{"id":"nsw:epi-2015-0829","name":"Blue Mountains Local Environmental Plan 2015","slug":"blue-mountains-local-environmental-plan-2015","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"829 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181165,"registerId":"nsw-nsw:epi-2015-0829-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":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Blue Mountains Local Environmental Plan 2015](/view/html/inforce/current/epi-2015-0829).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU2 Rural Landscape\n> > \n> > RU4 Primary Production Small Lots\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> \n> **cl 2.1:** Am 2018 (722), Sch 1 \\[1\\]; 2022 (832), Sch 1.2\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2018 (722), Sch 1 \\[2\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2022 (832), Sch 1.2\\[2\\] \\[3\\]; 2023 (458), Sch 2.9.\n\nZone RU2 Rural Landscape\n\nZone RU4 Primary Production Small Lots\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home industries; Intensive plant agriculture; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Stock and sale yards; Veterinary hospitals; Water storage facilities","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":107},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":111},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":131},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/blue-mountains-local-environmental-plan-2015) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone C2 Environmental Conservation and marked “Environmental Conservation Open Space” | Council |\n> > | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> **cl 5.1:** Am 2022 (832), Sch 1.2\\[4\\].","sortOrder":132},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":158},{"sectionNumber":"6","sectionType":"section","heading":"Impact on environmentally sensitive land","content":"#### 6 Impact on environmentally sensitive land\n\n6.1 Impact on environmentally sensitive land\n\n> > (1) The objective of this clause is to protect environmentally sensitive land by—\n> > \n> > > (a) conserving significant native vegetation communities and protecting the ecological processes necessary for the continued existence of those communities, and\n> > \n> > > (b) protecting watercourses and the riparian buffers necessary to maintain or enhance the hydrological function of those watercourses, and\n> > \n> > > (c) restricting development on steeply sloping land and protecting geological features such as rock outcrops and escarpments.\n> \n> > (2) Impact of development on environmentally sensitive land Development consent must not be granted for development that may have an adverse impact on environmentally sensitive land unless the consent authority is satisfied that—\n> > \n> > > (a) the natural, scenic, scientific and historical values of the “City within a World Heritage National Park” that are relevant to the development will be maintained, and\n> > \n> > > (b) the development will be managed to protect the natural environment and maintain the ecological integrity and environmental significance of the Blue Mountains, and\n> > \n> > > (c) the water quality, watercourses, groundwater quality, riparian habitats and wetlands in the Blue Mountains, Sydney’s drinking water catchment and the Hawkesbury-Nepean River catchment will be preserved and, if possible, enhanced, and\n> > \n> > > (d) the development is appropriate considering the extent and capacity of the local infrastructure, and\n> > \n> > > (e) if the development will be located on bush fire prone land, the exposure to bush fire hazard will be limited and any bush fire protection measures employed to protect human life, property and other assets are responsive to the environmental values of the land.\n> \n> > (3) Development near Blue Mountains National Park Development consent must not be granted for development on land that is adjacent to, directly opposite or separated only by a local road from land in the Blue Mountains National Park unless the consent authority—\n> > \n> > > (a) has considered the impact of the proposed development on the heritage significance and scenic attributes of the National Park, and\n> > \n> > > (b) is satisfied that the development incorporates effective measures to avoid, minimise or mitigate any adverse environmental impact on the land in the National Park.\n> \n> > (4) Impact of subdivision on environmentally sensitive land Development consent must not be granted for the subdivision of land to create additional lots unless the consent authority is satisfied that the development, including any clearing required for an asset protection zone, will have no adverse environmental impact on any environmentally sensitive land.\n> \n> > (5) Development on environmentally sensitive land in Zone E3 or Zone E4 Development consent must not be granted for development (other than development for the purpose of public utility services) on land within a lot created under this Plan being land in Zone C3 Environmental Management or Zone C4 Environmental Living that contains environmentally sensitive land unless the consent authority is satisfied that the proposed development, including any clearing required for an asset protection zone, would be designed, sited and managed to avoid any adverse environmental impact on the environmentally sensitive land.\n> \n> > (6) Other development Development consent must not be granted for development (other than development referred to in subclauses (4) and (5)) unless the consent authority is satisfied that the development, including any clearing required for an asset protection zone, is to be designed, sited and managed to avoid any adverse environmental impact on any of the following—\n> > \n> > > (a) significant vegetation communities,\n> > \n> > > (b) rare species of flora,\n> > \n> > > (c) the hydrological aspect of the locality, including groundwater,\n> > \n> > > (d) land identified as “Riparian Land” on the [Riparian Lands and Watercourses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/blue-mountains-local-environmental-plan-2015),\n> > \n> > > (e) watercourses or wetlands,\n> > \n> > > (f) significant natural features, including rock outcrops, rock ledges and cliffs.\n> \n> > (7) Despite subclause (6), development consent may be granted for development if the consent authority is satisfied that—\n> > \n> > > (a) if an adverse environmental impact cannot be avoided, the development is designed, sited and will be managed to minimise that impact to the greatest extent possible, and\n> > \n> > > (b) the development incorporates effective measures to remedy, minimise or mitigate any other adverse environmental impacts, and\n> > \n> > > (c) any existing disturbed areas on the site will be restored.\n> \n> > (8) In determining whether an adverse environmental impact cannot be avoided, the consent authority must—\n> > \n> > > (a) have regard to the purposes for which the land is intended to be used with reference to the objectives of the relevant zone of the land, and\n> > \n> > > (b) be satisfied that no practicable alternative is available in relation to 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> **cl 6.1:** Am 2017 (610), Sch 1 \\[7\\].","sortOrder":159},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local clauses—development in villages","content":"# Part 7 Additional local clauses—development in villages\n\nPart 7 Additional local clauses—development in villages","sortOrder":193},{"sectionNumber":"7","sectionType":"section","heading":"Development in villages","content":"#### 7 Development in villages\n\n7.1 Development in villages\n\n> Development consent must not be granted for development on land identified in this Part unless the consent authority is satisfied that the development on the land identified is consistent with the objectives specified for that development.","sortOrder":194},{"sectionNumber":"Part 8","sectionType":"part","heading":"Site specific provisions","content":"# Part 8 Site specific provisions\n\nPart 8 Site specific provisions\n\n**pt 8 (cl 8.1):** Ins 2018 (722), Sch 1 \\[8\\].","sortOrder":212},{"sectionNumber":"8","sectionType":"section","heading":"Preservation of certain existing landscaped area","content":"#### 8 Preservation of certain existing landscaped area\n\n8.1 Preservation of certain existing landscaped area\n\n> > (1) The objective of this clause is to preserve the existing landscaped area on the land to which this clause applies.\n> \n> > (2) This clause applies to land at 132–174 Govetts Leap Road, Blackheath, being Lot 1, DP 840261.\n> \n> > (3) Development consent must not be granted to development on land to which this clause applies unless at least 75% of the land will be preserved as pervious area.\n> \n> > (4) In this clause—\n> > \n> > pervious area means any part of a site on which water infiltrates into the subsoil, excluding any area of land used as a driveway or any other hard surface (other than rainwater tanks, unroofed areas of spaced decking and swimming pools).\n> \n> **pt 8 (cl 8.1):** Ins 2018 (722), Sch 1 \\[8\\].","sortOrder":213},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2017 (610), Sch 1 \\[9\\]; 2018 (10), cl 4; 2018 (722), Sch 1 \\[9\\]; 2019 (344), Sch 1 \\[9\\]; 2021 (121), Sch 1\\[5\\] \\[6\\]; 2022 (832), Sch 1.2\\[39\\] \\[40\\].","sortOrder":214},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 61 and 63 Kings Road and 36 Mount Street, Leura","content":"#### 9 Use of certain land at 61 and 63 Kings Road and 36 Mount Street, Leura\n\n9 Use of certain land at 61 and 63 Kings Road and 36 Mount Street, Leura\n\n> > (1) This clause applies to land at 61 and 63 Kings Road and 36 Mount Street, Leura, being Lots 1 and 2, DP 1009510 and Lot 1, Section 9, DP 5140.\n> \n> > (2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.","sortOrder":223},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 1–17 Kitchener Road, Leura","content":"#### 10 Use of certain land at 1–17 Kitchener Road, Leura\n\n10 Use of certain land at 1–17 Kitchener Road, Leura\n\n> > (1) This clause applies to land at 1–17 Kitchener Road, Leura, being Lot 114, DP 751646.\n> \n> > (2) Development for the purpose of a crematorium and cemetery is permitted with development consent.","sortOrder":224},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 7 Huntley Grange Road, Springwood","content":"#### 11 Use of certain land at 7 Huntley Grange Road, Springwood\n\n11 Use of certain land at 7 Huntley Grange Road, Springwood\n\n> > (1) This clause applies to land at 7 Huntley Grange Road, Springwood, being Lots 178–181 and 217–219, DP 16995 and Lots 33–41 and 47–55, DP 27035.\n> \n> > (2) Development for the purpose of a health services facility is permitted with development consent.","sortOrder":225},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 18 Mitchell Street, Wentworth Falls","content":"#### 12 Use of certain land at 18 Mitchell Street, Wentworth Falls\n\n12 Use of certain land at 18 Mitchell Street, Wentworth Falls\n\n> > (1) This clause applies to land at 18 Mitchell Street, Wentworth Falls, being Lot 1, DP 502471.\n> \n> > (2) Development for the purpose of a car park is permitted with development consent.","sortOrder":226},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 80–104 Railway Parade, Wentworth Falls","content":"#### 13 Use of certain land at 80–104 Railway Parade, Wentworth Falls\n\n13 Use of certain land at 80–104 Railway Parade, Wentworth Falls\n\n> > (1) This clause applies to land at 80–104 Railway Parade, Wentworth Falls, being Lots 1–67, 73–89 and 90–91, DP 7988 and Lot 92, DP 7988 (formerly George, King and Mary Streets).\n> \n> > (2) Development for the purpose of a dwelling house is permitted with development consent if all the lots are consolidated into a single lot.","sortOrder":227},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at 106–120 Railway Parade, Wentworth Falls","content":"#### 14 Use of certain land at 106–120 Railway Parade, Wentworth Falls\n\n14 Use of certain land at 106–120 Railway Parade, Wentworth Falls\n\n> > (1) This clause applies to land at 106–120 Railway Parade, Wentworth Falls, being Lots 68–72, DP 7988.\n> \n> > (2) Development for the purpose of a dwelling house is permitted with development consent if all the lots are consolidated into a single lot.","sortOrder":228},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at 66 Singles Ridge Road, Winmalee","content":"#### 15 Use of certain land at 66 Singles Ridge Road, Winmalee\n\n15 Use of certain land at 66 Singles Ridge Road, Winmalee\n\n> > (1) This clause applies to land at 66 Singles Ridge Road, Winmalee, being Lot 48, DP 218261.\n> \n> > (2) Development for the purpose of extractive industries is permitted with development consent.","sortOrder":229},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at 4 Merriwa Street, Katoomba","content":"#### 16 Use of certain land at 4 Merriwa Street, Katoomba\n\n16 Use of certain land at 4 Merriwa Street, Katoomba\n\n> > (1) This clause applies to land at 4 Merriwa Street, Katoomba, being Lot 1, DP 124212.\n> \n> > (2) Development for the purpose of a registered club is permitted with development consent.","sortOrder":230},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at 4–12 Violet Street, Katoomba","content":"#### 17 Use of certain land at 4–12 Violet Street, Katoomba\n\n17 Use of certain land at 4–12 Violet Street, Katoomba\n\n> > (1) This clause applies to land at 4–12 Violet Street, Katoomba, being Lot 1, DP 1034347 (other than land within Zone C2 Environmental Conservation).\n> \n> > (2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.","sortOrder":231},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 67–69 Prince Edward St, Blackheath","content":"#### 18 Use of certain land at 67–69 Prince Edward St, Blackheath\n\n18 Use of certain land at 67–69 Prince Edward St, Blackheath\n\n> > (1) This clause applies to land at 67–69 Prince Edward St, Blackheath, being Lots 1 and 2, Sec 16, DP 758115 and Lots 8–10, DP 131091.\n> \n> > (2) Development for the purpose of an eco-tourist facility is permitted with development consent.","sortOrder":232},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura","content":"#### 19 Use of certain land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura\n\n19 Use of certain land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura\n\n> > (1) This clause applies to land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura, being Lots 3 and 8–14, Sec 1, DP 4305, Lots A–D, DP 385345, Lot 1, DP 1116868, Lot 1, DP 940336, Lot 2, DP 184184, Lot 3, DP 1097665, Lot A, DP 315787 and Lot A, DP 414796.\n> \n> > (2) Development for the purpose of an educational establishment is permitted with development consent.","sortOrder":233},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at 396–406 Great Western Highway and 16 Explorers Road, Katoomba","content":"#### 20 Use of certain land at 396–406 Great Western Highway and 16 Explorers Road, Katoomba\n\n20 Use of certain land at 396–406 Great Western Highway and 16 Explorers Road, Katoomba\n\n> > (1) This clause applies to land at 396–406 Great Western Highway and 16 Explorers Road, Katoomba, being Lots 6–12, DP 10148.\n> \n> > (2) Development for the purpose of subdivision to create 4 lots is permitted with development consent if the resulting lots are not less than 1 hectare.","sortOrder":234},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land in Zone E4","content":"#### 21 Use of certain land in Zone E4\n\n21 Use of certain land in Zone E4\n\n> > (1) This clause applies to land identified as “Area 1” on the [Land Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/blue-mountains-local-environmental-plan-2015).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) dual occupancies,\n> > \n> > > (b) dwelling houses,\n> > \n> > > (c) secondary dwellings.","sortOrder":235},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2021 (121), Sch 1\\[7\\]; 2022 (72), Sch 1.11\\[5\\]; 2022 (832), Sch 1.2\\[41\\] \\[42\\].","sortOrder":236},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Fences on land in Zone C4 Environmental Living","content":"#### sch.2-sec Fences on land in Zone C4 Environmental Living\n\nFences on land in Zone C4 Environmental Living\n\n> > (1) Must be on land in Zone C4 Environmental Living.\n> \n> > (2) Must not be on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item.\n> \n> > (3) Must not be along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area.\n> \n> > (4) Must not be on a flood control lot.\n> \n> > (5) Must not be higher than 1.8m above ground level (existing).\n> \n> > (6) Must not be of masonry construction to a height that is more than 1.2m above ground level (existing).\n> \n> > (7) Despite subclauses (5) and (6), if the fence is erected on a sloping site and stepped to accommodate the fall in the land—\n> > \n> > > (a) a fence that is required to be not more than 1.2m above ground level (existing) must not be more than 1.5m above ground level (existing) at each step, and\n> > \n> > > (b) a fence that is required to be not more than 1.8m above ground level (existing) must not be more than 2.2m above ground level (existing) at each step.\n> \n> > (8) If it includes an entrance gate—must not have a gate that opens outwards.\n> \n> > (9) If it is located in a core koala habitat or potential koala habitat within the meaning of the [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 3 or in a movement corridor used by koalas—must be constructed or installed in accordance with any relevant council policy or guideline under that Policy.\n> \n> > (10) If it is located on bush fire prone land—must be constructed of non-combustible materials or hardwood.\n> \n> > (11) If it is constructed of metal components—must be of low reflective, factory pre-coloured materials.\n> \n> > (12) Must not be an electrical fence or use barbed wire.\n> \n> > (13) If located along the boundary of, or within the setback area to, a primary or secondary road—\n> > \n> > > (a) must not be more than 1.2m above ground level (existing), and\n> > \n> > > (b) must be open for at least 20% of the area of the fence that is more than 40mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.\n> \n> > (14) If a lot has a frontage to a secondary road or roads, subclause (13) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.\n> \n> > (15) Subclause (13)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.","sortOrder":237},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Rainwater tanks (above ground) on land in Zone C4 Environmental Living","content":"#### sch.2-sec-oc.2 Rainwater tanks (above ground) on land in Zone C4 Environmental Living\n\nRainwater tanks (above ground) on land in Zone C4 Environmental Living\n\n> > (1) Must be on land in Zone C4 Environmental Living.\n> \n> > (2) Maximum number—2 per lot.\n> \n> > (3) Must not have a capacity more than 10,000L.\n> \n> > (4) If the tank has a height of more than 1.8m above ground level (existing)—must be located at least 900mm from each lot boundary.\n> \n> > (5) Must be located behind the building line of any road frontage.\n> \n> > (6) Must not rest on the footings of an existing building for support.\n> \n> > (7) Must not require cut and fill of more than 1m below or above ground level (existing).\n> \n> > (8) Must be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank.\n> \n> > (9) Must be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank.\n> \n> > (10) Must be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it.\n> \n> > (11) Must have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property or cause a nuisance to adjoining owners.\n> \n> > (12) Must have a sign affixed to it with a statement to the effect that the water in the tank is rainwater.\n> \n> > (13) Must be located in the rear yard if it is constructed or installed on or in a heritage item or a draft heritage item.\n> \n> > (14) Pumps attached to the development must be housed in an enclosure that is soundproofed.\n> \n> > (15) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.","sortOrder":238},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":239},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":242},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2025 (244), Sch 1; 2025 (575), Sch 1\\[1\\] \\[2\\].","sortOrder":243},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2017 (610), Sch 1 \\[10\\] \\[11\\]; 2019 (294), Sch 1 \\[2\\]; 2019 (352), Sch 1 \\[4\\]–\\[6\\]; 2021 (139), Sch 1; 2025 (477), Sch 1.","sortOrder":247},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":251},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":253},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":255}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Plan has expanded beyond a simple zoning table into a comprehensive regulatory instrument combining zoning, multiple environmental overlays, precinct‑level design controls, an extensive heritage register and targeted incentives. Over time it has accumulated site‑specific permissions, new precinct objectives, detailed environmental overlays and incentive mechanisms (for example, affordable housing incentives at clause 6.22, cluster housing/lot averaging clauses 4.1E–4.1F, and expanded precinct and key site controls in Part 7 and Schedule 1). The addition of a broad covenant‑suspension power (cl 1.9A) and many amendment entries demonstrates growth from a basic LEP to a dense, discretionary instrument that merges local character, conservation, infrastructure servicing and housing policy in one instrument."},"complexity_factors":["Extensive use of map layers (at least 16 distinct map types referenced: Land Zoning, Lot Size, Height of Buildings, Floor Space Ratio, Built Character, Key Sites, Lot Averaging, Riparian Lands & Watercourses, Natural Resources—Biodiversity, Natural Resources—Land, Scenic & Landscape Values, Active Street Frontages, Heritage Map, Land Reservation Acquisition, Mineral Resource Area, etc.) (cl 1.7 and many clauses)","Large, detailed Schedule 5 (heritage) containing hundreds of listed heritage items and conservation areas (Schedule 5—Part 1 & Part 2)","Many cross‑references to State EPIs and other Acts (multiple clauses reference the Act, SEPPs, Crown land, Heritage Act, Fisheries, Rural Fires Act, Local Government Act), producing layered legal interaction (e.g. cl 1.9, cl 1.9A, cl 5.12, cl 5.21, cl 6.23)","Numerous conditional, nested exceptions and carve‑outs (e.g. cl 4.1(3C)–(4), cl 4.1E(6), cl 4.1F cluster housing conditions, cl 4.3A multiple exceptions for height/FAR, cl 4.6 exceptions to standards and its exclusions)","Multiple development pathways (consent, exempt, complying development, Council infrastructure without consent) with separate tests (Part 3, Schedule 2 and Schedule 3; cl 3.1–3.3; cl 6.24)","Detailed overlay‑specific performance tests requiring specialist reports (heritage management documents, geotechnical, biodiversity, stormwater, wastewater, aquaculture operational requirements) (cl 5.10, cl 6.4–6.9, cl 5.19, cl 6.23)","Site‑specific schedules and precinct objectives (Parts 7 and 8, Schedule 1) which add bespoke tests for many land parcels and introduce fine‑grain variability across the LGA","Extensive amendment history and variant clauses (many amending notes across the Plan), increasing interpretive complexity and temporal dependencies","Complex lot and subdivision rules (minimum lot sizes, exemptions for neighborhood/strata/community subdivisions, lot averaging, cluster housing, consolidation requirements) spread across cl 4.1, 4.1AA–4.1H, 4.1E–4.1G"],"plain_english_summary":"**What this plan is and does**\n\n- **What it is:** The Blue Mountains Local Environmental Plan 2015 (the Plan) is the detailed local zoning and land‑use rulebook that tells people what can, cannot and may be allowed to be built or used on land inside the Blue Mountains local government area. It works together with State policies and maps to control land use, development standards and site‑specific rules (see cl 1.3, cl 1.9 and maps references).\n\n- **Who decides:** The Council is the primary decision‑maker (the \"consent authority\") when development consent is required (cl 1.6). Where State environmental planning policies prevail their provisions apply (cl 1.9(1)).\n\n- **Who it affects:** landowners, prospective developers, builders, residents, community housing providers, utilities and public authorities operating in the Blue Mountains. It also affects adjoining landowners and Aboriginal and heritage stakeholders where heritage items or Aboriginal places are involved (cl 5.10). \n\n**How it works mechanically (key rules and mechanisms)**\n\n- **Zoning and permitted uses:** Land is placed in named zones (e.g. R1 General Residential, RU2 Rural Landscape, C2 Environmental Conservation, E1/E2 centres) and each zone has objectives and a Land Use Table listing uses permitted without consent, with consent, and prohibited uses (cl 2.1–2.3 and Land Use Table). Developers must check the Land Zoning Map and the Land Use Table to know whether an activity is allowed.\n\n- **Consent and exemptions:** Most subdivision, demolition and many building works require development consent from Council (cl 2.6, cl 2.7). The Plan also lists exempt development (Schedule 2) and complying development (Schedule 3) where approval is faster or not required (cl 3.1–3.2), subject to standards and exclusions (cl 3.3).\n\n- **Maps and overlays:** The Plan relies heavily on maps (zoning, lot size, height, floor space ratio, built character, biodiversity, riparian lands, heritage, key sites, active street frontages etc.) to apply different rules to parcels of land (cl 1.7, cl 2.2, and numerous map cross‑references throughout the Plan). These maps are decisive for height, FSR, minimum lot sizes and many site constraints.\n\n- **Development standards and flexibility:** The Plan sets primary development standards: minimum lot sizes (cl 4.1 and related clauses), height limits (cl 4.3), floor space ratios (cl 4.4), site coverage, pervious area controls (cl 4.4A) and calculations for FSR (cl 4.5). Clause 4.6 lets authorities permit departures from development standards where the applicant demonstrates compliance would be unreasonable or unnecessary, but it excludes certain standards from variation and creates limits on when flexibility can be applied.\n\n- **Subdivision and consolidation controls:** Subdivision is tightly regulated: minimum lot sizes on the Lot Size Map, special rules for community title, strata, cluster housing, lot consolidation in sensitive areas and for rural lots (cl 4.1AA–4.1G, 4.2, 4.1E, 4.1F, 4.1G). These clauses restrict fragmentation of environmentally sensitive or small rural lots and require consolidation before consent for some development.\n\n- **Environmental overlays and tests:** The Plan contains extensive environmental protections and overlay‑specific assessment tests: protection of \"environmentally sensitive land\" (cl 6.1), biodiversity corridors (cl 6.3), slope/landslide/vegetation/escapement/riparian protected areas (cl 6.4–6.8, 6.12, 6.5, 6.6), stormwater and flood planning rules (cl 6.9, cl 5.21). Consent authorities must be satisfied particular environmental outcomes (avoid, minimise, mitigate) are met before granting consent.\n\n- **Heritage and Aboriginal places:** Any work affecting listed heritage items, conservation areas or Aboriginal places needs consent and may require heritage management documents or consultation (cl 5.10 and Schedule 5 lists the heritage items and areas). Council must consider heritage impacts and notify Heritage Council or Aboriginal communities in some cases.\n\n- **Site‑specific and village precinct controls:** The Plan contains precinct objectives and site‑specific provisions (Parts 7 and 8 and Schedule 1) that guide appropriate built form, active street frontages, design excellence in village centres, and limits like no drive‑throughs at some key sites (cl 6.19–6.20, cl 6.27, Part 7 precinct objectives).\n\n- **Incentives and special measures:** The Plan includes incentives (e.g. extra gross floor area for developments that provide affordable housing at certain key sites—cl 6.22), allows limited exceptions to height or FSR in carefully defined locations (cl 4.3A), and contains a temporary suspension power for private covenants in limited circumstances to enable development to proceed consistent with the Plan (cl 1.9A).\n\n**Why it matters (practical consequences)**\n\n- **For landowners/developers:** The Plan creates legal certainty about permitted uses, design limits (height, FSR, lot sizes), and the tests and studies that will be required (heritage reports, geotechnical, biodiversity, stormwater, wastewater reports). Those requirements translate into direct compliance costs (surveys, consultants), timing and risk for projects; plus some potential benefits (e.g. affordable housing incentives cl 6.22).\n\n- **For the community and environment:** The Plan embeds trade‑offs: it restricts subdivision and urban expansion in environmentally sensitive and bushfire‑prone areas (cl 1.2 aims; cl 4.1, cl 6.1) while enabling village centre intensification in specified precincts (Part 7 precinct controls). That shifts costs and benefits between private property owners, developers and the broader public (infrastructure demand, conservation outcomes).\n\n- **Who pays and who decides:** Developers and landowners pay for compliance (surveys, remediation, design changes) and for infrastructure contributions where applicable. The Council decides on most consents and classifications of public land (cl 1.6, cl 5.2) and State policies can override or supplement the Plan (cl 1.9).\n\n**Analytical lens — incentives, costs, trade‑offs and implementation risks**\n\n- Purpose claims in the Plan emphasise environmental protection, heritage conservation and village character (cl 1.2). Those aims impose concrete costs: additional pre‑application work (heritage/Aboriginal/biodiversity/ geotechnical reports per cl 5.10, cl 6.1–6.9, cl 6.4–6.5), limits on lot fragmentation (cl 4.1G), and constraints on where development can go (many overlay‑based prohibitions).\n\n- The Plan creates **concentrated benefits** for holders of land in precincts where uplift or incentives are provided (e.g. extra FSR for affordable housing cl 6.22, site‑specific permitted uses in Schedule 1). It imposes **diffuse costs** (higher compliance and reduced development potential) across many landholders in environmentally sensitive zones.\n\n- **Discretion and implementation risk:** There is significant discretion for the consent authority (Council) — e.g. cl 4.6 (exceptions to development standards) and many clauses require Council to be \"satisfied\" about matters such as environmental impacts, adequate servicing and heritage impacts. Discretion creates uncertainty and inconsistent outcomes unless Council publishes clear procedures and applies maps and standards consistently.\n\n- **Compliance burden and market effects:** The Plan raises entry costs for developers in sensitive areas (specialist reports, potential obligations to restore or protect vegetation, site consolidation). This can reduce speculative subdivision and protect public environmental values, but can also reduce the supply of developable sites and increase project costs and timelines.\n\n- **Opportunities and trade‑offs:** The Plan signals where development is intended to be concentrated (village precincts and key sites) and where it is to be constrained (World Heritage buffer, riparian/escapement areas). This concentrates infrastructure investment and creates clearer markets for infill development while protecting identified environmental and heritage assets (see precinct objectives in Part 7 and overlays in Part 6).\n\n**Practical red flags for users**\n\n- Check the relevant maps (Lot Size, Height, FSR, Heritage, Biodiversity, Riparian, Built Character, Key Sites) before preparing proposals (cl 1.7, cl 2.2). Many rules operate by map marking.\n- Expect required technical reports (heritage, biodiversity, geotechnical, wastewater, stormwater) for sensitive sites (cl 5.10, cl 6.1, cl 6.5, cl 6.23, cl 6.9).\n- Be aware of limited but real powers to vary standards (cl 4.6) and the Plan’s provisions that suspend private covenants in narrow circumstances to permit development consistent with the Plan (cl 1.9A).\n\n(References in parentheses are to the clause numbers in the Plan: e.g. cl 1.6 = clause 1.6.)"},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has been amended more than 50 times since its commencement in December 2015, strongly indicating that its scope and specific provisions have evolved materially beyond the original intent. Amendments to LEPs typically reflect changes to permitted land uses, new development controls, rezonings of specific parcels, and updates driven by state government policy shifts — all of which can broaden or narrow what was originally envisaged for particular areas of the Blue Mountains."},"complexity_factors":["Standard instrument LEP format incorporates voluminous NSW-wide standard templates and definitions, adding layers not visible in this document alone","Operates under the Environmental Planning and Assessment Act 1979, requiring cross-referencing with state legislation","Highly localised application — rules vary parcel-by-parcel depending on zoning maps, which must be read alongside the text","Over 50 amendments since 2015 mean the current operative rules have evolved significantly and require version-tracking to understand the legal history","Interaction with overlapping environmental controls (bushfire, biodiversity, heritage, flood, World Heritage Area) creates a complex matrix of permissions and prohibitions","Distinct rules for development consent (council approval), complying development (fast-track approval), and prohibited development require careful navigation","Non-lawyers must cross-reference multiple maps, schedules, and definitions to determine what applies to any specific property"],"plain_english_summary":"The Blue Mountains Local Environmental Plan 2015 is the legal rulebook for land use across the Blue Mountains LGA: it zones land, defines what development is permitted or prohibited, and sets protections for biodiversity, bushfire‑prone areas, heritage and scenic landscapes. \n\nIt directly affects property owners, buyers, developers, businesses and residents by determining what can be built or changed and under what conditions — noncompliance can lead to fines or enforcement. Check the current version (50+ amendments)."},"kimi_summary":{"_metrics":{"completionTokens":866},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a local environmental plan for the Blue Mountains. While it has been amended multiple times (as evidenced by amendment notes throughout), these amendments appear to be refinements and updates rather than significant scope expansion. The core structure remains focused on land use zoning, development standards, environmental protection, and heritage conservation for the Blue Mountains region."},"complexity_factors":["Multiple overlapping zone systems (Rural, Residential, Employment, Special Purpose, Recreation, Conservation, Waterway zones)","Extensive cross-referencing to maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Built Character Map, Scenic and Landscape Values Map, Natural Resources maps, Riparian Lands and Watercourses Map, Key Sites Map, Lot Averaging Map, Heritage Map, Mineral Resource Area Map, Land Reservation Acquisition Map, Active Street Frontages Map)","Detailed precinct-specific development controls in Part 7 for 14 different villages with unique objectives","Numerous exception clauses and conditional provisions (clauses 4.1AA, 4.1A, 4.1B, 4.1C, 4.1D, 4.1E, 4.1F, 4.1G, 4.1H, 4.2A, 4.3A, 4.4A, 4.4B, 4.6)","Complex subdivision rules with multiple calculation methods (battle-axe lots, lot averaging, cluster housing, community title, strata title)","Heritage protection provisions with multiple layers (State heritage, local heritage, heritage conservation areas, archaeological sites, Aboriginal places)","Environmental protection clauses with nested conditions (environmentally sensitive land, protected areas, slope constraints, landslide risk, vegetation constraints, ecological buffers, riparian lands, escarpment protection)","Extensive schedules including additional permitted uses (Schedule 1), exempt development (Schedule 2), complying development (Schedule 3), public land classification (Schedule 4), and a comprehensive heritage inventory (Schedule 5 with hundreds of listed items)","Multiple amendment references showing ongoing evolution (clauses amended in 2017, 2018, 2019, 2021, 2022, 2023, 2024, 2025)","Interaction with multiple State Environmental Planning Policies and other legislation"],"plain_english_summary":"This is the **Blue Mountains Local Environmental Plan 2015**, a 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- **Divides land into zones** (like R1 General Residential, C2 Environmental Conservation, E1 Local Centre) that determine what activities are allowed — from houses and shops to factories and national parks\n- **Sets development rules** including minimum lot sizes, building heights, and how much of a site can be covered by buildings\n- **Protects sensitive areas** like bushland, watercourses, steep slopes, and the World Heritage-listed national park that surrounds the towns\n- **Preserves heritage** through a detailed list of protected buildings, archaeological sites, and natural features\n- **Controls subdivision** — how land can be split into smaller lots, with special rules to prevent fragmentation of rural and environmentally sensitive land\n\n**Who it affects:**\n- **Property owners** wanting to build, subdivide, or change land use\n- **Developers** seeking approval for projects\n- **Council** (the consent authority) when assessing applications\n- **Anyone living in or visiting** the Blue Mountains, as it shapes the character of towns and protection of natural areas\n\n**Why it matters:**\nThe Blue Mountains is unique — a \"City within a World Heritage National Park.\" This plan tries to balance housing, tourism, and economic needs with protecting the environment, bush fire safety, water quality for Sydney's drinking water catchment, and the area's distinctive heritage character. It includes detailed precinct-specific rules for villages like Katoomba, Leura, and Blackheath to maintain their individual character."}},"importantCases":[],"_links":{"self":"/api/acts/blue-mountains-local-environmental-plan-2015","history":"/api/acts/blue-mountains-local-environmental-plan-2015/history","analysis":"/api/acts/blue-mountains-local-environmental-plan-2015/analysis","conflicts":"/api/acts/blue-mountains-local-environmental-plan-2015/conflicts","importantCases":"/api/acts/blue-mountains-local-environmental-plan-2015/important-cases","documents":"/api/acts/blue-mountains-local-environmental-plan-2015/documents"}}