pt
Objectives and implementation
pt Objectives and implementation
Objectives and implementation
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New South Wales regulation
What this plan does, mechanically
Establishes the local land-use rules for land within the Blue Mountains City area covered by the plan (the Map). It identifies zones (for example Rural Conservation, Bushland Conservation, Residential Bushland Conservation, National Park, Regional Open Space) and protected areas (for example Escarpment Area, Water Supply Catchment Area) and says what types of development are permissible in each zone (clause 2; clause 6; clause 8; clause 9).
Names Council as the decision-maker (the “consent authority”) for development under the plan (clause 5).
Sets a table of land-uses that may be carried out with Council consent in particular zones, and says development not listed or otherwise permitted is prohibited (clause 9 and Table).
Imposes substantive development controls (design, setbacks, height limits, site coverage, access, tree preservation, services requirements, bushfire measures and environmental protection) that Council must apply when deciding whether to grant consent (clauses 10 and 11, clauses 30 and 34). Important examples include: height limits (maximum two storeys / 8 m roof height / 6.5 m to eaves) (clause 10.6); building setbacks from Classified Roads (clause 10.3); limits on site coverage and requirement for a Principal Development Area on larger lots (clause 10.9; clause 30); environmental impact and bushfire protection requirements (clause 10.5, 10.5(ca), 10.5(da)–(dc)).
Protects heritage by requiring Council consent for demolition, alteration or damage to heritage items and Heritage Conservation Areas and by requiring assessment of heritage impacts (clause 25; Schedule 2).
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Direct links to the current provisions in Blue Mountains Local Environmental Plan 1991.
Objectives and implementation
1 Name of plan
This plan may be cited as Blue Mountains Local Environmental Plan 1991.
2 Land to which this plan applies
This plan applies to certain land within the City of Blue Mountains, being—
(a) that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 1991”, or
(b) that land not shown on the Map within the meaning of Blue Mountains Local Environmental Plan 2005.
cl 2: Subst 28.5.1993; 2005 (633), cl 3 (2).
3 Objectives
3.1 The principal objectives for the City are—
(a) Maintain the unique character of the City
To identify and protect the Blue Mountains’ natural and cultural heritage, and the distinctive character and amenity of local communities; to recognise and maintain the positive qualities of the traditional lifestyle enjoyed by the residents of the City; and to recognise the importance of the Blue Mountains National Park as the setting of the City.
(b) Urban Containment
To concentrate and contain the spread of urban development.
(c) Environmentally sensitive design and bushfire protection
(i) To locate, design, carry out and service development so that it does not exceed land capability and other physical constraints of the Blue Mountains.
(ii) To implement a bush fire management plan which will not cause unacceptable impact on Water Supply Catchment Areas or environmentally sensitive areas.
(iii) To ensure that new development is located and managed so as to reduce the threat from bushfire.
(d) Pollution and Erosion Control
(i) To achieve unpolluted streams, land and air as well as a stable, attractive landscape.
(ii) In the short term, to attain water quality appropriate for recreational use in the headwaters of the Blue Mountains’ streams.
(e) Town Character
To improve the physical quality of life for residents of the Blue Mountains.
(f) Economic Development and Employment
To encourage tourism and other economic enterprises and the creation of employment opportunities which are sympathetic to the Blue Mountains’ character, and promote long term sustainability in the use of resources.
(g) Energy and Resources
To promote maximum efficiency in the use of resources.
(h) Social Environment
To maintain and improve the social environment by ensuring the planned development of community facilities, services, programmes and other activities relevant to the needs and aspirations of residents of the City.
(i) Arts and Cultural Activity
To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
3.2 Additional Objectives for the Blue Mountains Ridge (ie The Sandstone Plateau from Lapstone to Mt Victoria and Bell, being a Planning District shown on Sheet 1 of the Map)
(a) To maintain and enhance the natural bushland buffer zones between towns.
(b) To ensure that development for tourism and recreation is consistent with the conservation of the natural landscape, the cultural heritage, the environment and the Blue Mountains National Park.
(c) To encourage a variety of residential development forms.
(d) To develop serviced land within existing towns for urban land uses and discourage premature development which would place an uneconomic or unreasonable burden on the provision of services and facilities on the urban fringe.
(e) To ensure that the individual and cumulative impacts of development do not have an adverse effect on stream catchments particularly associated with water supply or the Blue Mountains National Park.
(f) To encourage a high quality of design.
(g) To locate public utilities sensitively, so as to minimise environmental and visual impact.
(h) To maintain the character of the Mountains when viewed from the Great Western Highway and Great Western Railway line and reduce advertising signs on these routes.
(i) To minimise the impact of development on the Blue Mountains National Park by providing appropriate buffer areas and protecting wildlife corridors.
3.3 Additional Objectives for Megalong Valley (being a Planning District shown on Sheet 1 of the Map)
(a) To retain the low density of development in the Valley.
(b) To conserve the rural and natural landscape of the Valley, and views within the Valley and from public lookouts.
(c) To maintain the attraction of the entrance road and the characteristics of the existing roads in the Valley (ie curves, rises and falls, limited carriageway width, unpaved shoulders and verges and adjacent vegetation).
(d) To ensure that development for tourism and recreation is consistent with the conservation of the rural and natural landscape, heritage and agricultural qualities of the Valley.
(e) To maintain the agricultural capability of the Valley.
(f) To encourage a high quality of design.
(g) To locate public utilities sensitively, so as to minimise environmental and visual impact.
3.4 Additional Objectives for Mt Wilson, Mt Irvine, Mt Tomah and Berambing (being a Planning District shown on Sheet 1 of the Map)
(a) To conserve the low density, semi-rural heritage and natural landscapes.
(b) To conserve areas of natural vegetation which provide key landscape and ecological elements, in particular, the rainforest and tall open forest communities on basalt soils.
(c) To retain a pleasing combination of formal avenues and roadsides plantings, private gardens and landscaping, forests and stands of natural vegetation, attractive rural and semi-rural landscape, local vistas and distant views.
(d) To maintain the characteristics of the existing local roads, (ie curves, rises and falls, limited carriageway width, unpaved shoulders and verges, and adjacent vegetation and attractive plantings).
(e) To conserve historic building, their curtilages and landscaped settings.
(f) To ensure that the individual and cumulative impact of development does not have an adverse effect on stream catchments particularly associated with water supply or the Blue Mountains National Park.
(g) To encourage a high quality of design.
(h) To locate sensitively public utilities to minimise environmental and visual impact.
(i) To minimise the impact of development on the Blue Mountains National Park by providing buffer areas and protecting wildlife corridors.
cl 3: Am 2020 (724), Sch 1.1.
4 Relationship to other environmental planning instruments
4.1 This plan repeals Blue Mountains Local Environmental Plan No 4 in so far as it applied to—
(a) land shown on the Map as being within a zone under this plan, or
(b) roads shown on the Map in so far as they are adjacent to and contiguous with any such land.
4.2 This Plan amends Blue Mountains Local Environmental Plan No 4 in the manner shown in Schedule 5.
cl 4: Am 28.5.1993.
5 Consent authority
The Blue Mountains City Council is the consent authority for the purposes of this plan.
5A Savings provisions relating to development applications
(1) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 5A: Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.2[1].
General control of development
6 Zone objectives
6.1 Zone: Rural Conservation (RC)
(a) To ensure that development is compatible with the rural and natural landscape and heritage of the locality.
(b) To avoid further fragmentation and loss of usable rural land; to encourage consolidation of small lots and resubdivision of existing holdings where the existing subdivision pattern is not appropriate or is unrelated to existing topography and natural constraints.
(c) To retain the low density of rural settlement and ensure that development does not create unreasonable, uneconomic or environmentally damaging demands for the provision of services.
(d) To maintain safety and convenience along main roads by discouraging uses that are likely to generate traffic volumes that disrupt traffic flow.
(e) To avoid ribbon development.
(f) To provide for the requirements of the rural community.
6.2 Zone: Bushland Conservation (BC)
(a) To conserve the natural bushland character of the landscape surrounding the existing urban areas of the City and minimise the visual impact of development on the landscape, particularly when viewed from the Blue Mountains National Park.
(b) To protect the natural bushland buffer zones between towns, to avoid ribbon development and to conserve and enhance the views and vistas of natural bushland obtained from the Great Western Highway and the Great Western Railway, public places, lookouts and areas within the Blue Mountains National Park.
(c) 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 areas.
(d) To provide only for development that utilises and retains the natural bushland on the site as an important feature of the development.
(e) To ensure that development in bushfire prone areas is carried out so that effective bushfire management can be implemented within the property boundaries with appropriate environmental controls.
(f) To encourage landscaping and regeneration of natural bushland in areas with sparse tree or canopy cover.
6.3 Zone: Residential Bushland Conservation (RES-BC)
(a) To ensure that all development including subdivision is environmentally sensitive and site responsive and maintains and facilitates sustainable natural ecosystems and biodiversity within the Blue Mountains.
(b) To utilise best practice water management techniques—
• to protect, and where practicable to improve, existing perennial and non-perennial watercourses and the associated riparian zone, and
• to protect, and where practicable to improve, water quality, and
• to maintain pre-development downstream flow patterns, and
• to promote ecologically sustainable water and land management practices.
(c) To establish an appropriate landscape character by encouraging the preservation, regeneration and re-establishment of native bushland, where practicable.
(d) To ensure that the form and siting of development, and the building materials, colours, and landscaping utilised in that development, are each appropriate for, and harmonise with, the bushland character of the area in which the development is to take place.
(e) To ensure bushfire protection measures are adequate to protect proposed development and are able to be implemented without unacceptable adverse environmental impacts.
(f) To ensure that non-residential land uses are compatible with the residential character of the area in which development is proposed.
6.4 Zone: Residential Investigation (RES-I)
(a) To identify land suitable for consideration by the Council for rezoning for future residential development and, in the case of Hawkesbury Road, Winmalee and Mort Street, Katoomba, for a range of urban uses.
(b) To ensure that development within the zone is compatible with, and does not prejudice the anticipated future development of, the land.
(c) To conserve the natural bushland character of the landscape surrounding the existing urban areas of the City.
(d) To ensure that rezoning does not precede a detailed environmental investigation of a contiguous area zoned Residential Investigation shown edged on the Map.
6.5 Zone: Light Industries (IND-LT)
(a) to provide for a range of light industrial land uses, compatible with the environment of the City.
(b) To encourage employment opportunities.
6.6 Zone: Recreation (REC)
(a) To provide for active recreational requirements of the City.
(b) To ensure that recreational development is environmentally sensitive and site responsive.
6.7 Zone: Recreation—Environmental Protection (REC-EP)
(a) To ensure protection of environmentally sensitive land and areas of high scenic value in the City.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(e) To provide for passive recreational activities that are compatible with the land’s environmental characteristics.
6.8 Zone: Environmental Protection (EP)
(a) To protect environmentally sensitive land and areas of high scenic value in the City from development.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
6.9 Zone: Environmental Protection—Acquisition (EPac)
(a) To protect environmentally sensitive land and areas of high scenic value in the City from development.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(e) To provide for the acquisition of this land.
6.10 Zone: National Park (NP)
(a) To maintain the spectacular natural environment of the Blue Mountains.
(b) To facilitate the management of the Blue Mountains National Park in accordance with the National Parks and Wildlife Act 1974 and the Blue Mountains National Park Plan of Management.
6.11 Zone: Regional Open Space (R)
(a) To enhance and protect the unique natural and scenic environment of the Blue Mountains.
(b) To provide greater opportunities for passive recreation in the Blue Mountains.
(c) To provide for acquisition of this land.
cl 6: Am 28.5.1993; 23.3.2001.
7 Protected areas objectives
7.1 Canopy Conservation
(a) To maintain the bushland landscape as a predominant feature in that part of the Megalong Valley designated Protected Area—Canopy Conservation on the Map, when viewed from public places on the Escarpment.
(b) To maintain the rural and natural landscape of the Megalong Valley by retaining tree cover.
(c) To ensure adequate conservation of tree stands and beneficial ecological associations.
7.2 Environmental Constraint Area
(a) To protect environmentally sensitive land and areas of high scenic value in the City.
(b) To provide a buffer around areas of ecological significance.
(c) To restrict development on land that is inappropriate by reason of its physical characteristics or bushfire risk.
7.3 Escarpment Area
(a) To preserve and enhance the natural environmental and visual significance of the escarpment system of the Blue Mountains.
(b) To limit the presence of buildings and works in the escarpment area and to limit the impact of buildings on the perception of the escarpment as a significant natural feature.
(c) To limit the proportion of hard surfaces in the escarpment area and to provide for the restoration of all degraded areas and their return to a natural habitat.
7.4 Land Between Towns
(a) To ensure the conservation of the natural bushland character of land designated as Land Between Towns on the Map.
(b) To utilise the indigenous bushland as an important feature of development on land designated as Land Between Towns on the Map and to minimise the removal of vegetation on that land.
(c) To minimise traffic generating uses along Classified Roads.
(d) To minimise the visibility of development.
7.5 Water Supply Catchment Area
(a) To protect the City’s water supply.
(b) To maintain the quality of the natural environment.
8 Abbreviations and symbols used on the Map
The following zones, zone subscripts and protected areas are used in this plan. They are shown on the Map in a distinctive manner and by the following annotations—
(a) Zones
| Rural Conservation | RC | | Bushland Conservation | BC | | Residential Bushland Conservation | RES-BC | | Residential Investigation | RES-I | | Light Industrial | IND-LT | | Recreation | REC | | Recreation—Environmental Protection | REC-EP | | Environmental Protection | EP | | Environmental Protection—Acquisition | EPac | | National Park | NP | | Regional Open Space | R |
(b) Zone Subscripts
| Density Control Provision shown as lots per hectare | eg (8/ha) | | No Subdivision to create additional lots | (NS) | | Minimum Area Requirement shown as square metres | eg (2000) | | Minimum Area Requirement shown as hectares | eg (1 ha) | | Consolidation Requirement | (CONS) | | Specific uses | eg (SEWAGE TREATMENT PLANT) |
(c) Protected Areas
| Canopy Conservation | | | Environmental Constraint Area | | | Escarpment Area | | | Land Between Towns | | | Water Supply Catchment Area | — c — |
(d) Roads
| Proposed Road Closure | | | Proposed New Alignment | P.N.A.–––– |
9 General control of development
9.1 With the consent of the Council, development for the purposes of any activity, building, place or work specified in the Table may be carried out on land within a zone where “C” is shown in the Table.
9.2 Except as permitted by clause 9.1 or by some other specific provision of this plan, the carrying out of development is prohibited.
9.3 Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council has considered the objectives of this plan and the objectives of the zone and of any protected area in which the land is situated, and is of the opinion that the carrying out of the development complies with the objectives that are relevant to that development.
9.4 Notwithstanding clause 9.1—
(a) Development for the purposes of an arts and crafts gallery, depot, guest house, helicopter landing site, holiday cabin, refreshment room, rural industry or sawmill is prohibited in the Rural Conservation zone at Mount Irvine, Mount Tomah, Mount Wilson, Shipley Plateau and Sun Valley.
(b) Development for the purposes of an electricity substation (not being a pole or padmount substation), gasholder or generating work is prohibited on land within the Recreation, Recreation—Environmental Protection, Environmental Protection, Environmental Protection—Acquisition, National Park or Regional Open Space zone.
(c) Development, except for the purposes of a utility installation or National Park, in the Recreation or Recreation—Environmental Protection zone is permissible only when carried out by the Council.
(d) In the Protected Area—Land Between Towns, development other than for the purposes of a dwelling house, bushfire hazard reduction, drainage works or utility installation (not being a gasholder, generating work or electricity substation, except a pole or padmount substation) is prohibited within 100 metres of, or having direct access to, a Classified Road.
(e) In the Recreation—Environmental Protection, Environmental Protection and Environmental Protection—Acquisition and Regional Open Space zones, the use of land for recreation is limited to use for passive recreation.
(f) Development for the purposes of a communication facility is permissible within the Rural Conservation, Residential Bushland Conservation, Residential Investigation, Recreation and National Park zones only when its use is ancillary or incidental to the use for which the land is otherwise put.
(g) Work by the Council in accordance with Section 14 of the Bush Fires Act 1949 shall not require consent.
(h) Development for any purpose authorised by or under the National Parks and Wildlife Act 1974 is permissible in the National Park zone without the consent of the Council.
(i) Where the maximum permissible number of holiday cabins, calculated in accordance with clause 26.1 (in the case of land within the Rural Conservation zone in Megalong Valley) or clause 26.2 (in the case of other land), have been erected on a holding (in the case of the land in Megalong Valley) or a lot (on other land), any development for the purpose of a bed and breakfast establishment, guest house or education establishment (if the latter includes accommodation), excluding a dwelling house, is prohibited.
(j) Where any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or education establishment is carried out on a holding (in the case of land within the Rural Conservation zone in Megalong Valley) or a lot (in the case of other land), and where that development includes or provides accommodation of, or equivalent to, 60 single beds or more, then development for the purpose of any additional accommodation including holiday cabins, but excluding a dwelling house, is prohibited on the holding concerned (in the case of the land in Megalong Valley) or the lot concerned (in the case of other land).
(k) Where any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or education establishment is carried out on a holding (in the case of land within the Rural Conservation zone in Megalong Valley) or lot (in the case of other land), and where that development includes or provides accommodation of, or equivalent to, 60 single beds or less, then any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or an education establishment (if the latter includes accommodation), but excluding a dwelling house, is restricted so that the total accommodation provided on the holding (in the case of the land in Megalong Valley) or the lot (in the case of other land) must not exceed 60 single beds or equivalent.
9.5 In clause 9.4 (i)–(k), holding has the same meaning as in clause 26, and those paragraphs, in so far as they apply to development for the purpose of holiday cabins, apply subject to that clause.
NOTE—
COUNCIL MUST ASSESS EACH DEVELOPMENT APPLICATION ON ITS MERITS. DEVELOPMENT MAY BE RESTRICTED OR NOT PERMITTED, DESPITE THE ZONING, DUE TO PARTICULAR CHARACTERISTICS OF THE SITE.
Table
| Development | Zones* | | RC | BC | RES-BC | RES-I | IND-LT | REC | REC-EP | EP & EPac | NP | R | | Advertising Sign | C | C | C | C | C | C | | | | | | Agriculture | C | | | | | | | | | | | Airport | | | | | | | | | | | | Animal establishment | C | C | | | | | | | | | | Aquaculture | C | | | | | | | | | | | Arts & crafts gallery | C | C | | | | | | | | | | Bed and breakfast establishment | C | C | C | C | | | | | | | | Boarding house | | | | | | | | | | | | Bushfire hazard reduction | C | C | C | C | C | C | C | C | | C | | Business premises | | | | | | | | | | | | Camping site | | C | | | | C | | | | | | Caravan Park | | | | | | | | | | | | Child care centre | C | C | C | | | | | | | | | Communications facility | C | C | C | C | C | C | | | C | | | Community centre | C | C | C | | | C | | | | | | Dam | C | C | C | C | | | | | | | | Depot | C | | | | C | | | | | | | Display garden | C | C | C | C | | C | | | | | | Drainage works | C | C | C | C | C | C | C | C | C | C | | Dwelling house | C | C | C | C | | | | | | | | Educational establishment | C | C | C | C | | | | | | | | Exhibition homes | C | C | C | C | | | | | | | | Extractive industry | | | | | | | | | | | | Forestry | C | | | | | | | | | | | General store | C | | C | C | C | | | | | | | Generating works | | | | | C | | | | | | | Guest house | C | C | | | | | | | | | | Hazardous Industry | | | | | | | | | | | | Hazardous Storage Establishment | | | | | | | | | | | | Helicopter landing site | C | | | | | | | | | | | Heliport | | | | | | | | | | | | High technology industry | | C | | | C | | | | | | | Holiday cabin | C | C | | | | | | | | | | Home industry | C | C | C | C | | | | | | | | Hospital | | | C | | | | | | | | | Hotel | | | | | | | | | | | | Industry | | | | | | | | | | | | Institution | | C | | | | | | | | | | Intensive agriculture | | | | | | | | | | | | Junk yard | | | | | | | | | | | | Keeping of hoofed animals | C | C | C | C | | C | | | | | | Light industry | | | | | C | | | | | | | Low intensity agriculture | C | C | C | | | | | | | | | Medical centre | | | | | | | | | | | | Mine | | C | | | | | | | | | | Motor showroom | | | | | C | | | | | | | National Park | C | C | C | C | C | C | C | C | C | C | | Neighbourhood shopping centre | | | | | | | | | | | | Offensive industry | | | | | | | | | | | | Parking | C | C | C | C | C | C | C | | C | | | Place of public worship | C | C | C | C | C | | | | | | | Public office | | | | | C | | | | | | | Public transport terminal | | | | | C | | | | | | | Recreation area | C | C | C | C | C | C | C | C | C | C | | Recreation facility | C | C | | | C | C | | | | | | Refreshment room | C | C | | | C | | | | | | | Registered club | | | | | C | | | | | | | Residential flat building | | | | | | | | | | | | Resort | | | | | | | | | | | | Retail plant nursery | C | C | | | C | | | | | | | Riding establishment | C | | | | | | | | | | | Roads | C | C | C | C | C | C | C | C | C | C | | Roadside stall | C | | | | | | | | | | | Rural industry | C | | | | | | | | | | | Sawmill | C | | | | | | | | | | | Service station | | | | | C | | | | | | | Shop | | | | | | | | | | | | Stock and sale yard | C | | | | | | | | | | | Subdivision | C | C | C | | C | C | C | C | | C | | Tourist accommodation | | | | | | | | | | | | Transport depot | | | | | C | | | | | | | Utility Installation | C | C | C | C | C | C | C | C | C | C | | Vehicle repair workshop | | | | | C | | | | | | | Veterinary establishment | C | C | | | C | | | | | | | Visitor facilities | C | C | C | C | C | C | C | | C | C | | Walking track | C | C | C | C | C | C | C | C | C | C | | Warehouse or distribution centre | | | | | C | | | | | | | Wholesale plant nursery | C | C | | | C | | | | | |
Note—
See also restrictions under clause 9.3.
Editorial note—
* Zone descriptions have been abbreviated. The Table as gazetted listed the following Zones—
Rural Conservation
Bushland Conservation
Residential Bushland Conservation
Residential Investigation
Light Industrial
Recreation
Recreation—Environmental Protection
Environmental Protection & Environmental Protection—Acquisition
National Park
Regional Open Space
cl 9: Am 28.5.1993; 23.3.2001; 15.6.2001.
cl 9, table: Am 28.5.1993; 3.9.1993.
9A What is exempt and complying development?
9A.1 Development of minimal environmental impact listed in Schedule 1 to Development Control Plan No 33 as adopted by the Council on 24 August 1999 is exempt development, despite any other provision of this plan.
9A.2 Development listed in Schedule 2 to Development Control Plan No 33 as adopted by the Council on 24 August 1999 is complying development if—
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
9A.3 Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 33 as adopted by the Council on 24 August 1999.
9A.4 A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 33 adopted by the Council, as in force when the certificate is issued.
cl 9A: Ins 27.10.2000.
Development criteria
10 Development criteria—general
10.1 Any Development Even where the consent of the Council is not required for development, where relevant to development the criteria in Clauses 10 and 11 apply.
10.2 Access
(a) The Council shall not consent to development which requires vehicular access unless an all-weather vehicular access road leading up to the boundary of the land on which development is to take place from outside that land is provided to a standard satisfactory to the Council. In order to prevent erosion, no such access road shall be permitted on slopes of 33% or greater.
(b) The Council shall not consent to development which requires an on-site access road unless such a road is designed and constructed to minimise grades, to suit contours, and to be stable, taking into account the characteristics of the site and the locality, and should avoid slopes of 33% or greater.
(c) The Council shall not consent to development for the purposes of any additional vehicular access, or if there is no vehicular access, to more than one vehicular access, to land fronting a Classified Road, nor shall any existing vehicular access be relocated without the consent of the Council.
10.3 Building Setback
(a) The Council shall not consent to development for the purposes of a building on land adjoining a Classified Road, unless the setback of the building from the alignment or Proposed New Alignment of the Classified Road is, for a site within the—
| Rural Conservation or Bushland Conservation Zone | 30 metres | | Other Zone | 18 metres | | Protected Area—Land Between Towns (except dwelling house) | 100 metres |
(b) Variation
The Council may reduce the building setback where it is satisfied that—
(i) the exceptional physical characteristics of the site make it necessary to do so, and
(ii) no traffic hazard, ribbon development or adverse visual impact will, or is likely to, occur.
10.4 Design and Character
(a) The Council shall not consent to development for the purposes of a building in the Rural Conservation or Bushland Conservation zone unless it is to be below the skyline when viewed from a public place or unless the Council is satisfied that no alternative location for the building is available on the lot.
(b) The Council shall not consent to development for the purposes of a building unless the building form, its sitting, the colours of the exterior surface of the building, its landscaping and the building materials used are appropriate for the characteristics of the site and the locality, and consistent with any Environmental Design and Management Guidelines for the building or its site.
(c) The Council shall not consent to development unless landscaping is to be retained or provided to the Council’s satisfaction so as to reduce its visual impact, particularly when viewed from a public place. In the Rural Conservation and Bushland Conservation zone where landscaping is to be provided species characteristic of the locality shall be used.
(d) The Council shall not consent to development on land adjacent to land within the Regional Open Space zone, unless it has had particular regard to the impact of that development on the aesthetic, historical, natural and scientific attributes of the land within the Regional Open Space zone.
10.5 Environmental Impact
(a) The Council shall not consent to development unless the development—
(i) incorporates measures specified in accordance with any Development Control Plan that shows requirements for erosion and sedimentation control, and
(ii) avoids unnecessary clearing of indigenous plants, and
(iii) minimises site disturbance and soil erosion, and
(iv) where the development is for the purposes of a dwelling, minimises “cut” or “fill” or both as far as is practical and contains such “cut” or “fill” or both within the dwelling where conditions allow, and
(v) incorporates best practice water management techniques to protect the surface and groundwater regimes and water quality for the site.
(b) Where land on which development is proposed has been cleared, the Council shall not consent to development unless it is to take place as far as is practicable within the cleared area.
(c) The Council shall not consent to subdivision, unless the bushfire protection measures required to protect the land to be subdivided are contained within a perimeter road or the boundaries of the property to be subdivided, and do not have any adverse environmental impact on any water supply catchment area or any development excluded land.
(ca) The Council shall not consent to development, other than subdivision, unless the development—
(i) incorporates effective measures, within the boundaries of the lot concerned, and satisfactory to the Council, to protect the development from bushfire, and
(ii) mitigates the adverse environmental impacts of those measures to the maximum extent practicable.
(d) (Repealed)
(da) The Council shall not consent to development for the purpose of a dwelling house, or to development ordinarily incidental and ancillary to a dwelling house, on any lot created otherwise than in accordance with clause 34.1 (c), unless the development incorporates effective measures, satisfactory to the Council, to ensure that the development has no significant adverse environmental impact on—
(i) any environmentally sensitive vegetation unit (as listed in Schedule 3), and
(ii) any rare or threatened species of flora or fauna or its habitat and any unusual plant community, and
(iii) the hydrological aspect of the locality, and
(iv) any lake, lagoon, or perennial or non-perennial watercourse, and
(v) any significant natural feature, including rock outcrops, rock ledges and cliffs.
(db) The Council shall not consent to development, other than development referred to in clause 10.5 (da), on any lot created otherwise than in accordance with clause 34.1 (c), unless the development incorporates effective measures, satisfactory to the Council, to ensure that the development has no adverse environmental impact on any development excluded land.
(dc) The Council shall not consent to any development (excluding a work for the purpose of providing public utility services), proposed to take place either wholly or partly on development excluded land—
(i) located within any lot created in accordance with clause 34.1 (c), and
(ii) identified when the Council granted consent to the subdivision by which the lot concerned was created,
unless the Council is satisfied, by means of a detailed environmental assessment, that the development has no adverse environmental impact on the development excluded land concerned.
(e) Land which is steeper than 33% (1 in 3) shall for the purpose of this Plan be deemed to be a Protected Area—Environmental Constraint Area.
(f) The Council shall, when considering an application to carry out development on land in the Residential Bushland Conservation zone which is adjacent to land within the National Park zone, make an assessment of the impact of that development on the aesthetic, historical, natural, scenic and scientific attributes of the land within the National Park zone.
10.6 Height of Buildings
(a) The Council shall not consent to development for the purpose of a building which exceeds two storeys.
(b) The Council shall not consent to development for the purpose of a building which exceeds 8 metres in height above natural ground level at any point measured to the highest point of the roof.
(c) The Council shall not consent to development for the purpose of a building the maximum height of which, when measured at the eaves, gutter line or any equivalent building element to a point on the natural ground level immediately below, exceeds 6.5 metres.
10.7 Heritage The Council shall not grant consent to any development unless it has made an assessment of the impact of the proposed development on—
(a) the heritage significance of the site, and
(b) the heritage significance of any site in the immediate locality which, in the opinion of the Council, may be affected.
10.8 Services
(a) The Council shall not consent to development unless it is satisfied that adequate arrangements can be made for drainage, the provision of power supply, water supply or water storage, and the disposal of effluent. The Council shall take account of the requirements of the Water Board where the area is serviced by the Board.
(b) The Council shall not consent to subdivision of land to create additional lots in the Rural Conservation, Bushland Conservation or Residential Bushland Conservation zone unless it is in accordance with any Development Control Plan which incorporates strategies for social infrastructure and for the use of existing community facilities and services in the locality.
(c) Clauses 10.8 (d), (e), (f), (g) and (h) do not apply to land within a Protected Area—Water Supply Catchment Area.
(d) Where a development application is for consent to—
(i) subdivision, or
(ii) other development which the Council has been required by the Water Board to refer to the Board,
the Council shall—
(iii) where on-site disposal of effluent is proposed, require the applicant to furnish a geotechnical and water balance report to establish that the land is capable of such disposal, and
(iv) include in any development consent a provision which requires that satisfactory arrangements be made with the Water Board for the provision of water and sewerage facilities.
(e) The Council shall not consent to the subdivision of land to create additional lots or to the carrying out of development the Council considers is significant in the Residential Bushland Conservation zone unless—
(i) each of the lots to be created which will require effluent disposal or the site on which the development will be carried out is to be serviced by a reticulated sewerage system, and
(ii) the Water Board has previously provided certification to the Council that the sewage treatment plant serving the area concerned has the capacity to accommodate the additional development.
(f) The Council shall not consent to any development that requires effluent disposal, unless—
(i) the development is to be connected to a reticulated sewerage system, or
(ii) the Council is satisfied by means of a geotechnical and water balance report that the effluent may be effectively disposed of on that part of the site on which the development is permissible.
This paragraph does not apply to subdivision of land in the Residential Bushland Conservation zone.
(g) The Council may grant development consent for the erection of a dwelling house served by an effluent pump out system on a lot existing at the appointed day where the sewer is not available. This provision does not extend to dual occupancy.
(h) For the purpose of this clause, geotechnical and water balance report means a report which contains sufficient technical data to meet the requirements specified in any Development Control Plan that shows guidelines for the disposal of waste waters by land application, that includes consideration of—
(i) the waste water treatment system, and
(ii) site selection criteria,
and that demonstrates that the development site is capable of the disposal of effluent without adversely affecting bushland, watercourses, ground water, adjacent land, or environmentally sensitive areas.
10.9 Site Coverage
(a) The Council shall not consent to development (other than development for the purpose of agriculture in the Megalong Valley) on any land zoned Rural Conservation, Bushland Conservation, Residential Bushland Conservation or Residential Investigation, if the total building site cover resulting from carrying out the development, including any part of the site covered by buildings ancillary to a main building (such as tennis courts, swimming pools, sheds and the like) exceeds the total building site cover specified in the following Table—
Table
| Notional development area of the Lot | Total Building Site Cover | | Less than 1,000 m2 | 160 m2 or 40% of the notional development area, up to a maximum of 300 m2, whichever is the greater | | 1,000 m2 or more but less than 2,000 m2 | 300 m2 plus 10% of any amount by which the notional development area exceeds 1,000 m2 | | 2,000 m2 or more | 400 m2 plus 5% of any amount by which the notional development area exceeds 2,000 m2, up to a maximum total building site cover of 2,500 m2 |
(b) Certain development on any lot consisting of or including land having an area of more than 4,000 m2 zoned Bushland Conservation, Residential Bushland Conservation or Residential Investigation must take place within a Principal Development Area, as required by clause 30 and the Table to that clause.
10.10 Storage, Sale or Display of Goods
(a) The storage, sale or display of goods is prohibited—
(i) except at or from roadside stalls, between a road alignment and the principal building on a lot, or
(ii) on or in a road, or
(iii) except at or from roadside stalls, on a lot with frontage to a road where there is no building on that lot or where the building is only of a minor character.
(b) On a Classified Road, the storage, sale or display of goods is prohibited—
(i) between a road alignment and the principal building on a lot, or
(ii) on or in the road, or
(iii) on a lot with frontage to the road where there is no building on that lot or where the building is only of a minor character.
10.11 Tree Preservation
(a) Where it appears to the Council that it is expedient for the purpose of securing amenity, of preserving existing amenity or of protecting the natural environment, it may, for that purpose and by resolution, make an order (a tree preservation order) and may, by like resolution, rescind or vary any such order.
(b) A tree preservation order may prohibit the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removing, placement of soil within the root zone, injuring or wilful destruction of any tree or trees specified in the order except with the consent of the Council and any such consent may be given subject to such conditions as the Council thinks fit.
(c) A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the local government area of the City of Blue Mountains or any divisions of the area.
(d) The Council must, as soon as practicable after the making of a tree preservation order, cause notice of the making of the order to be published in the Gazette and in a newspaper circulating in the locality in which the land described in the order is situated.
(e) A person who contravenes or causes or permits to be contravened a tree preservation order after it has been published in the Gazette is guilty of an offence.
(f) It is a sufficient defence to proceedings under this clause relating to the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removal, placement of soil within the root zone, injury or wilful destruction of a tree to prove—
(i) that the tree was dead and that tree was not a “likely habitat tree” within the meaning of this clause, or
(ii) that the tree posed an imminent danger to property or life, or
(iii) that taking the action was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree was situated.
(g) For the purposes of this clause, likely habitat tree means any tree naturally occurring (being native vegetation or remnant native vegetation) which has developed hollows in the trunks or limbs, and which is suitable for nesting birds, arboreal marsupials (such as possums) or native placental mammals (such as bats) or which is supporting the growth of locally indigenous or endemic epiphytic plants (such as orchids).
cl 10: Am 28.5.1993; 26.9.1997; 24.12.1999; 23.3.2001; 2005 No 98, Sch 2.4 [1].
11 Development criteria—protected areas
11.1 General In addition to the provisions of Clause 10, the following criteria apply in the “Protected Areas” designated on the Map.
11.2 Canopy Conservation The Council shall not consent to any development involving the clearing of trees in an area designated as Protected Area—Canopy Conservation, unless it is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the visual and ecological effects of the proposed clearing will not compromise the objectives for the Canopy Conservation Protected Area.
11.3 Environmental Constraint Area The Council shall not consent to development in a Protected Area—Environmental Constraint Area, unless it is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives of the Protected Area that are relevant to the development and will comply with the development criteria in clause 10 that are relevant to the development.
11.4 Escarpment Area
(a) The Council shall not consent to any development involving the clearing of vegetation in an area designated as Protected Area—Escarpment Area, unless it is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the visual and ecological effects of the proposed clearing will not compromise the Protected Area—Escarpment Area objectives.
(b) No building, other than of single storey construction, shall be erected in a Protected Area—Escarpment Area if it protrudes above the vegetation canopy of the immediate locality, or the height of adjacent buildings.
11.5 Land Between Towns
(a) In Protected Area—Land Between Towns, development is prohibited it is screened from view from any public place to the satisfaction of the Council by the retention of existing vegetation or by planting indigenous vegetation.
(b) Subdivision of land fronting a Classified Road is prohibited unless all of the proposed lots have a single point of vehicular access to the Classified Road, whether such access is by way of a public road or otherwise.
11.6 Water Supply Catchment Area
(a) Any development consent must include a provision which requires that satisfactory arrangements be made with the Water Board for the provision of water and sewerage facilities.
(b) Within a Protected Area—Water Supply Catchment Area, the Council shall not consent to any development that requires effluent disposal unless the development is to be connected to a reticulated sewerage system.
(c) The Council may grant development consent for the erection of a dwelling house served by an effluent pump out system on a lot that existed at the appointed day where the sewer is not available. This provision does not extend to dual occupancy.
cl 11: Am 28.5.1993; 23.3.2001; 2006 (289), Sch 1.1.
Special provisions
12 Acquisition of land within the Environmental Protection—Acquisition zone
The owner of any land within the Environmental Protection—Acquisition zone may by notice in writing require the Council to acquire that land. On receipt of any such notice the Council shall acquire the land to which the notice relates.
13 Advertising signs
13.1 Notwithstanding the provisions of Clause 9, the Council may grant development consent for the erection or use of a directional sign by the Council, only if the sign advertises solely for the purpose of directing the public to tourist facilities, places of scientific, historic or scenic interest or to commercial and industrial areas.
13.2
(a) The Council may grant development consent for the erection or use of an advertising sign only—
(i) where the sign relates to the purpose for which the premises on the land are, or are to be, used, or
(ii) where the sign relates to the services available from the premises on the land.
(b) A sign erected in accordance with Clause 13.2 (a) shall have an area no greater than 0.7 square metres, and shall—
(i) where it is on a building, not be located above the parapet or eaves-level of the building, or
(ii) where it is not a building, not be higher than 5 metres above natural ground level.
13.3 Development consent is not required for one sign no larger than 0.3 square metres relating to a home industry or home business provided that the sign only contains information relating to one or more of the following—
(a) the use carried out on the land,
(b) the name of the person or business carrying on that use,
(c) particulars of the services available and/or any affiliation with any trade or other association.
13.4 Development consent is not required for an advertising sign not exceeding 0.3 square metres for the sale or lease of the land on which the sign is erected.
13.5 Notwithstanding the other provisions of this clause, the Council may grant development consent for a period not exceeding one month to an advertising sign to be erected—
(a) for community or charitable purposes, or
(b) advertising the sale by public auction of the land on which the sign is erected.
14 (Repealed)
15 Ancillary or incidental development
Development which is ancillary or incidental to a purpose for which land may be used with consent, is prohibited unless there is a current consent to use the land for that purpose, or the land is lawfully used for that purpose.
15A Bed and breakfast establishment
15A.1 In the Residential Bushland Conservation zone, the owner of a bed and breakfast establishment must be a permanent resident of the dwelling house.
15A.2 Short-term paid accommodation provided at a bed and breakfast establishment shall be for no more than six visitors at any one time.
15A.3 A dwelling house in the Residential Bushland Conservation zone must not be used as a bed and breakfast establishment unless it is connected to a reticulated sewerage system. A dwelling house in the Rural Conservation zone or the Bushland Conservation zone must not be used as a bed and breakfast establishment unless it is connected to a reticulated sewerage system or is on a lot having an area of at least 1 hectare.
cl 15A: Ins 3.9.1993.
16 Bushrock
Bushrock shall not be removed from the land unless from a site of a work for which consent of the Council has been granted.
17 Crown development and public utilities
17.1 Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit—
(a) the carrying out of development of any description specified in this Clause, or
(b) the use of existing buildings of the Crown by the Crown.
17.2 The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of—
(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
(b) the erection within the limits of a railway station of buildings for any railway purpose,
but excluding—
(c) the construction of new railways, railway stations and bridges over roads,
(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 the design thereof of railway stations or bridges,
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
17.3 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 purposes of their undertakings, that is to say—
(a) development of any description at or below the surface of the ground,
(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,
(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,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in process of being acquired for the purposes thereof before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or
(f) any other development, except—
(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 the design or external appearance thereof, of buildings, or
(ii) the formation or alteration of any means of access to a road.
17.4 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—
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b) the formation or alteration of any means of access to a road.
17.5 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—
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b) the formation or alteration of any means of access to a road.
17.6 The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except—
(a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings so as materially to affect the design or external appearance thereof, or
(b) the formation or alteration of any means of access to a road.
17.7 The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any Classified Road, except the widening, realignment or relocation of such road.
17.8 The erection of any sign required in connection with the movement of traffic by road.
17.9 The carrying out of any forestry work by the Forestry Commission, a 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.
17.10 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—
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or purposes thereof, or
(b) any development designed to change the use or purpose of any such reserve.
18 (Repealed)
19 Definitions
Schedule 4 has effect.
20 Development in adjoining zone
A person may, with the consent of the Council, extend development onto land on which that development would, in the absence of this clause, be prohibited provided that—
(a) the development is permissible on the land from which it is extended,
(b) the development is carried out within 20 m of the zone boundary, and
(c) the Council is satisfied that the objectives of the zone within which the development would otherwise be prohibited are not prejudiced.
21 Dwelling house
(a) Where a dwelling house is permissible under the Plan, no more than one dwelling house may be erected on a lot.
(b) A person may, with the consent of the Council, erect a second dwelling house on a lot where a dwelling house already exists, provided that the new dwelling house is intended to wholly replace the existing dwelling house.
22 Exhibition homes
A person may, with the consent of the Council, use a dwelling house as an exhibition home for up to 6 months, but only where the land on which the dwelling house is erected does not have frontage to, and is not within 50 metres of, a Classified Road, and is not located in a cul-de-sac.
23 (Repealed)
24 General store
The Council shall not grant consent to a general store on land within 2 kilometres by the shortest practicable route by road (or within 1 kilometre by the shortest practicable route by road when the use of such a route involves crossing the Great Western Highway) of any site being lawfully used for a general store or a shopping centre, or where Council consent for such a use of a site within that distance is still in force.
cl 24: Subst 28.5.1993.
25 Heritage conservation
25.1 A person shall not, without the consent of the Council, in respect of a building, work, relic, place or tree that is a heritage item—
(a) demolish or alter the building or work, or
(b) damage or move the relic, or excavate for the purpose of exposing or moving the relic, or
(c) damage or despoil the place or tree, or
(d) damage or remove any tree or horticultural features on the land on which the building, work, or relic is situated or on the land which comprises the place.
25.2 A person shall not, without the consent of the Council, in respect of a Heritage Conservation Area—
(a) demolish or alter a building or work within the area, or
(b) damage or move a relic, or excavate for the purpose of exposing or moving a relic, within the area, or
(c) damage or despoil a place, tree or other horticultural feature within the area.
25.3 The Council shall not grant consent to a development application in respect of—
(a) a heritage item, or
(b) development likely to affect a heritage item, or
(c) development in a Heritage Conservation Area,
unless it has assessed the effect that the development would have on the heritage significance of the heritage item or Heritage Conservation Area.
Note—
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).
25.4, 25.5 (Repealed)
25.6 The Council may grant consent to development, other than subdivision, for any purpose, of a building that is a heritage item or is within a Heritage Conservation Area, or of the land on which the building is erected, even though development for that purpose would otherwise be prohibited by this plan, if it is satisfied that—
(a) the proposed development would not adversely affect—
• the heritage significance of the building or any Heritage Conservation Area within which the building is situated, or
• the amenity of any Heritage Conservation Area within which the building is situated, or
• the heritage significance and amenity of the surrounding neighbourhood, and
(b) when the building is a heritage item—
• the heritage item will be most appropriately conserved if used for the proposed development, and
• a conservation plan, prepared for the heritage item, supports the proposed development.
25.7 In this clause—
Conservation plan means a document establishing the heritage significance of a heritage item or of a building within a Heritage Conservation Area and identifying all the steps needed to be taken to retain that significance in its future use and development. In preparing the conservation plan, regard is to be had to the publications “The Conservation Plan” by James Semple Kerr, The National Trust of Australia (NSW), 3rd ed 1990 and “The Illustrated Burra Charter” by P Marquis-Kyle and M Walker; Australia ICOMOS Inc., 1992, copies of which are deposited in the offices of the Council of the City of the Blue Mountains.
cl 25: Am 21.2.1997; 2008 (571), Sch 3.16 [2] [3].
26 Holiday cabin
26.1 On land within the Megalong Valley within the Rural Conservation zone—
(a) the erection of a holiday cabin is prohibited where the number of cabins after its erection would exceed a density of one cabin per 10 hectares of notional development area, and
(b) the number of cabins on a holding must not exceed 10, and
(c) if there are two or more holiday cabins on a lot, all the holiday cabins shall have a common access from a public road.
26.2 On other land—
(a) the erection of a holiday cabin is prohibited where the number of cabins would exceed a density of one cabin per hectare of notional development area, and
(b) the number of cabins on a lot must not exceed 10, and
(c) if there are two or more holiday cabins on a lot, all the holiday cabins shall have a common access from a public road.
26.3 In this clause, holding means all contiguous land held in the same ownership on 27 December 1991.
cl 26: Am 28.5.1993; 23.3.2001.
27 Home business
A home business shall not require the consent of the Council and nothing in this plan shall be constructed as restricting or prohibiting or enabling the Council to restrict or prohibit home business.
28 Keeping of hoofed animals
28.1 This clause applies to land in the Blue Mountains Ridge, as shown on Sheet 1 of the Map, except for Shipley Plateau and Sun Valley.
28.2 The Council shall not grant consent to the use of land for the keeping of hoofed animals, unless the development incorporates effective measures, satisfactory to the Council, to ensure that the development has no adverse environmental impact on any development excluded land.
28.3 Consent of the Council is not required for the use of land for the keeping of hoofed animals where the stocking rate is less than 1 such animal per 5 hectares of notional development area.
28.4 The Council shall not consent to the use of land for the keeping of hoofed animals on a lot with an area of 1 hectare of less unless that lot was in existence at the appointed day, or was a lot created after the appointed day as a result of a boundary adjustment or a consolidation of more than one lot.
cl 28: Am 23.3.2001.
29 Minimum area and consolidation requirements
29.1 Where a Minimum Area Requirement is specified on the Map for any land, the Council shall not consent to development (other than for the purpose of bushfire hazard reduction) on a lot of that land unless the lot contains land within the Bushland Conservation zone or Residential Bushland Conservation zone equal to or greater than the Minimum Area Requirement.
29.2 Where a Consolidation Requirement is shown on the Map, development (other than an existing use or for the purpose of bushfire hazard reduction) is prohibited unless all adjoining lots with this subscript which are shown edged with a heavy black line on the Map have been consolidated into one lot.
cl 29: Subst 28.5.1993.
30 Principal Development Area
30.1 This clause applies to any lot consisting of or including land having an area of more than 4,000 m2 zoned Bushland Conservation, Residential Bushland Conservation or Residential Investigation.
30.2 No development shall take place on a lot to which this clause applies unless—
(a) in the case of a lot created in accordance with clause 34.1 (c), the development takes place within a Principal Development Area, except where that development is—
(i) subdivision or development ancillary to subdivision, or
(ii) for the purpose of providing access or public utility services,
(b) in the case of a lot created otherwise than in accordance with clause 34.1 (c), the development takes place in a Principal Development Area, except where that development is—
(i) for the purpose of bushfire hazard reduction, or
(ii) ancillary or incidental to a dwelling house which was in existence at 27 December 1991, but only if any clearing of vegetation that is involved is not located on any development excluded land and is carried out on an area of less than 50 m2, and the total area cleared outside the Principal Development Area does not involve more than 5% of the notional development area of the lot, or
(iii) for the purpose of providing access or public utility services, or
(iv) subdivision or development ancillary to subdivision.
30.3 A Principal Development Area shall—
(a) have a maximum total area, to be determined with regard to the notional development area of the lot, as specified in the Table to this clause, and
(b) subject to clause 30.4, not include any development excluded land, and
(c) have boundary setbacks of at least 15 metres, where the width of the lot at the building line is 50 metres or more, or boundary setbacks of least 10 metres, where the width of the lot at the building line is less than 50 metres, and
(d) be located to the Council’s satisfaction.
Table
| Notional development area of the Lot | Maximum Total Area of Principal Development Area (applies to land described in clause 30.1) | | Less than 2,000 m2 | 750 m2 or the notional development area, whichever is the greater | | 2,000 m2 or more | 2,000 m2 or 25% of the notional development area, up to a maximum of 5,000 m2, whichever is the greater |
30.4 Clause 30.3 (b) shall not apply to a Principal Development Area within any lot where the part of the lot that is not development excluded land, and that is so configured as to be capable of being the site of a dwelling house, and of accommodating development ordinarily ancillary or incidental to a dwelling house, has a total area of less than 750 m2, but in that event the Principal Development Area shall include the minimum practicable amount of development excluded land and in no event shall the amount of development excluded land within a Principal Development Area exceed 750 square metres.
30.5 The Council shall not consent to development on a lot to which this clause applies unless it is or will be screened from view from outside the lot either by—
(a) the retention of existing vegetation, within the lot, or
(b) the planting of indigenous vegetation within the lot which will achieve such screening within a time frame considered by the Council to be reasonable.
cl 30: Subst 28.5.1993; 23.3.2001.
31 Public notice of certain applications
(1) The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to, and in respect of, development for the purposes of the following in the same way as those provisions apply to, and in respect of, designated development—
Child care centre
Educational establishment
Home industry
Hospital
Place of public worship
Recreation facility
Registered club
and those provisions so apply to and in respect of the demolition of a heritage item or of a building, work, relic or place within a Heritage Conservation Area, unless the demolition is partial and in the opinion of the Council will be of a minor nature and will not adversely affect the heritage significance of the heritage item or Heritage Conservation Area.
(2) In this clause—
demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.
cl 31: Am 3.9.1993; 2019 (659), Sch 2.3[1].
32 Regional Open Space
32.1 The Council shall not consent to the carrying out of development on land zoned Regional Open Space unless, in addition to those matters listed in Clauses 10 and 11 that are of relevance, it has made an assessment of—
(a) the extent to which the land will be disturbed or modified by works and vehicular access associated with the development,
(b) the extend to which the land has been previously disturbed or modified with particular regard to—
(i) weed infestation,
(ii) drainage,
(iii) clearing, and
(iv) construction,
(c) the adequacy of measures to safeguard and rehabilitate the environment,
(d) the feasibility of situating the development away from ridge tops or escarpment edges,
(e) an alternative site for the development,
(f) an alternative method of carrying out the development,
(g) measures proposed for the proper disposal of effluent, and
(h) land capability and soil erosion hazard.
32.2 Except as provided by clause 32.4, the Council shall not grant consent to a development application to erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purposes for which the land is zoned.
32.3 A person shall not carry out any development upon land zoned Regional Open Space so as to render it unfit for the purpose for which it is zoned.
32.4 Where it appears to the Council that the purpose for which land is zoned Regional Open Space cannot be carried into effect within a reasonable time after the land first became so zoned the owner of the land may, with the consent of the Council, carry out development on that land for a different purpose.
32.5 Acquisition of land within Regional Open Space zone by corporation
(a) The owner of any land within the Regional Open Space zone may, by notice in writing, require the corporation to acquire that land.
(b) Upon receipt of the notice, the corporation shall acquire the land to which the notice relates.
32A Roads
With the consent of the Council a person may carry out development on a road for any purpose for which development may be carried out on land which is contiguous and adjacent to the road.
cl 32A: Ins 28.5.1993.
33 Specific uses
Where a specific use is shown on the Map by overlaid lettering, that use is permissible with the consent of the Council.
34 Subdivision—further provisions
34.1 General Provisions
(a) The Density Control Provision shown on the Map specifies the maximum number of lots per hectare into which land may be subdivided with the consent of the Council.
(b) The Council may consent to subdivision of any land covered by a Density Control Provision shown on the Map only if the total number of lots (other than lots for a public purpose) existing after the subdivision will not exceed the product of the notional development area of the original lot, in hectares, multiplied by the maximum number of lots per hectare specified in the Density Control Provision in respect of the original lot, rounded down to the nearest whole number.
(c) The Council may consent to subdivision of any land that is zoned Bushland Conservation or Residential Bushland Conservation only if each new lot proposed to be created, (other than lots for a public purpose, and other than lots created as part of a cluster housing development), and intended to be the site of a dwelling house, includes land with a minimum area of 750 m2, no part of which is development excluded land, and which is so configured as to be capable of being the site of a dwelling house and accommodating development ordinarily incidental and ancillary to a dwelling house.
(d) The Council may consent to subdivision of any land for the purpose of cluster housing development only if it is satisfied that—
(i) all development for the purpose of any dwelling house proposed to be erected as part of the cluster housing development, and
(ii) all development ordinarily incidental and ancillary to a dwelling house,
is not to be located on any development excluded land.
34.2 Rural Conservation Zone—Special Provisions
(a) The Council may only consent to the subdivision of land in the Rural Conservation Zone if—
(i) it is for a boundary adjustment where no additional lots are created, or
(ii) in Mt Irvine, Mt Tomah, Mt Wilson and Berambing, it is for the purpose of creating an additional lot from an original lot, (provided that the original lot has an area of at least 20 hectares), or
(iii) it is for the purpose of providing land for public purposes.
(b) In any subdivision permitted under clause 34.2 (a) (i) or (ii), each lot in the Rural Conservation Zone created by the subdivision shall have a minimum area of—
(i) 1 hectare for land in Mt Irvine, Mt Tomah, Mt Wilson, Berambing and Megalong Valley, or
(ii) 5,000 m2 elsewhere.
34.3 Bushland Conservation Zone—Special Provisions
(a) Where a Density Control Provision is shown on the Map, subdivision of the land, in accordance with clause 34.1, to a density exceeding that shown is prohibited. Each resulting lot shall have an area of at least 5,000 m2 zoned Bushland Conservation that includes a Principal Development Area.
(b) The Council may only consent to subdivision of land shown BC (NS), BC (CONS) or BC with a Minimum Area Requirement on the map if—
(i) it is for a boundary adjustment where no additional lots are created and each resulting lot has an area of at least 5,000 m2 zoned Bushland Conservation that includes a Principal Development Area, or
(ii) it is for the purpose of providing land for public purposes.
34.4 Residential Bushland Conservation Zone—Special Provisions
(a) Where a Density Control Provision is shown on the Map, subdivision of the land, in accordance with clause 34.1, to a density exceeding that shown is prohibited.
(b) For the purposes only of clause 34.1, the notional development area of that part of a lot zoned RES-BC and subject to a Density Control Provision of (8/ha) shown on the Map shall not include any land which is steeper than 20%.
(c) The Council may only consent to subdivision of land shown RES-BC (NS), RES-BC (CONS) or RES-BC with a Minimum Area Requirement on the Map if—
(i) it is for a boundary adjustment where no additional lots are created, or
(ii) it is for the purpose of providing land for public purposes.
34.5 Residential Investigation Zone—Special Provisions The Council may only consent to subdivision of land shown RES-I on the Map if—
(a) it is for a boundary adjustment where no additional lots are created, or
(b) it is for the purpose of providing land for public purposes.
34.6 Light Industrial Zone—Special Provisions The Council may consent to subdivision of land within the Light Industrial zone only if all lots are connected to a reticulated sewer.
34.7 Recreation Zone—Special Provisions The Council shall not consent to subdivision of land within the Recreation zone unless the only purpose of the subdivision is to provide land for public purposes.
34.8 Recreation—Environmental Protection Zone—Special Provisions The Council shall not consent to subdivision of land within the Recreation—Environmental Protection zone unless the only purpose of the subdivision is to provide land for public purposes.
34.9 Environmental Protection Zone—Special Provisions The Council shall not consent to subdivision where any lot created consists entirely of land within the Environmental Protection zone unless the only purpose of the subdivision is to provide land for public purposes.
34.10 Environmental Protection—Acquisition Zone—Special Provisions The Council shall not consent to subdivision of land within the Environmental Protection—Acquisition zone unless the only purpose of the subdivision is to provide land for public purposes.
34.11 Regional Open Space Zone—Special Provisions The Council shall not consent to the subdivision of land within the Regional Open Space zone unless the subdivision is for the purpose of boundary adjustment.
34.12 Proposed New Alignment—Special Provisions The Council shall consent to a subdivision of land affected by a Proposed New Alignment only where the land between the Classified Road and the Proposed New Alignment does not form part of any lot other than a lot consisting entirely of land affected by the Proposed New Alignment.
34.13 Subdivision of land otherwise prohibited This clause does not apply to land in the Escarpment Area or Land Between Towns. Notwithstanding any other clause of this plan, the Council may consent to the subdivision of land within more than one zone if—
(a) part of the land is zoned Rural Conservation or Bushland Conservation (No Subdivision) or Residential Bushland Conservation (No Subdivision) or Residential Investigation, and
(b) the remainder of the land is within any one or more of the other zones referred to in paragraph (a), whether or not the remainder also contains some land zoned Environmental Protection, and
(c) as a result of the subdivision, at least one part of the land within a particular zone referred to in paragraph (a) will be wholly contained within one of the lots created by the subdivision, whether or not that lot also contains some land zoned Environmental Protection.
cl 34: Am 28.5.1993; 9.9.1994; 23.3.2001; 2019 (659), Sch 2.3[2].
35 Temporary use of land
The Council may grant consent to the carrying out, for a maximum period of 28 days, whether consecutive or not, in any twelve month period, of development for any purpose otherwise prohibited in a zone, but only if the Council imposes a condition on the grant of consent prohibiting the making of permanent changes to the land or buildings on the land.
36 Classification and reclassification of public land as operational land
(1) The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
(2) Land described in Part 1 of Schedule 6—
(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(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.
(3) Land described in Columns 1 and 2 of Part 2 of Schedule 6, 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 6.
(4) In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 6, means the local environmental plan that inserted the description of the land into that Part.
(5) Before the relevant amending plan inserted the description of land into Part 2 of Schedule 6, the Governor approved of subclause (3) applying to the land.
cl 36: Ins 2013 (380), Sch 1 [1].
37 Exceptions to development standards
(1) The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
Note—
The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
(4) The consent authority must keep a record of its assessment carried out under subclause (3).
(5) (Repealed)
(6) Development consent must not be granted under this clause for a subdivision of land in Zone: Rural Conservation (RC), Zone: Bushland Conservation (BC), Zone: Residential Bushland Conservation (RES-BC), Zone: Residential Investigation (RES-I), Zone: Recreation—Environmental Protection (REC-EP), Zone: Environmental Protection (EP) or Zone: Environmental Protection—Acquisition (EPac) if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
Land in Zone: Rural Conservation (RC) includes land in Berambing, Mount Irvine, Mount Wilson, Mount Tomah, Shipley Plateau, Sun Valley and Megalong Valley.
(7) (Repealed)
(8) This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.
cl 37: Ins 2019 (659), Sch 1.3. Am 2023 (524), Sch 1.1[1].
38 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
cll 38: Ins 2019 (659), Sch 2.3[3].
39 Conversion of fire alarms
(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2) The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3) Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5) In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
cll 39: Ins 2019 (659), Sch 2.3[3].
40 Standards that cannot be used to refuse consent—playing and performing music
(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.
(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3) In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
cl 40: Ins 2020 (724), Sch 3.
41 Flood planning
(1) The objectives of this clause are as follows—
(a) to minimise the flood risk to life and property associated with the use of land,
(b) to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c) to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d) to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2) Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a) is compatible with the flood function and behaviour on the land, and
(b) will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c) will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d) incorporates appropriate measures to manage risk to life in the event of a flood, and
(e) will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3) In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a) the impact of the development on projected changes to flood behaviour as a result of climate change,
(b) the intended design and scale of buildings resulting from the development,
(c) whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d) the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4) A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5) In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Flood Risk Management Manual.
Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
cl 41: Ins 2022 (629), Sch 2[2]. Am 2023 (609), Sch 2.2[2] [3].
42 Canal estate development prohibited
(1) Canal estate development is prohibited on land to which this Plan applies.
(2) In this clause—
canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
cl 42: Ins 2022 (629), Sch 2[4].
Schedule 1 Development for additional purposes
A person may, with the consent of the Council, carry out development of the land described in this Schedule as specified in respect of the land, despite other provisions of this plan. Unless inconsistent with the specific provisions of this Schedule, the remainder of this plan shall apply.
Lot 1, DP 575204, No 54 Great Western Highway, Valley Heights: subdivision into two lots.
Portions 59, 60, 61, 62 Smith’s Road, Mt Wilson: subdivision of each lot into two lots.
Shipley Plateau, Blackheath—
Lot 1, DP 603618, Mt Blackheath Road: subdivision into two lots,
Lot 1, DP 328231, Mt Blackheath Road: subdivision into two lots,
Portion 42 Ph Kanimbla Shipley Road: subdivision into two lots,
Lot 2, DP 324227, Shipley Road Blackheath: subdivision into three lots, and
Lot 2, DP 533697, Mt Blackheath Road, Shipley Road, Blackheath: subdivision into three lots.
Lot 41, DP 614720 Grose Road, Faulconbridge: subdivision to a density of 4 lots/ha, but only if—
(a) a mining and restoration plan for the quarry to the satisfaction of the Council has been submitted within 12 months of the appointed day, and
(b) the work included in the mining and restoration plan for the quarry approved by the Council has been substantially completed.
Lot 1, DP 793331, Great Western Highway, Wentworth Falls: development on so much of the land as is shown BC (NS) on the Map for the purposes of a recreational establishment flora and fauna park, but only if access is provided from the Great Western Highway, over that part of the land zoned Environmental Protection, to the land so shown and the Council is satisfied—
(a) that the visual impact of the development will not prejudice the planning principles recommended for a visual and environmental buffer between Bullaburra and Wentworth Falls, and
(b) that run-off from hard surfaces is disposed of and treated so that no adverse environmental effect occurs, and
(c) that adequate arrangements have been made for traffic safety on the Great Western Highway, Wentworth Falls, by restricting entry to and exit from, the land to left-hand turn movements, and
(d) that any development is connected to the Water Board sewer.
The Council shall not grant consent to any such development after the expiration of 12 months from the appointed day, unless the consent is for 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 under this item.
Lots 19–52, DP 23365, and lots 7–19, DP 27617, Heather Glen Road, Winmalee—erection of a dwelling house on each lot which is less than 2,000 m2 in area, but only if the lot has the same boundaries as it had on 5 July 1983.
Lot 1, DP 300226, and Lot 214, DP 751657, Echo Point Road, Katoomba: use of the land for the purposes of a refreshment room and an arts and craft gallery, but only if—
(a) the floor space ratio for such of the gross floor area as is situated above natural ground level is not greater than 0.5:1, and
(b) the height of any building does not exceed one storey above natural ground level, and
(c) the maximum height of any building does not exceed 7 metres above natural ground level, and
(d) the area of the site covered by a building does not exceed 40%, and
(e) the setbacks to allow for landscaping and service access are at least the following—
| Boundary | Setback from boundary | | west | 6m | | south | 12m | | north | 3m | | east (street) | Nil |
(f) the maximum linear elevation to Echo Point Road is 30m.
Lots 12–19, 22–25 and 39–48, DP 7047 and Lot 8, DP 30397 Herbert Street, Leura—
(a) (Repealed)
(b) recreation facility,
(c) refreshment room,
(d) retail plant nursery,
but only after the consolidation of all the subject lots, in accordance with clause 29.
Lots 1 and 2, DP 22156, Part Lot B, DP 959609, Lot 2, DP 236203, and Lot 63, DP 751627, Govetts Leap Road, Blackheath—
integrated housing and subdivision development, which means—
development in the course of which a subdivision is carried out, and buildings, private and public open space, roads, pathways and landscaping are designed and constructed, as an entity, except that development as an entity is not required where the density does not exceed two dwellings per hectare,
guest house,
hotel,
recreation facility,
refreshment room,
resort,
tourist accommodation.
Lot 3, DP 12641, No 16 Waratah Road, Warrimoo, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan 1991 (Amendment No 14)”: subdivision into two lots but only if the existing industrial building is contained in a separate lot of no greater than 2,300 m2 with separate frontage to and access from Waratah Road.
Lot 21 DP 626099, Bells Line of Road, Mt Tomah, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan 1991 (Amendment No 16)”: subdivision into three lots.
Part Lot 303 DP 751644, Nos 12–20 Great Western Highway, Mt Victoria, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan 1991 (Amendment No 21)”: subdivision into two lots, but only if—
(a) the land zoned Bushland Conservation (No Subdivision) fronting Mount York Road is wholly contained within one of the lots created, and
(b) the land zoned Bushland Conservation (No Subdivision) fronting the Great Western Highway is wholly contained within the other lot created.
Lot 2, DP 862626, Nos 24–30 Hilton Road, Valley Heights, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan 1991 (Amendment No 27)”—subdivision into two lots, but only if one lot has an area greater than 1,500 square metres and the other lot is wholly contained within the Residential Bushland Conservation Zone.
Lot 33, DP 5936, 61 Grose Street, Leura: development for the purposes of 2 dwelling houses.
sch 1: Am 28.5.1993; 4.3.1994; 13.5.1994; 1.7.1994; 20.6.1997; 5.3.1999; 2010 (313), cl 4; 2020 (667), Sch 1.1.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Objectives and implementation
1 Name of plan
This plan may be cited as Blue Mountains Local Environmental Plan 1991.
2 Land to which this plan applies
This plan applies to certain land within the City of Blue Mountains, being—
(a) that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 1991”, or
(b) that land not shown on the Map within the meaning of Blue Mountains Local Environmental Plan 2005.
cl 2: Subst 28.5.1993; 2005 (633), cl 3 (2).
3 Objectives
3.1 The principal objectives for the City are—
(a) Maintain the unique character of the City
To identify and protect the Blue Mountains’ natural and cultural heritage, and the distinctive character and amenity of local communities; to recognise and maintain the positive qualities of the traditional lifestyle enjoyed by the residents of the City; and to recognise the importance of the Blue Mountains National Park as the setting of the City.
(b) Urban Containment
To concentrate and contain the spread of urban development.
(c) Environmentally sensitive design and bushfire protection
(i) To locate, design, carry out and service development so that it does not exceed land capability and other physical constraints of the Blue Mountains.
(ii) To implement a bush fire management plan which will not cause unacceptable impact on Water Supply Catchment Areas or environmentally sensitive areas.
(iii) To ensure that new development is located and managed so as to reduce the threat from bushfire.
Identifies a long, detailed list of environmentally sensitive vegetation communities and specifies that land containing those communities is development-excluded or requires special assessment (Schedule 3; definition of “development excluded land” in Schedule 4).
Regulates subdivision tightly, with density controls, minimum lot area and consolidation requirements shown on the Map and specific subdivision rules by zone (clause 34; clause 29; clause 26 for holiday cabins).
Includes modern, targeted rules inserted by later amendments: exemptions and complying development linked to a Council Development Control Plan (9A); a local exceptions-to-development-standards power (clause 37); flood-planning considerations (clause 41); a ban on canal-estate development (clause 42); music/noise-related constraints on refusing consent for licensed premises (clause 40); and other technical inserts (clauses 36–39).
Provides procedural protections: public notice requirements for certain proposals (clause 31); referral requirements to specialist agencies (for example Water Board referrals in clause 11.6 and Schedule 5/58A equivalents); and requirements for geotechnical and water-balance reports where on-site effluent disposal is proposed (clause 10.8(d),(h)).
Who is affected
Landowners and prospective developers in the Blue Mountains whose land falls within the Map: their ability to build, subdivide, run businesses, or change land use is governed by the plan. Consent is generally required for most development and is controlled by the Council (clauses 9, 5).
Residents and local businesses: the plan regulates building form, setbacks, site coverage, and land-use mix that affect neighbourhood character, access, services and local amenity (clauses 3, 6, 10).
Owners of heritage items and owners of land containing environmentally sensitive vegetation or watercourses: those owners face additional approval hurdles and restrictions (clause 25; Schedule 3; definition of development excluded land in Schedule 4).
Specific owners listed in Schedule 1: the plan gives tailored permissions or exceptions to certain lots (Schedule 1).
Service agencies (Water Board, Heritage Council, Fire & Rescue NSW where relevant) because the plan requires referral or compliance with those bodies’ requirements in some cases (clauses 10.8(d),(h); clause 31; clause 17; clause 11.6).
Why it matters — stated purpose and how that maps to mechanics
The plan’s stated principal objectives are to retain the Blue Mountains’ character and natural and cultural heritage, to contain urban spread, to ensure environmentally sensitive design (including bushfire protection), to protect water quality and catchments, to encourage sympathetic economic activity (tourism) and to promote good design (clause 3).
Mechanically, those objectives are implemented by: zoning and protected-area layers that restrict where development can occur (clauses 6, 7, 8); strict subdivision density, minimum lot sizes and consolidation requirements to limit fragmentation (clauses 29, 34); environmental-exclusion rules and required environmental assessments for sensitive areas (Schedule 3; clauses 10.5, 11.3); heritage consent and assessment requirements (clause 25, Schedule 2); and infrastructure/service conditions such as sewer connection and geotechnical/water balance reporting (clause 10.8).
Incentives, trade-offs and practical effects to watch for
Who pays: owners/developers bear most compliance costs — development applications, specialist reports (geotechnical, water-balance, environmental assessments), infrastructure upgrades or sewer connections (clause 10.8(d),(h); 10.8(e),(f)). Where subdivision is restricted, landowners may see lower extractable value or may need to consolidate to gain consent (clauses 29, 34).
Who benefits: community-wide preservation of landscape, heritage and water quality is intended. Particular, concentrated benefits accrue to owners of land in protected categories who may enjoy restricted neighbouring development (protected-area buffering). Conversely, specific owners listed in Schedule 1 obtain discrete development rights or carve-outs that give a private benefit relative to other owners (Schedule 1).
Effects on private enterprise and competition: the plan restricts some commercial activities in certain zones (Table to clause 9) and caps densities, which reduces the scope for large-scale residential or tourist accommodation unless specifically allowed (clauses 9; 26; Schedule 1). This will tend to limit housing supply growth in constrained areas and shape the type of enterprises that can operate (e.g. small-scale tourism allowed but large resort restricted).
Contract freedom and property use: the plan imposes substantial constraints on how land may be used (many uses prohibited outright in certain zones), limiting owners’ freedom to redevelop or subdivide (clauses 9; 34). Some uses are permitted only with extensive conditions (e.g. sewer connection, buffer planting, screening) (clause 10.8; clause 30.5).
Discretion and implementation risk: many provisions are expressed as “The Council shall not grant consent unless it is satisfied” with various subjective tests (visual impact, environmental impact, adequate screening). That concentrates decision power in Council and creates uncertainty for applicants (clauses 9.3; 10.1–10.5; 11.1–11.6).
Compliance burden and transaction costs: detailed schedules (heritage list, vegetation communities) and technical report requirements raise the cost and time needed to obtain consent. The plan also requires referrals to external agencies in several circumstances which can lengthen the process (clauses 10.8(d); 11.6; clause 31).
Risk of substitution and unintended effects: strict on-lot controls (e.g. limits on cabins, bed-and-breakfast bed caps, density controls) may push development demand into zones or localities with fewer restrictions or encourage off-site investment (clauses 9.4(i)–(k); clause 26; clause 34).
Concrete examples and where to look in the plan
(d) Pollution and Erosion Control
(i) To achieve unpolluted streams, land and air as well as a stable, attractive landscape.
(ii) In the short term, to attain water quality appropriate for recreational use in the headwaters of the Blue Mountains’ streams.
(e) Town Character
To improve the physical quality of life for residents of the Blue Mountains.
(f) Economic Development and Employment
To encourage tourism and other economic enterprises and the creation of employment opportunities which are sympathetic to the Blue Mountains’ character, and promote long term sustainability in the use of resources.
(g) Energy and Resources
To promote maximum efficiency in the use of resources.
(h) Social Environment
To maintain and improve the social environment by ensuring the planned development of community facilities, services, programmes and other activities relevant to the needs and aspirations of residents of the City.
(i) Arts and Cultural Activity
To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
3.2 Additional Objectives for the Blue Mountains Ridge (ie The Sandstone Plateau from Lapstone to Mt Victoria and Bell, being a Planning District shown on Sheet 1 of the Map)
(a) To maintain and enhance the natural bushland buffer zones between towns.
(b) To ensure that development for tourism and recreation is consistent with the conservation of the natural landscape, the cultural heritage, the environment and the Blue Mountains National Park.
(c) To encourage a variety of residential development forms.
(d) To develop serviced land within existing towns for urban land uses and discourage premature development which would place an uneconomic or unreasonable burden on the provision of services and facilities on the urban fringe.
(e) To ensure that the individual and cumulative impacts of development do not have an adverse effect on stream catchments particularly associated with water supply or the Blue Mountains National Park.
(f) To encourage a high quality of design.
(g) To locate public utilities sensitively, so as to minimise environmental and visual impact.
(h) To maintain the character of the Mountains when viewed from the Great Western Highway and Great Western Railway line and reduce advertising signs on these routes.
(i) To minimise the impact of development on the Blue Mountains National Park by providing appropriate buffer areas and protecting wildlife corridors.
3.3 Additional Objectives for Megalong Valley (being a Planning District shown on Sheet 1 of the Map)
(a) To retain the low density of development in the Valley.
(b) To conserve the rural and natural landscape of the Valley, and views within the Valley and from public lookouts.
(c) To maintain the attraction of the entrance road and the characteristics of the existing roads in the Valley (ie curves, rises and falls, limited carriageway width, unpaved shoulders and verges and adjacent vegetation).
(d) To ensure that development for tourism and recreation is consistent with the conservation of the rural and natural landscape, heritage and agricultural qualities of the Valley.
(e) To maintain the agricultural capability of the Valley.
(f) To encourage a high quality of design.
(g) To locate public utilities sensitively, so as to minimise environmental and visual impact.
3.4 Additional Objectives for Mt Wilson, Mt Irvine, Mt Tomah and Berambing (being a Planning District shown on Sheet 1 of the Map)
(a) To conserve the low density, semi-rural heritage and natural landscapes.
(b) To conserve areas of natural vegetation which provide key landscape and ecological elements, in particular, the rainforest and tall open forest communities on basalt soils.
(c) To retain a pleasing combination of formal avenues and roadsides plantings, private gardens and landscaping, forests and stands of natural vegetation, attractive rural and semi-rural landscape, local vistas and distant views.
(d) To maintain the characteristics of the existing local roads, (ie curves, rises and falls, limited carriageway width, unpaved shoulders and verges, and adjacent vegetation and attractive plantings).
(e) To conserve historic building, their curtilages and landscaped settings.
(f) To ensure that the individual and cumulative impact of development does not have an adverse effect on stream catchments particularly associated with water supply or the Blue Mountains National Park.
(g) To encourage a high quality of design.
(h) To locate sensitively public utilities to minimise environmental and visual impact.
(i) To minimise the impact of development on the Blue Mountains National Park by providing buffer areas and protecting wildlife corridors.
cl 3: Am 2020 (724), Sch 1.1.
4 Relationship to other environmental planning instruments
4.1 This plan repeals Blue Mountains Local Environmental Plan No 4 in so far as it applied to—
(a) land shown on the Map as being within a zone under this plan, or
(b) roads shown on the Map in so far as they are adjacent to and contiguous with any such land.
4.2 This Plan amends Blue Mountains Local Environmental Plan No 4 in the manner shown in Schedule 5.
cl 4: Am 28.5.1993.
5 Consent authority
The Blue Mountains City Council is the consent authority for the purposes of this plan.
5A Savings provisions relating to development applications
(1) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 5A: Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.2[1].
General control of development
6 Zone objectives
6.1 Zone: Rural Conservation (RC)
(a) To ensure that development is compatible with the rural and natural landscape and heritage of the locality.
(b) To avoid further fragmentation and loss of usable rural land; to encourage consolidation of small lots and resubdivision of existing holdings where the existing subdivision pattern is not appropriate or is unrelated to existing topography and natural constraints.
(c) To retain the low density of rural settlement and ensure that development does not create unreasonable, uneconomic or environmentally damaging demands for the provision of services.
(d) To maintain safety and convenience along main roads by discouraging uses that are likely to generate traffic volumes that disrupt traffic flow.
(e) To avoid ribbon development.
(f) To provide for the requirements of the rural community.
6.2 Zone: Bushland Conservation (BC)
(a) To conserve the natural bushland character of the landscape surrounding the existing urban areas of the City and minimise the visual impact of development on the landscape, particularly when viewed from the Blue Mountains National Park.
(b) To protect the natural bushland buffer zones between towns, to avoid ribbon development and to conserve and enhance the views and vistas of natural bushland obtained from the Great Western Highway and the Great Western Railway, public places, lookouts and areas within the Blue Mountains National Park.
(c) 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 areas.
(d) To provide only for development that utilises and retains the natural bushland on the site as an important feature of the development.
(e) To ensure that development in bushfire prone areas is carried out so that effective bushfire management can be implemented within the property boundaries with appropriate environmental controls.
(f) To encourage landscaping and regeneration of natural bushland in areas with sparse tree or canopy cover.
6.3 Zone: Residential Bushland Conservation (RES-BC)
(a) To ensure that all development including subdivision is environmentally sensitive and site responsive and maintains and facilitates sustainable natural ecosystems and biodiversity within the Blue Mountains.
(b) To utilise best practice water management techniques—
• to protect, and where practicable to improve, existing perennial and non-perennial watercourses and the associated riparian zone, and
• to protect, and where practicable to improve, water quality, and
• to maintain pre-development downstream flow patterns, and
• to promote ecologically sustainable water and land management practices.
(c) To establish an appropriate landscape character by encouraging the preservation, regeneration and re-establishment of native bushland, where practicable.
(d) To ensure that the form and siting of development, and the building materials, colours, and landscaping utilised in that development, are each appropriate for, and harmonise with, the bushland character of the area in which the development is to take place.
(e) To ensure bushfire protection measures are adequate to protect proposed development and are able to be implemented without unacceptable adverse environmental impacts.
(f) To ensure that non-residential land uses are compatible with the residential character of the area in which development is proposed.
6.4 Zone: Residential Investigation (RES-I)
(a) To identify land suitable for consideration by the Council for rezoning for future residential development and, in the case of Hawkesbury Road, Winmalee and Mort Street, Katoomba, for a range of urban uses.
(b) To ensure that development within the zone is compatible with, and does not prejudice the anticipated future development of, the land.
(c) To conserve the natural bushland character of the landscape surrounding the existing urban areas of the City.
(d) To ensure that rezoning does not precede a detailed environmental investigation of a contiguous area zoned Residential Investigation shown edged on the Map.
6.5 Zone: Light Industries (IND-LT)
(a) to provide for a range of light industrial land uses, compatible with the environment of the City.
(b) To encourage employment opportunities.
6.6 Zone: Recreation (REC)
(a) To provide for active recreational requirements of the City.
(b) To ensure that recreational development is environmentally sensitive and site responsive.
6.7 Zone: Recreation—Environmental Protection (REC-EP)
(a) To ensure protection of environmentally sensitive land and areas of high scenic value in the City.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(e) To provide for passive recreational activities that are compatible with the land’s environmental characteristics.
6.8 Zone: Environmental Protection (EP)
(a) To protect environmentally sensitive land and areas of high scenic value in the City from development.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
6.9 Zone: Environmental Protection—Acquisition (EPac)
(a) To protect environmentally sensitive land and areas of high scenic value in the City from development.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of physical characteristics or high bushfire hazard.
(d) To encourage the restoration of disturbed bushland areas.
(e) To provide for the acquisition of this land.
6.10 Zone: National Park (NP)
(a) To maintain the spectacular natural environment of the Blue Mountains.
(b) To facilitate the management of the Blue Mountains National Park in accordance with the National Parks and Wildlife Act 1974 and the Blue Mountains National Park Plan of Management.
6.11 Zone: Regional Open Space (R)
(a) To enhance and protect the unique natural and scenic environment of the
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