Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this plan is and does
What it is: The Blue Mountains Local Environmental Plan 2015 (the Plan) is the detailed local zoning and land‑use rulebook that tells people what can, cannot and may be allowed to be built or used on land inside the Blue Mountains local government area. It works together with State policies and maps to control land use, development standards and site‑specific rules (see cl 1.3, cl 1.9 and maps references).
Who decides: The Council is the primary decision‑maker (the "consent authority") when development consent is required (cl 1.6). Where State environmental planning policies prevail their provisions apply (cl 1.9(1)).
Who it affects: landowners, prospective developers, builders, residents, community housing providers, utilities and public authorities operating in the Blue Mountains. It also affects adjoining landowners and Aboriginal and heritage stakeholders where heritage items or Aboriginal places are involved (cl 5.10).
How it works mechanically (key rules and mechanisms)
Zoning and permitted uses: Land is placed in named zones (e.g. R1 General Residential, RU2 Rural Landscape, C2 Environmental Conservation, E1/E2 centres) and each zone has objectives and a Land Use Table listing uses permitted without consent, with consent, and prohibited uses (cl 2.1–2.3 and Land Use Table). Developers must check the Land Zoning Map and the Land Use Table to know whether an activity is allowed.
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Direct links to the current provisions in Blue Mountains Local Environmental Plan 2015.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU2 Rural Landscape
RU4 Primary Production Small Lots
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2018 (722), Sch 1 [1]; 2022 (832), Sch 1.2[1].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (722), Sch 1 [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (832), Sch 1.2[2] [3]; 2023 (458), Sch 2.9.
Zone RU2 Rural Landscape
Zone RU4 Primary Production Small Lots
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
3 Permitted with consent
Agritourism; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home industries; Intensive plant agriculture; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Stock and sale yards; Veterinary hospitals; Water storage facilities
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Environmental Conservation Open Space” | Council | | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2022 (832), Sch 1.2[4].
Part 6 Additional local provisions
6.1 Impact on environmentally sensitive land
(1) The objective of this clause is to protect environmentally sensitive land by—
(a) conserving significant native vegetation communities and protecting the ecological processes necessary for the continued existence of those communities, and
(b) protecting watercourses and the riparian buffers necessary to maintain or enhance the hydrological function of those watercourses, and
(c) restricting development on steeply sloping land and protecting geological features such as rock outcrops and escarpments.
(2) Impact of development on environmentally sensitive land Development consent must not be granted for development that may have an adverse impact on environmentally sensitive land unless the consent authority is satisfied that—
(a) the natural, scenic, scientific and historical values of the “City within a World Heritage National Park” that are relevant to the development will be maintained, and
(b) the development will be managed to protect the natural environment and maintain the ecological integrity and environmental significance of the Blue Mountains, and
(c) the water quality, watercourses, groundwater quality, riparian habitats and wetlands in the Blue Mountains, Sydney’s drinking water catchment and the Hawkesbury-Nepean River catchment will be preserved and, if possible, enhanced, and
(d) the development is appropriate considering the extent and capacity of the local infrastructure, and
(e) if the development will be located on bush fire prone land, the exposure to bush fire hazard will be limited and any bush fire protection measures employed to protect human life, property and other assets are responsive to the environmental values of the land.
(3) Development near Blue Mountains National Park Development consent must not be granted for development on land that is adjacent to, directly opposite or separated only by a local road from land in the Blue Mountains National Park unless the consent authority—
(a) has considered the impact of the proposed development on the heritage significance and scenic attributes of the National Park, and
(b) is satisfied that the development incorporates effective measures to avoid, minimise or mitigate any adverse environmental impact on the land in the National Park.
(4) Impact of subdivision on environmentally sensitive land Development consent must not be granted for the subdivision of land to create additional lots unless the consent authority is satisfied that the development, including any clearing required for an asset protection zone, will have no adverse environmental impact on any environmentally sensitive land.
(5) Development on environmentally sensitive land in Zone E3 or Zone E4 Development consent must not be granted for development (other than development for the purpose of public utility services) on land within a lot created under this Plan being land in Zone C3 Environmental Management or Zone C4 Environmental Living that contains environmentally sensitive land unless the consent authority is satisfied that the proposed development, including any clearing required for an asset protection zone, would be designed, sited and managed to avoid any adverse environmental impact on the environmentally sensitive land.
(6) Other development Development consent must not be granted for development (other than development referred to in subclauses (4) and (5)) unless the consent authority is satisfied that the development, including any clearing required for an asset protection zone, is to be designed, sited and managed to avoid any adverse environmental impact on any of the following—
(a) significant vegetation communities,
(b) rare species of flora,
(c) the hydrological aspect of the locality, including groundwater,
(d) land identified as “Riparian Land” on the Riparian Lands and Watercourses Map,
(e) watercourses or wetlands,
(f) significant natural features, including rock outcrops, rock ledges and cliffs.
(7) Despite subclause (6), development consent may be granted for development if the consent authority is satisfied that—
(a) if an adverse environmental impact cannot be avoided, the development is designed, sited and will be managed to minimise that impact to the greatest extent possible, and
(b) the development incorporates effective measures to remedy, minimise or mitigate any other adverse environmental impacts, and
(c) any existing disturbed areas on the site will be restored.
(8) In determining whether an adverse environmental impact cannot be avoided, the consent authority must—
(a) have regard to the purposes for which the land is intended to be used with reference to the objectives of the relevant zone of the land, and
(b) be satisfied that no practicable alternative is available in relation to the design, type and site coverage of the proposed development (including any measures required to protect life and property from the threat of bush fire) and the suitability of the physical characteristics of the land for the proposed development.
cl 6.1: Am 2017 (610), Sch 1 [7].
Part 7 Additional local clauses—development in villages
7.1 Development in villages
Development consent must not be granted for development on land identified in this Part unless the consent authority is satisfied that the development on the land identified is consistent with the objectives specified for that development.
Part 8 Site specific provisions
pt 8 (cl 8.1): Ins 2018 (722), Sch 1 [8].
8.1 Preservation of certain existing landscaped area
(1) The objective of this clause is to preserve the existing landscaped area on the land to which this clause applies.
(2) This clause applies to land at 132–174 Govetts Leap Road, Blackheath, being Lot 1, DP 840261.
(3) Development consent must not be granted to development on land to which this clause applies unless at least 75% of the land will be preserved as pervious area.
(4) In this clause—
pervious area means any part of a site on which water infiltrates into the subsoil, excluding any area of land used as a driveway or any other hard surface (other than rainwater tanks, unroofed areas of spaced decking and swimming pools).
pt 8 (cl 8.1): Ins 2018 (722), Sch 1 [8].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2017 (610), Sch 1 [9]; 2018 (10), cl 4; 2018 (722), Sch 1 [9]; 2019 (344), Sch 1 [9]; 2021 (121), Sch 1[5] [6]; 2022 (832), Sch 1.2[39] [40].
9 Use of certain land at 61 and 63 Kings Road and 36 Mount Street, Leura
(1) This clause applies to land at 61 and 63 Kings Road and 36 Mount Street, Leura, being Lots 1 and 2, DP 1009510 and Lot 1, Section 9, DP 5140.
(2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.
10 Use of certain land at 1–17 Kitchener Road, Leura
(1) This clause applies to land at 1–17 Kitchener Road, Leura, being Lot 114, DP 751646.
(2) Development for the purpose of a crematorium and cemetery is permitted with development consent.
11 Use of certain land at 7 Huntley Grange Road, Springwood
(1) This clause applies to land at 7 Huntley Grange Road, Springwood, being Lots 178–181 and 217–219, DP 16995 and Lots 33–41 and 47–55, DP 27035.
(2) Development for the purpose of a health services facility is permitted with development consent.
12 Use of certain land at 18 Mitchell Street, Wentworth Falls
(1) This clause applies to land at 18 Mitchell Street, Wentworth Falls, being Lot 1, DP 502471.
(2) Development for the purpose of a car park is permitted with development consent.
13 Use of certain land at 80–104 Railway Parade, Wentworth Falls
(1) This clause applies to land at 80–104 Railway Parade, Wentworth Falls, being Lots 1–67, 73–89 and 90–91, DP 7988 and Lot 92, DP 7988 (formerly George, King and Mary Streets).
(2) Development for the purpose of a dwelling house is permitted with development consent if all the lots are consolidated into a single lot.
14 Use of certain land at 106–120 Railway Parade, Wentworth Falls
(1) This clause applies to land at 106–120 Railway Parade, Wentworth Falls, being Lots 68–72, DP 7988.
(2) Development for the purpose of a dwelling house is permitted with development consent if all the lots are consolidated into a single lot.
15 Use of certain land at 66 Singles Ridge Road, Winmalee
(1) This clause applies to land at 66 Singles Ridge Road, Winmalee, being Lot 48, DP 218261.
(2) Development for the purpose of extractive industries is permitted with development consent.
16 Use of certain land at 4 Merriwa Street, Katoomba
(1) This clause applies to land at 4 Merriwa Street, Katoomba, being Lot 1, DP 124212.
(2) Development for the purpose of a registered club is permitted with development consent.
17 Use of certain land at 4–12 Violet Street, Katoomba
(1) This clause applies to land at 4–12 Violet Street, Katoomba, being Lot 1, DP 1034347 (other than land within Zone C2 Environmental Conservation).
(2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.
18 Use of certain land at 67–69 Prince Edward St, Blackheath
(1) This clause applies to land at 67–69 Prince Edward St, Blackheath, being Lots 1 and 2, Sec 16, DP 758115 and Lots 8–10, DP 131091.
(2) Development for the purpose of an eco-tourist facility is permitted with development consent.
19 Use of certain land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura
(1) This clause applies to land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura, being Lots 3 and 8–14, Sec 1, DP 4305, Lots A–D, DP 385345, Lot 1, DP 1116868, Lot 1, DP 940336, Lot 2, DP 184184, Lot 3, DP 1097665, Lot A, DP 315787 and Lot A, DP 414796.
(2) Development for the purpose of an educational establishment is permitted with development consent.
20 Use of certain land at 396–406 Great Western Highway and 16 Explorers Road, Katoomba
(1) This clause applies to land at 396–406 Great Western Highway and 16 Explorers Road, Katoomba, being Lots 6–12, DP 10148.
(2) Development for the purpose of subdivision to create 4 lots is permitted with development consent if the resulting lots are not less than 1 hectare.
21 Use of certain land in Zone E4
(1) This clause applies to land identified as “Area 1” on the Land Zoning Map.
(2) Development for the following purposes is permitted with development consent—
(a) dual occupancies,
(b) dwelling houses,
(c) secondary dwellings.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2021 (121), Sch 1[7]; 2022 (72), Sch 1.11[5]; 2022 (832), Sch 1.2[41] [42].
Fences on land in Zone C4 Environmental Living
(1) Must be on land in Zone C4 Environmental Living.
(2) Must not be on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item.
(3) Must not be along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area.
(4) Must not be on a flood control lot.
(5) Must not be higher than 1.8m above ground level (existing).
(6) Must not be of masonry construction to a height that is more than 1.2m above ground level (existing).
(7) Despite subclauses (5) and (6), if the fence is erected on a sloping site and stepped to accommodate the fall in the land—
(a) a fence that is required to be not more than 1.2m above ground level (existing) must not be more than 1.5m above ground level (existing) at each step, and
(b) a fence that is required to be not more than 1.8m above ground level (existing) must not be more than 2.2m above ground level (existing) at each step.
(8) If it includes an entrance gate—must not have a gate that opens outwards.
(9) If it is located in a core koala habitat or potential koala habitat within the meaning of the State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 3 or in a movement corridor used by koalas—must be constructed or installed in accordance with any relevant council policy or guideline under that Policy.
(10) If it is located on bush fire prone land—must be constructed of non-combustible materials or hardwood.
(11) If it is constructed of metal components—must be of low reflective, factory pre-coloured materials.
(12) Must not be an electrical fence or use barbed wire.
(13) If located along the boundary of, or within the setback area to, a primary or secondary road—
(a) must not be more than 1.2m above ground level (existing), and
(b) must be open for at least 20% of the area of the fence that is more than 40mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.
(14) If a lot has a frontage to a secondary road or roads, subclause (13) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.
(15) Subclause (13)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.
Rainwater tanks (above ground) on land in Zone C4 Environmental Living
(1) Must be on land in Zone C4 Environmental Living.
(2) Maximum number—2 per lot.
(3) Must not have a capacity more than 10,000L.
(4) If the tank has a height of more than 1.8m above ground level (existing)—must be located at least 900mm from each lot boundary.
(5) Must be located behind the building line of any road frontage.
(6) Must not rest on the footings of an existing building for support.
(7) Must not require cut and fill of more than 1m below or above ground level (existing).
(8) Must be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank.
(9) Must be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank.
(10) Must be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it.
(11) Must have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property or cause a nuisance to adjoining owners.
(12) Must have a sign affixed to it with a statement to the effect that the water in the tank is rainwater.
(13) Must be located in the rear yard if it is constructed or installed on or in a heritage item or a draft heritage item.
(14) Pumps attached to the development must be housed in an enclosure that is soundproofed.
(15) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2025 (244), Sch 1; 2025 (575), Sch 1[1] [2].
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2017 (610), Sch 1 [10] [11]; 2019 (294), Sch 1 [2]; 2019 (352), Sch 1 [4]–[6]; 2021 (139), Sch 1; 2025 (477), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Blue Mountains Local Environmental Plan 2015.
1.1AA Commencement
This Plan commences 8 weeks after the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in the Blue Mountains in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to maintain the unique identity and values of the “City within a World Heritage National Park”,
(b) to provide a clear framework for the development of land that is consistent with, and promotes the principles and practices of, ecologically sustainable development,
(c) to meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms,
(d) to ensure that development does not result in adverse impacts on the values of the Greater Blue Mountains World Heritage Area,
(e) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains,
(f) to identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains,
(g) to preserve and enhance watercourses, groundwater, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney’s drinking water catchments,
Consent and exemptions: Most subdivision, demolition and many building works require development consent from Council (cl 2.6, cl 2.7). The Plan also lists exempt development (Schedule 2) and complying development (Schedule 3) where approval is faster or not required (cl 3.1–3.2), subject to standards and exclusions (cl 3.3).
Maps and overlays: The Plan relies heavily on maps (zoning, lot size, height, floor space ratio, built character, biodiversity, riparian lands, heritage, key sites, active street frontages etc.) to apply different rules to parcels of land (cl 1.7, cl 2.2, and numerous map cross‑references throughout the Plan). These maps are decisive for height, FSR, minimum lot sizes and many site constraints.
Development standards and flexibility: The Plan sets primary development standards: minimum lot sizes (cl 4.1 and related clauses), height limits (cl 4.3), floor space ratios (cl 4.4), site coverage, pervious area controls (cl 4.4A) and calculations for FSR (cl 4.5). Clause 4.6 lets authorities permit departures from development standards where the applicant demonstrates compliance would be unreasonable or unnecessary, but it excludes certain standards from variation and creates limits on when flexibility can be applied.
Subdivision and consolidation controls: Subdivision is tightly regulated: minimum lot sizes on the Lot Size Map, special rules for community title, strata, cluster housing, lot consolidation in sensitive areas and for rural lots (cl 4.1AA–4.1G, 4.2, 4.1E, 4.1F, 4.1G). These clauses restrict fragmentation of environmentally sensitive or small rural lots and require consolidation before consent for some development.
Environmental overlays and tests: The Plan contains extensive environmental protections and overlay‑specific assessment tests: protection of "environmentally sensitive land" (cl 6.1), biodiversity corridors (cl 6.3), slope/landslide/vegetation/escapement/riparian protected areas (cl 6.4–6.8, 6.12, 6.5, 6.6), stormwater and flood planning rules (cl 6.9, cl 5.21). Consent authorities must be satisfied particular environmental outcomes (avoid, minimise, mitigate) are met before granting consent.
Heritage and Aboriginal places: Any work affecting listed heritage items, conservation areas or Aboriginal places needs consent and may require heritage management documents or consultation (cl 5.10 and Schedule 5 lists the heritage items and areas). Council must consider heritage impacts and notify Heritage Council or Aboriginal communities in some cases.
Site‑specific and village precinct controls: The Plan contains precinct objectives and site‑specific provisions (Parts 7 and 8 and Schedule 1) that guide appropriate built form, active street frontages, design excellence in village centres, and limits like no drive‑throughs at some key sites (cl 6.19–6.20, cl 6.27, Part 7 precinct objectives).
Incentives and special measures: The Plan includes incentives (e.g. extra gross floor area for developments that provide affordable housing at certain key sites—cl 6.22), allows limited exceptions to height or FSR in carefully defined locations (cl 4.3A), and contains a temporary suspension power for private covenants in limited circumstances to enable development to proceed consistent with the Plan (cl 1.9A).
Why it matters (practical consequences)
For landowners/developers: The Plan creates legal certainty about permitted uses, design limits (height, FSR, lot sizes), and the tests and studies that will be required (heritage reports, geotechnical, biodiversity, stormwater, wastewater reports). Those requirements translate into direct compliance costs (surveys, consultants), timing and risk for projects; plus some potential benefits (e.g. affordable housing incentives cl 6.22).
For the community and environment: The Plan embeds trade‑offs: it restricts subdivision and urban expansion in environmentally sensitive and bushfire‑prone areas (cl 1.2 aims; cl 4.1, cl 6.1) while enabling village centre intensification in specified precincts (Part 7 precinct controls). That shifts costs and benefits between private property owners, developers and the broader public (infrastructure demand, conservation outcomes).
Who pays and who decides: Developers and landowners pay for compliance (surveys, remediation, design changes) and for infrastructure contributions where applicable. The Council decides on most consents and classifications of public land (cl 1.6, cl 5.2) and State policies can override or supplement the Plan (cl 1.9).
Analytical lens — incentives, costs, trade‑offs and implementation risks
Purpose claims in the Plan emphasise environmental protection, heritage conservation and village character (cl 1.2). Those aims impose concrete costs: additional pre‑application work (heritage/Aboriginal/biodiversity/ geotechnical reports per cl 5.10, cl 6.1–6.9, cl 6.4–6.5), limits on lot fragmentation (cl 4.1G), and constraints on where development can go (many overlay‑based prohibitions).
The Plan creates concentrated benefits for holders of land in precincts where uplift or incentives are provided (e.g. extra FSR for affordable housing cl 6.22, site‑specific permitted uses in Schedule 1). It imposes diffuse costs (higher compliance and reduced development potential) across many landholders in environmentally sensitive zones.
Discretion and implementation risk: There is significant discretion for the consent authority (Council) — e.g. cl 4.6 (exceptions to development standards) and many clauses require Council to be "satisfied" about matters such as environmental impacts, adequate servicing and heritage impacts. Discretion creates uncertainty and inconsistent outcomes unless Council publishes clear procedures and applies maps and standards consistently.
Compliance burden and market effects: The Plan raises entry costs for developers in sensitive areas (specialist reports, potential obligations to restore or protect vegetation, site consolidation). This can reduce speculative subdivision and protect public environmental values, but can also reduce the supply of developable sites and increase project costs and timelines.
Opportunities and trade‑offs: The Plan signals where development is intended to be concentrated (village precincts and key sites) and where it is to be constrained (World Heritage buffer, riparian/escapement areas). This concentrates infrastructure investment and creates clearer markets for infill development while protecting identified environmental and heritage assets (see precinct objectives in Part 7 and overlays in Part 6).
Practical red flags for users
(References in parentheses are to the clause numbers in the Plan: e.g. cl 1.6 = clause 1.6.)
(h) to prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure,
(i) to limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts,
(j) to identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains,
(k) to promote the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community,
(l) to ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services,
(m) to provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values,
(n) to conserve the rural and natural landscape of Megalong Valley, the Mounts, Sun Valley and Shipley Plateau and maintain agricultural capability,
(o) to ensure that the siting and design of new buildings, facilities and structures intended primarily for public use make reasonable provision for safe and comfortable access to those buildings, facilities and structures for all people, including older people, people with a disability and those with limited mobility,
(p) to integrate development with transport systems and promote safe and sustainable access opportunities, including public transport initiatives, walking and cycling.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.
(3) 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.
(4) A development application made, but not finally determined, before the commencement of Blue Mountains Local Environmental Plan 2015 (Amendment No 16) must be determined as if that plan had not commenced.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (69), Sch 1.3[1]; 2023 (609), Sch 2.1; 2024 (482), Sch 1.
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU2 Rural Landscape
RU4 Primary Production Small Lots
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2018 (722), Sch 1 [1]; 2022 (832), Sch 1.2[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separa
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