melaleuca linariifolia.\n> \n> Blue Mountains Swamps are characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every swamp, but the list is indicative of the species composition of the vegetation.\n> \n> | Acacia ptychoclada | Acacia rubida | Actinotus minor |\n> | Almaleea incurvata | Baeckea linifolia | Banksia ericifolia |\n> | Banksia oblongifolia | Bauera rubioides | Baumea rubiginosa |\n> | Blandfordia cunninghamii | Blechnum cartilagineum | Blechnum nudum |\n> | Burnettia cuneata | Callicoma serratifolia | Callistemon citrinus |\n> | Carex spp. | Celmisia longifolia | Dampiera stricta |\n> | Dillwynia floribunda | Drosera binata | Drosera spatulata |\n> | Empodisma minus | Epacris microphylla | Epacris obtusifolia |\n> | Epacris paludosa | Eucalyptus camphora | Eucalyptus copulans |\n> | Eucalyptus mannifera subsp. gullickii | Eucalyptus moorei | Gahnia clarkei |\n> | Gahnia sieberiana | Gleichenia dicarpa | Gleichenia microphylla |\n> | Gonocarpus micranthus | Goodenia bellidifolia | Grevillea acanthifolia |\n> | Gymnoschoenus sphaerocephalus | Hakea dactyloides | Hakea teretifolia |\n> | Hibbertia cistiflora | Isopogon anemonifolius | Juncus spp. |\n> | Kunzea capitata | Lepidosperma filiforme | Lepidosperma forsythii |\n> | Lepidosperma limicola | Leptocarpus tenax | Leptospermum continentale |\n> | Leptospermum grandifolium | Leptospermum juniperinum | Leptospermum obovatum |\n> | Leptospermum polygalifolium | Leptospermum squarrosum | Lepyrodia scariosa |\n> | Leucopogon esquamatus | Lindsaea linearis | Melaleuca linariifolia |\n> | Melaleuca sp. Megalong Valley | Mirbelia rubiifolia | Notochloe microdon |\n> | Olearia quercifolia | Patersonia sericea | Petrophile pulchella |\n> | Pimelea linifolia | Ptilothrix deusta | Pultenaea divaricata |\n> | Schoenus brevifolius | Schoenus melanostachys | Schoenus villosus |\n> | Selaginella uliginosa | Sprengelia incarnata | Symphionema montanum |\n> | Tetrarrhena juncea | Tetrarrhena turfosa | Xanthosia dissecta |\n> | Xyris juncea | Xyris ustulata |  |","sortOrder":554},{"sectionNumber":"5C","sectionType":"section","heading":"Pagoda Rock Complex","content":"#### 5C Pagoda Rock Complex\n\n(5C) Pagoda Rock Complex\n\n> Within the City, this community occurs only in the far northwest near Bell. It occurs primarily outside the City on the Newnes Plateau where it is exemplified in Gardens of Stone National Park.\n> \n> Benson and Keith (1990) list three structural divisions within this Complex: open heath of Allocasuarina nana, Leptospermum arachnoides, Lepidosperma viscidum, Platysace lanceolata and Banksia ericifolia; open mallee scrub of Eucalyptus laophila; and woodland of E. sieberi (Silvertop Ash), E. piperita (Sydney Peppermint) and E. oblonga (Sandstone Stringybark). This mosaic of communities intergrades with the higher altitude variant of Blue Mountains Heath.\n> \n> The following species typically occur within this complex. Other species may also occur, and not all of the following species are present in every stand of the community.\n> \n> | Acacia dorothea | Acacia terminalis | Allocasuarina distyla |\n> | Allocasuarina nana | Banksia ericifolia | Boronia microphylla |\n> | Daviesia latifolia | Dillwynia retorta | Eucalyptus piperita |\n> | Eucalyptus sclerophylla | Eucalyptus sieberi | Eucalyptus sparsifolia |\n> | Hakea dactyloides | Lepidosperma viscidium | Leptospermum arachnoides |\n> | Platysace lanceolata |  |  |","sortOrder":555},{"sectionNumber":"5D","sectionType":"section","heading":"Lagoon Vegetation (Glenbrook Lagoon)","content":"#### 5D Lagoon Vegetation (Glenbrook Lagoon)\n\n(5D) Lagoon Vegetation (Glenbrook Lagoon)\n\n> Lagoon Vegetation (Glenbrook Lagoon) is the wetland vegetation associated with Glenbrook Lagoon. This waterbody is the only naturally occurring upland lagoon in the City, although wetland vegetation has also developed around artificially created water bodies such as Wentworth Falls Lake and Woodford Lake. Glenbrook Lagoon consists of an area of open water with submerged aquatic vegetation, surrounded by extensive reedbeds dominated by the large sedges Lepironia articulata and Eleocharis sphacelata. Fringing the reedbeds is a narrow band of low paperbark trees Melaleuca linariifolia.\n> \n> Native wetland plants recorded at Glenbrook Lagoon include the following species. Other species are also likely to be present.\n> \n> | Acacia rubida | Agrostis avenacea | Baumea articulata |\n> | Callistemon citrinus | Callistemon linearis | Centella asiatica |\n> | Cynodon dactylon | Eleocharis sphacelata | Epilobium billardierianum |\n> | Gratiola pedunculata | Gratiola peruviana | Hydrocotyle peduncularis |\n> | Isachne globosa | Juncus holoschoenus | Juncus usitatus |\n> | Lepidosperma longitudinale | Lepironia articulata | Leptospermum polygalifolium |\n> | Ludwigia peploides | Melaleuca linariifolia | Melaleuca thymifolia |\n> | Myriophyllum variifolium | Nymphoides geminata | Paspalum distichum |\n> | Persicaria decipiens | Persicaria strigosa | Philydrum lanuginosum |\n> | Phragmites australis | Rumex brownii | Schoenoplectus validus |\n> | Typha domingensis | Typha orientalis | Vallisneria gigantea |\n> | Viminaria juncea |  |  |","sortOrder":556},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Heritage","content":"# Schedule 6 Heritage\n\nSchedule 6 Heritage\n\n(Dictionary)\n\n**sch 6:** Am 2006 (241), Sch 1 \\[3\\]; 2008 (49), Sch 1 \\[2\\]; 2010 (314), Sch 1 \\[1\\]–\\[10\\]; 2013 (100), Sch 1 \\[1\\].","sortOrder":560},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Classification and reclassification of public land as operational land","content":"# Schedule 7 Classification and reclassification of public land as operational land\n\nSchedule 7 Classification and reclassification of public land as operational land\n\n(Clause 129)\n\n**sch 7:** Am 2006 (241), Sch 1 \\[4\\]; 2006 No 120, Sch 2.8; 2007 (457), Sch 1; 2008 (442), Sch 1 \\[2\\]; 2009 (189), Sch 1 \\[5\\]; 2010 (705), Sch 1; 2012 (204), Sch 1 \\[1\\] \\[2\\]; 2013 (99), cl 4.","sortOrder":563},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Additional land uses","content":"# Schedule 8 Additional land uses\n\nSchedule 8 Additional land uses\n\n(Clause 38)\n\n**sch 8:** Am 2006 (241), Sch 1 \\[5\\]; 2010 (256), cl 4; 2013 (100), Sch 1 \\[2\\].","sortOrder":566}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Plan has been progressively expanded beyond a concise land‑use and design code into a multi‑issue regulatory instrument. Amendments over time have added contemporary policy overlays and exceptions (notable additions include exceptions to development standards (cl 9A, 2019/2023), live‑music protections (cl 40B, 2020), conversion of fire alarm monitoring (cl 40A, 2019), flood‑planning provisions (cl 40C, 2022) and a prohibition on canal estates (cl 40D, 2022)). Those insertions broaden the Plan’s scope from traditional zoning/building controls to cover technological, social (music use), and climate‑risk matters (flooding), increasing regulatory reach and procedural complexity. Concretely, the Plan now combines: (a) standard zoning and precinct controls; (b) technical environmental protections requiring specialist studies; and (c) targeted social/economic protections and prohibitions — creating a hybrid instrument that extends beyond the original territorial/land‑use regulation function (see clauses 9A, 40A–40D, 40C and Schedule amendments)."},"complexity_factors":["Large, multi‑part instrument exceeding 300 clauses plus 8 schedules with detailed precinct rules (Schedules 1–8).","Map‑based zoning with three map panels and many map‑designated overlays (clauses 7–8) requiring spatial cross‑checking.","Extensive land‑use matrix with conditional symbols and precinct‑specific exceptions (clause 32(2)–(6)).","Multiple, nested protected area clauses having bespoke triggers for detailed environmental assessments (clauses 44, 45–51).","Numerous defined technical reporting requirements and separate studies (site analysis cl 42–43; heritage impact cl 71; water cycle cl 96; geotechnical cl 97; erosion/cl. 56).","High volume of precinct‑level controls (Schedule 1) — dozens of precinct divisions each with its own building heights, setbacks, design objectives and exceptions.","Large heritage schedule (Schedule 6) listing hundreds of items and conservation areas that introduce layered approval rules (clauses 68–76).","Multiple cross‑references to external instruments and technical guidelines (Rural Fires Act, Planning for Bush Fire Protection, Considering Flooding guideline, Water NSW Act, BASIX), raising interpretive complexity.","Several “to the satisfaction of the consent authority” discretionary standards and incentive clauses (eg. cl 77, many precinct clauses) producing conditional logic and variable application.","Savings and amendment history: recent insertions and savings (e.g. cl 9A, 9B, 40A–40D, 40C) create transitional interpretive layers."],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Sets the local planning rules that apply to most land inside the Blue Mountains City area (see clause 2 and Map Panel A in clause 7). It is a map‑based local environmental plan (LEP) that: zones land, designates protected areas, lists heritage items and conservation areas, and establishes precinct‑specific rules (Schedules 1–8).  \n\n- Establishes who decides planning applications: Blue Mountains City Council is the consent authority (clause 5). Many approvals are conditional on studies, plans and statements being supplied (site analysis plan cl 42–43; heritage impact statements cl 71; water/soil reports cl 96–97; landscape plans cl 65–66, etc.).  \n\n- Controls what land uses are allowed in which zones via a land‑use matrix (clause 32). The matrix marks uses that are: permitted without consent, permitted with consent, or prohibited; some uses are only allowed in particular precincts (clause 32(6)).  \n\n- Prescribes detailed development controls: building heights, setbacks, site coverage, floor‑space ratios, and many place‑specific design rules in village precinct divisions (Schedule 1) and living/living‑conservation/bushland zones (Schedule 2). Those precinct rules must be complied with before consent (e.g. clauses in Schedule 1 precinct divisions).  \n\n- Requires environmental protections and assessments for development affecting National Park, watercourses, slopes, vegetation communities, water‑supply catchments and escarpments (Part 3: clauses 41–59 and Protected Area clauses 45–51). For land in map‑designated protected areas, detailed environmental assessment is mandatory before consent.  \n\n- Imposes heritage protections: demolition, works affecting heritage items, archaeological sites and Aboriginal places require heritage impact statements and/ or conservation management plans (Division 4, Part 3; clauses 68–77, 71, 74–76).  \n\n- Embeds bush‑fire rules: bush‑fire assessments, asset protection zones, construction standards and referral/approval processes tied to Planning for Bush Fire Protection and Rural Fires Act (Division 5, clauses 78–86).  \n\n- Regulates subdivision and minimum lot sizes, development density and lot configuration, including special rules for cluster housing and exceptions for particular developments (Part 4, clauses 90–93, 92).  \n\n- Controls infrastructure and service requirements for development (water, sewer, wastewater disposal, stormwater) including studies and referrals where on‑site systems are proposed (clauses 91, 94–97; Protected Area—Water Supply Catchment clause 48).  \n\n- Includes a formal mechanism allowing limited departures from development standards in defined circumstances (Exceptions to development standards clause 9A).  \n\n- Adds targeted local permissions and prohibitions (for example: conversion of fire alarms requiring consent and limited complying‑development conditions cl 40A; protections for live music at licensed premises cl 40B; flood planning clause 40C; canal‑estate prohibition cl 40D; special additional land uses in Schedule 8).  \n\n- Lists extensive schedules: precinct controls (Schedule 1), living zone rules (Schedule 2), employment and recreation zones (Schedules 3–4), significant vegetation descriptions (Schedule 5), heritage items and conservation areas (Schedule 6), operational land classification (Schedule 7), and approved site‑specific alternative uses (Schedule 8).\n\nWho this affects\n\n- Landowners and developers inside the Blue Mountains City: they must check zoning, precinct rules, protected area overlays and the land‑use matrix (clause 32) before proposing works. Many proposals will trigger studies, reports and conditions.  \n\n- Local businesses and prospective businesses: the land‑use matrix determines where particular commercial activities can locate; precinct rules set building envelopes and public‑frontage expectations in town centres (Schedule 1).  \n\n- Owners of heritage items and those in heritage conservation areas: special controls apply to demolition, alterations and curtilage (clauses 68–76 and Schedule 6).  \n\n- Residents of bush‑fire prone or flood‑prone land: specific design, construction and access standards apply and some development is prohibited unless additional approvals are obtained (Division 5, clauses 78–86; flood planning cl 40C).  \n\n- Council and statutory referral agencies (e.g. Water NSW, Rural Fire Service, Roads authority): the Plan sets referral triggers and consultation responsibilities (clause 48; clause 37; references throughout).  \n\nWhy it matters (official purpose and how that plays out in practice)\n\n- Officially the Plan aims to provide a comprehensive, place‑specific development framework for the “City within a World Heritage National Park” and to promote ecologically sustainable development (aim clause 10; principles clause 11; objectives clause 12).  \n\n- Mechanically, that aim is implemented by tightly mapping where development can occur, by imposing protected‑area assessments and by embedding precinct character and heritage conservation as determinative criteria for consent. Those rules steer where houses, multi‑unit developments, shops, industry and tourism facilities can be located, how large they can be, what design features they must have, and what environmental studies must accompany an application (examples: land‑use matrix cl 32; site analysis cl 42–43; Protected Area clauses 45–51; precinct building envelopes in Schedule 1).  \n\nPractical trade‑offs, incentives and implementation considerations (what the instrument does to behaviour and costs)\n\n- Who pays and who decides: developers and landowners pay for required studies (site analysis cl 42–43; heritage impact statement cl 71; water/geotechnical reports cl 96–97; erosion plans cl 56; traffic and landscape plans in various clauses). Council is the decision‑maker (cl 5) and routinely exercises discretion (“to the satisfaction of the consent authority” appears throughout).  \n\n- Compliance burden and predictability: the Plan imposes numerous bespoke requirements and cross‑references to external technical standards (Planning for Bush Fire Protection; BASIX and others). That reduces regulatory risk for some sensitive outcomes (heritage, bush fire, water) but raises compliance cost and introduces discretionary outcomes that can be unpredictable for applicants (see cl 42, 44, 71, 78–86).  \n\n- Effect on land use, supply and prices: minimum lot sizes and strict protected‑area rules (cl 90; Protected Area clauses 45–51) restrict developable land supply in environmental‑sensitive zones; that can raise costs of development and housing in constrained areas, while concentrating development potential into selected precincts where higher floor‑space ratios are permitted (see precincts in Schedule 1 and density rules in Schedule 2–3).  \n\n- Local business and competition effects: the land‑use matrix (cl 32) and precinct rules (Schedule 1) channel retail, tourist and bulky goods uses to particular locations (e.g. district retail precincts KA02). That concentrates customer footfall but also limits where new entrants can locate; the Plan also contains special‑use and public‑authority carve‑outs (cl 126, cl 134).  \n\n- Heritage and conservation incentives: the Plan authorises conservation incentives, allowing the consent authority to permit uses or standard contraventions where retention depends on that (cl 77). That creates an explicit trade‑off: limited regulatory flexibility in exchange for conservation works (cl 77(1)–(2)).  \n\n- Risk of “savings” and grandfathering complexity: several savings/transitional provisions treat applications lodged before certain State policies as to be decided under prior rules (cl 6(4)–(5); cl 9B). Applicants and councils must track multiple policy layers.  \n\n- Concentrated benefits versus diffuse costs: conservation and stringent environmental protections produce concentrated benefits for amenity and biodiversity, while costs (higher build costs, study fees, reduced developable area) fall mainly on individual landowners/developers. Acquisition mechanisms (clauses 130–131) transfer some decision‑costs to Council when owners request acquisition.  \n\n- Bureaucratic discretion and litigation risk: many determinations rest on Council satisfaction and on subjective assessments (e.g. “is consistent, to the satisfaction of the consent authority”), which increases scope for contested decisions and appeals. Keeping records of assessments is required in some places (cl 9A(4)).  \n\n- Targeted modernisations and constraints: recent insertions show the Plan has been used to address contemporary risks — e.g. flood planning clause 40C (clause introduced 2022), exceptions to development standards (cl 9A), live‑music non‑refusal rules (cl 40B), prohibition of canal estates (cl 40D). These make the Plan responsive to new policy priorities but also add more conditionality.\n\nKey sections to look at quickly: clause 2 (land to which Plan applies); clause 5 (consent authority); clause 7–8 (map and zones); clause 32 (land‑use matrix); Part 3 (clauses 41–59 environmental/site assessment); clauses 68–77 (heritage); clauses 78–86 (bush fire); clause 90 (subdivision minima); clauses 94–97 (services/water); clause 9A (exceptions to standards); schedules 1–8 (precinct rules, heritage lists, vegetation)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"LEPs of this type routinely evolve beyond their original scope through amendments. With 35+ amendments over 18 years, the Blue Mountains LEP has almost certainly expanded or refined its original provisions — incorporating new zones, updating heritage listings, responding to bushfire risk changes (particularly after the 2019–20 fires), and aligning with state government planning reforms. The scope has broadened from its 2005 baseline to reflect contemporary planning priorities including housing affordability, environmental resilience, and heritage conservation."},"complexity_factors":["Local Environmental Plans are inherently multi-layered documents involving zoning maps, land use tables, development standards, and numerous exceptions and site-specific provisions","Operates within a broader NSW planning framework (Environmental Planning and Assessment Act 1979), requiring understanding of that parent legislation to interpret this LEP properly","Over 35 amendments since 2005 mean rules have changed significantly over time — determining which version applied to a past decision requires careful version tracking","The Blue Mountains UNESCO World Heritage area adds overlapping environmental and heritage protection regimes that interact with standard planning rules","Bushfire-prone land, biodiversity corridors, and steep terrain create additional layers of site-specific constraints beyond standard LEP controls","Only the metadata/status page was provided — the actual substantive provisions (zones, maps, schedules) are not visible, making full analysis impossible from this document alone","Decisions often require cross-referencing multiple maps, schedules, and definitions, which is difficult for non-experts to navigate"],"plain_english_summary":"The Blue Mountains Local Environmental Plan 2005 is the planning rulebook that controls land use and development across the Blue Mountains LGA. It determines zoning, what activities need council approval or are prohibited, and sets building controls that affect homeowners, businesses, developers and landowners.\n\nIt also guides heritage, biodiversity and bushfire risk management in a UNESCO World Heritage setting. First made in October 2005, it’s been updated 35+ times; the current version began 10 November 2023."},"kimi_summary":{"_metrics":{"completionTokens":742},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2005 scope through numerous amendments. Key expansions include: addition of clause 9A (exceptions to development standards) in 2019; clause 9B (savings provisions) in 2023; clause 40C (flood planning) in 2022; clause 40D (canal estate prohibition) in 2022; clause 40B (music venue protections) in 2020; and substantial bushfire protection updates in 2020. The original plan did not include these contemporary planning concerns, indicating scope creep from a traditional zoning instrument to a comprehensive environmental and hazard management framework."},"complexity_factors":["Extensive cross-referencing between zones, precincts, protected areas, and multiple schedules","14 different zones with unique objectives and permissibility rules","Detailed land use matrix with 8 different symbol categories and numerous exceptions","7 protected area types with specific assessment requirements each","Heritage provisions requiring impact statements and conservation management plans","Bushfire protection requirements referencing external standards (Planning for Bush Fire Protection)","Multiple schedules with precinct-specific building envelopes and design considerations (Schedule 1 alone has 18+ precincts)","Nested conditional logic: exceptions to exceptions (e.g., clause 9A exceptions to development standards, with its own exclusions)","Frequent amendments noted throughout (e.g., 'Am 2020 (69)', 'Ins 2019 (659)') indicating evolving complexity","Detailed technical requirements: floor space ratios, building envelopes, slope percentages, buffer widths","Integration with multiple external instruments: State Environmental Planning Policies, Development Control Plans, and Commonwealth legislation"],"plain_english_summary":"This is the **Blue Mountains Local Environmental Plan 2005**, a detailed planning rulebook that controls what can be built and how land can be used across the Blue Mountains region of New South Wales.\n\n**What it does:**\n- **Zones land** into categories like Village—Town Centre, Living—General, Employment—General, and Environmental Protection zones, each with specific rules about what buildings and activities are allowed.\n- **Protects the environment** through special protected areas covering steep slopes, vegetation, water catchments, escarpments, and scenic corridors. Development in these areas faces extra restrictions.\n- **Manages bushfire risk** by requiring safety assessments, asset protection zones (cleared areas around buildings), and construction standards for homes in fire-prone areas.\n- **Preserves heritage** by protecting heritage-listed buildings, conservation areas, and Aboriginal cultural sites. Special assessments are required before altering or demolishing heritage items.\n- **Controls development standards** including building heights, setbacks, site coverage, and density—with some flexibility allowed where justified.\n- **Promotes accessible housing** for older people and people with disabilities, requiring specific locations near services and accessible design features.\n- **Requires detailed site analysis** before approval, covering environmental impacts, vegetation, drainage, and character of the area.\n\n**Who it affects:**\n- Property owners, developers, and businesses seeking to build or change land use\n- The Blue Mountains City Council, which assesses most applications\n- Residents in heritage areas, bushfire-prone land, or environmentally sensitive locations\n\n**Why it matters:**\nThe plan balances development with conservation of the Blue Mountains' unique character as \"a City within a World Heritage National Park.\" It aims to protect natural values, water quality, scenic beauty, and community safety while allowing appropriate growth and housing diversity."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/blue-mountains-local-environmental-plan-2005","history":"/api/acts/blue-mountains-local-environmental-plan-2005/history","analysis":"/api/acts/blue-mountains-local-environmental-plan-2005/analysis","conflicts":"/api/acts/blue-mountains-local-environmental-plan-2005/conflicts","importantCases":"/api/acts/blue-mountains-local-environmental-plan-2005/important-cases","documents":"/api/acts/blue-mountains-local-environmental-plan-2005/documents"}}