Blue Mountains Local Environmental Plan 2005
56Site disturbance and erosion control
Start here
Get a plain-English read of 56
Turn the raw legal text into a practical explanation grounded in Blue Mountains Local Environmental Plan 2005.
56 Site disturbance and erosion control
56 Site disturbance and erosion control
(1) Consent shall not be granted to development unless the consent authority is satisfied that the development is designed and sited to—
(a) reflect the capability of the site, taking into consideration the natural characteristics of the land, and
(b) minimise the extent and time of site disturbance, and
(c) prevent sediment, building materials, waste or other pollutants from leaving the site and entering adjoining land, street gutters, drains or watercourses.
(2) As far as is practicable and in response to site characteristics, the consent authority is to ensure that new development is to be located in areas which have been previously cleared.
(3) Consent shall not be granted to development, excluding—
(a) minor additions, and
(b) development that disturbs less than 50 square metres of the site,
unless the consent authority is satisfied that the development will be carried out in accordance with an erosion and sediment control plan.
(4) An erosion and sediment control plan prepared to comply with subclause (3) shall provide details of how the development addresses all aspects of site disturbance, erosion and sediment control and site rehabilitation, including—
(a) the location and extent of all existing and proposed areas where the natural ground cover is or will be disturbed, and
(b) the location of natural areas requiring specific planning or management responses, including watercourses, seasonally wet areas, areas prone to ponding or waterlogging and unstable slopes, and
(c) the nature and extent of all earthworks, including the location, extent and depth of any proposed cut or fill, and
(d) the location of all potential sources of sediment on the site, including (where known) any stock piles of soil or building materials or waste, and
(e) the location and nature of any proposed stormwater or erosion and sediment control measures, and
(f) site rehabilitation proposals, including final contours.