New South Wales regulation

Blue Mountains Local Environmental Plan No 4

In ForceNSW

Jurisdiction

New South Wales

Act Number

14 of 1982

Collection

regulation

Plain English Summary

8/10 complexity

This local environmental plan sets the zoning rules, permitted uses, and development controls across land in the City of Blue Mountains. It tells landowners what uses are allowed or prohibited, when they must get council consent, and sets numeric limits (lot sizes, setbacks, floor-space ratios) plus special-area rules (escarpment, heritage, protected areas). The council is the consent authority (cl 8) and most building or subdivision work requires consent (cl 9); applicants must meet the plan’s standards or justify exceptions (cl 9A, cl 47E).

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What it does

This local environmental plan (Blue Mountains LEP No 4) sets the statutory land‑use rules that control what development may occur on mapped land within the City of Blue Mountains. Mechanically it:

defines the geographic scope by reference to the Map and amending maps (cl 3, cl 6(1));
adopts a zoning table that prescribes, for each zone, the development types that are permitted without consent, permitted with mandatory conditions, permitted only with consent or prohibited (cl 9 and its Table);
prescribes zone‑specific development controls (minimum lot sizes for dwellings and motels, frontage/depth requirements, floor space ratios, site coverage, landscaped area requirements, parking rates, building heights and storey limits), spread through Part 3 (for example cll 10, 15-20, 26-29, 38-39, 54);
delegates the council as the consent authority (cl 8) and imposes application, assessment and advertisement requirements (for example cll 41, 42, 42A, 43);
imports and modifies the Environmental Planning and Assessment Model Provisions 1980 for general matters (cl 7);
creates special site‑specific permissions and constraints in schedules and special clauses (for example cll 60, 61AA, 66A, 69A and Schedule 7);
introduces later policy layers and operational restrictions, such as the Exceptions to Development Standards pathway (cl 9A), temporary use rules (cl 47B), demolition requiring consent (cl 47A), controls about fire alarm conversions (cl 47C), standards that cannot be used to refuse applications for licensed premises playing or performing music (cl 47D), flood planning requirements (cl 47E), and a prohibition on canal estate development (cl 47F);
sets heritage protection processes and consent requirements for listed heritage items and Heritage Conservation Areas (cl 58);

Current sections

Direct links to the current provisions in Blue Mountains Local Environmental Plan No 4.

115

Part 1

Preliminary

Part 1 Preliminary

Name of plan

1 Name of plan

This plan may be cited as Blue Mountains Local Environmental Plan No 4.

Aims, objectives etc

2 Aims, objectives etc

This plan aims to promote the orderly and economic development of the City of Blue Mountains in a manner consistent with the need to protect the environment, and to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 2: Am 2020 (724), Sch 1.3.

Land to which this plan applies

3 Land to which this plan applies

This plan applies to certain land within the City of Blue Mountains, being that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 4”.

cl 3: Am 27.12.1991. Subst 2005 (633), cl 3 (1).

Relationship to other environmental planning instruments

4 Relationship to other environmental planning instruments

This plan repeals—

(a) Interim Development Order No 28—City of Blue Mountains, and

(b) Blue Mountains Local Environmental Plans Nos 1, 2, 3, 5, 6 and 7.

Arrangement

5 Arrangement

This plan is divided as follows—

Part 1—Preliminary—cll 1–8

Part 2—General restrictions on development of land—cl 9

Part 3—Special provisions—cll 10–61

Division 1—Dwelling-houses and Boarding-houses—cll 10–14

Division 2—Residential Flat Buildings—cll 15–20

Division 3—Business and Commercial Uses—cll 21–29

Division 4—Rural Uses—cll 30, 31

Division 5—Subdivision of Land—cll 32–35

Division 6—Building and Development Generally—cll 36–47

Division 7—Roads—cll 48, 49

Division 8—Development in Escarpment Preservation Areas—cll 50–55

Division 9—Development on Reserved Land—cll 56, 57

Division 10—Other uses and General—cll 58–61

Schedules

Interpretation

6 Interpretation

(1) In this plan except in so far as the context or subject-matter otherwise indicates or requires—

appointed day means the day on which this plan takes effect.

arterial road includes—

(a) any proposed road indicated on the map by a broken red band between broken black lines, and

(b) any proposed widening of an existing road indicated on the map by a broken red band between a firm black line and a broken black line.

community centre means—

(a) a public library, rest rooms or meeting rooms owned or leased by the council, and

(b) a building or place so owned or leased and used for—

(i) the provision of public health services or other like services, or

(ii) indoor recreation, child minding or other like activities.

community land means land classified as community land within the meaning of the Local Government Act 1993.

council means the Council of the City of Blue Mountains.

escarpment preservation area means land shown on the map by black cross-hatching.

guest house means a building used for the purpose of providing guest accommodation and may include a refreshment room, but does not include a boarding-house, holiday cabin, motel or residential flat building.

holiday cabin means a dwelling used, constructed or adapted to be used for the provision of holiday accommodation only, being one of a group of similar dwellings erected on an allotment of land or allotments of land in the same ownership.

operational land means land classified as operational land within the meaning of the Local Government Act 1993.

plant depot means a building or place used for the parking or servicing of moveable plant by the owner or lessee of that building or place in the pursuit of an occupation or business carried on by him at some other location.

reception establishment means a building or place used for the purpose of gain, for social functions or receptions and the like.

recreation area means—

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities,

(c) an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community,

(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or showground.

residential flat building Class 1 means a residential flat building containing 2 or more dwellings in a group such as are commonly known as group houses, villa homes, town houses, terrace buildings and the like.

retirement village means housing in the form of a group of residential flat buildings which are intended to be used as a permanent residence for persons aged 55 years or over.

storey means a floor of a building other than—

(a) a floor used principally for storage, or

(b) a floor used wholly or partly for parking.

the map means the map marked “Blue Mountains Local Environmental Plan No 4”, as amended by the maps marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Blue Mountains Local Environmental Plan No 9

“Blue Mountains Local Environmental Plan No 10”

Blue Mountains Local Environmental Plan No 11

“Blue Mountains Local Environmental Plan No 14”

“Blue Mountains Local Environmental Plan No 15”

“Blue Mountains Local Environmental Plan No 16”

Blue Mountains Local Environmental Plan No 21

Blue Mountains Local Environmental Plan No 22

Blue Mountains Local Environmental Plan No 24

Blue Mountains Local Environmental Plan No 25

Blue Mountains Local Environmental Plan No 26

Blue Mountains Local Environmental Plan No 27

Blue Mountains Local Environmental Plan No 28

Blue Mountains Local Environmental Plan No 30

Blue Mountains Local Environmental Plan No 31

Blue Mountains Local Environmental Plan No 32

Blue Mountains Local Environmental plan No 34

Blue Mountains Local Environmental Plan No 35

Blue Mountains Local Environmental Plan No 36

Blue Mountains Local Environmental Plan No 39

Blue Mountains Local Environmental Plan No 40

Blue Mountains Local Environmental Plan No 42

Blue Mountains Local Environmental Plan No 43

Blue Mountains Local Environmental Plan No 44

Blue Mountains Local Environmental Plan No 45

Blue Mountains Local Environmental Plan No 46

Blue Mountains Local Environmental Plan No 47

Blue Mountains Local Environmental Plan No 48

Blue Mountains Local Environmental Plan No 51

Blue Mountains Local Environmental Plan No 52 (other than the land marked “Deferred”)

Blue Mountains Local Environmental Plan No 53

Blue Mountains Local Environmental Plan No 54

Blue Mountains Local Environmental Plan No 55 (except so much of the map so marked as depicts deferred land)

Blue Mountains Local Environmental Plan No 57

Blue Mountains Local Environmental Plan No 61

Blue Mountains Local Environmental Plan No 62

Blue Mountains Local Environmental Plan No 64

Blue Mountains Local Environmental Plan No 69

Blue Mountains Local Environmental Plan No 72

Blue Mountains Environmental Plan No 74

Blue Mountains Local Environmental Plan No 77

Blue Mountains Local Environmental Plan No 79

Blue Mountains Local Environmental Plan No 81

Blue Mountains Local Environmental Plan No 87

Blue Mountains Local Environmental Plan No 89

Blue Mountains Local Environmental Plan No 94

Blue Mountains Local Environment Plan No 99

Blue Mountains Local Environmental Plan No 103

Blue Mountains Local Environmental Plan No 107

Blue Mountains Local Environmental Plan No 108 Sheet 1

Blue Mountains Local Environmental Plan No 112

Blue Mountains Local Environmental Plan No 117

Blue Mountains Local Environmental Plan No 119

Blue Mountains Local Environmental Plan No 123

Blue Mountains Local Environmental Plan No 132

Blue Mountains Local Environmental Plan No 136

Blue Mountains Local Environmental Plan No 142

Blue Mountains Local Environmental Plan No 144

Blue Mountains Local Environmental Plan No 147

Blue Mountains Local Environmental Plan No 148

Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space)

Sydney Regional Environmental Plan No 10—(Blue Mountains Regional Open Space) (Amendment No 1)

(2) In this plan, except in so far as the context or subject-matter otherwise indicates or requires, a reference—

(a) to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) to a map is a reference to a map deposited in the office of the council and a copy of which is deposited in the office of the Department, and

(c) to land within a zone specified in Column 1 of the Table to clause 9 is a reference to land shown on the map in the manner indicated in that Column of that Table as the means of identifying land of the zone so specified.

(3) A reference in this plan to a floor of a building is a reference to a floor of a building which is or is proposed to be constructed at a different level from any other floor of the building, but where separate and adjacent levels within a dwelling or dwelling-house are separated by a height of not more than 2 400 millimetres, those levels shall be treated as a single floor.

(4) The matter “W.S. & D.”, where appearing on the map, means the Metropolitan Water Sewerage and Drainage Board.

(5) Notes included in this plan do not form part of this plan.

cl 6: Am 8.7.1983; 29.7.1983; 16.12.1983; 23.12.1983; 10.2.1984 (see also 23.3.1984); 19.4.1984; 1.6.1984; 13.7.1984; 7.9.1984; 21.9.1984; 19.10.1984; 1.2.1985; 15.3.1985; 26.4.1985; 31.5.1985; 2.8.1985; 13.12.1985; 28.2.1986; 18.4.1986; 23.5.1986; 18.7.1986; 22.8.1986; 12.9.1986; 9.1.1987; 30.1.1987; 13.2.1987; 27.2.1987; 20.3.1987; 27.3.1987; 10.4.1987; 7.8.1987; 4.9.1987; 11.9.1987; 11.12.1987; 27.5.1988; 1.7.1988; 10.2.1989; 3.3.1989; 14.7.1989; 21.7.1989; 6.10.1989; 8.12.1989; 6.12.1991; 17.7.1992; 6.11.1992; 15.7.1994; 29.7.1994; 9.12.1994; 3.2.1995; 7.2.1997; 24.10.1997; 19.12.1997; 30.4.1999; 10.11.2000; 1.6.2001; 31.5.2002; 11.7.2003; 13.2.2004; 2019 (659), Sch 1.5[1].

Model Provisions

7 Model Provisions

(1) Subject to subclause (2), the Environmental Planning and Assessment Model Provisions 1980 (in this clause referred to as the Model Provisions), except clauses 7, 8, 15, 16, 17, 28, 30, 33 and 36, are adopted for the purposes of this plan.

(2) For the purposes of this plan—

(a) paragraph (a) of the definition of home occupation in clause 4 (1) of the Model Provisions shall be read and construed as if the words “, except where such registration is required by reason only of the installation and use in the dwelling-house or dwelling of not more than 1 electric motor having a capacity of not more than 370 watts” were inserted immediately after the matter “1962”,

(b) clause 5 of the Model Provisions shall be deemed to be amended—

(i) by omitting clause 5 (2) (c), and

(ii) by inserting after clause 5 (2) the following subclause—

(2A) Where an application referred to in subclause (2) is made to the consent authority, it—

(a) shall submit to the Traffic Authority of New South Wales particulars of the application forthwith after its receipt by the consent authority, and

(b) shall not consent to the application unless it has considered any representations made to it by the Traffic Authority of New South Wales within 21 days of the date on which the particulars were submitted to that Authority under paragraph (a).

(c) the reference in clause 18 of the Model Provisions to the appointed day shall be read and construed as a reference to 27 January 1961, and

(d) clause 23 of the Model Provisions does not apply to land within Zone No 3 (c).

cl 7: Am 28.2.1986.

Consent authority

8 Consent authority

The council is the consent authority for the purposes of this plan.

Exceptions to development standards

9A 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 1 (a1) Rural “A1”, Zone 1 (a2) Rural “A2”, Zone 1 (a3) Rural “A3”, Zone 1 (b) Rural “B”, Zone 1 (c1) Rural “C1”, Zone 1 (c2) Rural “C2”, Zone 1 (c3) Rural “C3”, Zone 1 (d) Rural “D” or Zone 7 (e) Environment Protection 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.

(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 9A: Ins 2019 (659), Sch 1.5[2]. Am 2023 (524), Sch 1.1[1].

Savings provisions relating to development applications

9B 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 9B: Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.5[1].

Part 2

General restrictions on development of land

Part 2 General restrictions on development of land

Carrying out of development

9 Carrying out of development

Except as otherwise provided in this plan, the purposes—

(a) for which development may be carried out without development consent,

(b) for which development may be carried out—

(i) only with development consent, but where that consent cannot be refused, and

(ii) subject to such conditions as may be imposed under section 91 of the Act,

(c) for which development may be carried out only with development consent, and

(d) for which development is prohibited,

on land within each of the zones specified in Column 1 of the Table to this clause are respectively shown opposite thereto in Columns 2, 3, 4 and 5 of that Table.

Table

| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | | Zone and colour or other indication on the map | Purposes for which development may be carried out without development consent | Purposes for which development may be carried out subject to such conditions as may be imposed under the Act | Purposes for which development may be carried out only with development consent | Purposes for which development is prohibited | | RURAL ZONES: | | | | | | 1 (a1) Rural “A1” Light brown. | | Agriculture | Any purpose other than those included in Column 3 or 5. | Abattoirs; advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); gas holders; generating works; industries (other than extractive industries, home industries, offensive or hazardous industries or rural industries); motor showrooms; recreation areas; recreation facilities; residential flat buildings; service stations; shops (other than general stores, or kiosks within caravan parks or picnic grounds); stock and sale yards; tourist facilities; transport terminals. | | 1 (a2) Rural “A2” Light brown with dark red edging and lettered 1 (a2). | | Agriculture | Any purpose other than those included in Column 3 or 5. | Advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); industries (other than extractive industries or home industries, offensive or hazardous industries or rural industries); motor showrooms; plant depots; recreation areas; recreation facilities; residential flat buildings; shops (other than general stores, or kiosks within caravan parks or picnic grounds); tourist facilities. | | 1 (a3) Rural “A3” Light brown with dark red edging and lettered 1 (a3). | | Agriculture | Development (other than buildings or structures) ordinarily incidental to dwelling-houses; forestry; landscaping; purposes ancillary or incidental to the use of land as open space; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 2 or 4. | | 1 (b) Rural “B” Light brown with red edging and lettered 1 (b). | | Agriculture | Any purpose other than those included in Column 3 or 5. | Abattoirs; advertising structures; boarding-houses; bulk stores; car repair stations; child care centres; clubs; commercial premises; community centres; educational establishments gas holders; general stores; generating works; guest houses; helipads; heliports; holiday cabins; hospitals; hotels; industries (other than home industries or rural industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; places of public worship; plant depots; professional consulting rooms; public buildings; reception establishments; recreation areas; recreation establishments; recreation facilities refreshment rooms; residential flat buildings; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 1 (c1) Rural “C1” Light brown with red edging and lettered 1 (c1). | Agriculture | | Any purpose other than those included in Column 2 or 5. | Abattoirs; advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); gas holders; generating works; heliports; industries (other than home industries or rural industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation areas; recreation facilities; residential flat buildings; sawmills; service stations; shops (other than general stores, or kiosks within caravan parks or picnic grounds); stock and sale yards; tourist facilities; transport terminals. | | 1 (c2) Rural “C2” Light brown with dark red edging and lettered 1 (c2). | Agriculture | | Any purpose other than those included in Column 2 or 5. | Abattoirs; advertising structures; car repair stations; commercial premises (other than caravan parks, picnic grounds or veterinary establishments); gas holders; generating works; heliports; industries (other than home industries or rural industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation areas; recreation facilities; residential flat buildings; sawmills; service stations; shops (other than general stores, or kiosks within caravan parks or picnic grounds); stock and sale yards; tourist facilities; transport terminals. | | 1 (c3) Rural “C3”. Light brown with dark red edging and lettered 1 (c3). | | | Dwelling-houses; general stores; guest houses; home occupations; utility installations (other than gas holders and generating works). | Any purpose other than those included in Column 4. | | 1 (d) Rural “D”. Light brown with dark red edging and lettered 1 (d). | | | Any purpose other than those included in Column 5. | Abattoirs; car repair stations; commercial premises; gas holders; generating works; hotels; industries (other than home industries or rural industries); junkyards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); plant depots; residential flat buildings; roadside stalls; sawmills; service stations; shops; stock and sale yards; transport terminals; warehouses. | | RESIDENTIAL ZONES: | | | | | | 2 (a1) Residential “A1” Light scarlet. | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); boarding-houses; bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; guest houses; helipads; heliports; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 2 (a2) Residential “A2” Light scarlet with dark red edging and lettered 2 (a2). | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); boarding-houses; bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; guest houses; helipads; heliports; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 2 (b1) Residential “B1” Light scarlet with dark red edging and lettered 2 (b1). | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings Class “1” or residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 2 (b2) Residential “B2” Light scarlet with dark red edging and lettered 2 (b2). | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises; extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings (other than residential flat buildings Class “1” or residential flat buildings being units for aged persons); retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 2 (c1) Residential “C1” Light scarlet with dark red edging and lettered 2 (c1). | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises (other than those referred to in Schedule 1); extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation establishments; recreation areas; recreation; facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 2 (c2) Residential “C2” Light scarlet with dark red edging and lettered 2 (c2). | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises (other than those referred to in Schedule 1); extractive industries; forestry; gas holders; generating works; heliports; helipads; holiday cabins; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; parking (other than in association with a permissible use); places of assembly; plant depots; reception establishments; recreation areas; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses. | | 2 (d) Residential “D” Light scarlet with dark red edging and lettered 2 (d). | | | Any purpose other than those included in Column 5. | Abattoirs; advertising structures; agriculture (other than horticulture); bulk stores; car repair stations; clubs; commercial premises (other than caravan parks, picnic grounds or purposes referred to in Schedule 1); extractive industries; forestry; gas holders; generating works; heliports; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; parking (other than in association with a permissible use); plant depots; recreation areas; roadside stalls; sawmills; service stations; shops (other than kiosks within caravan parks or picnic grounds) stock and sale yards; tourist facilities; transport terminals; warehouses. | | BUSINESS ZONES: | | | | | | 3 (a) Business General. Light blue. | | | Any purpose other than those included in Column 5. | Abattoirs; agriculture; boarding-houses; caravan parks; car repair stations; dwelling-houses (other than those used in conjunction with commercial premises or shops); educational establishments; extractive industries; forestry; gas holders; generating works; guest houses; hospitals; industries referred to in Schedule 2; institutions; junk yards; liquid fuel depots; mines; plant depots; rag collecting and dealing; recreation areas; recreational establishments; residential flat buildings (other then those constructed over commercial premises or shops); roadside stalls; sawmills; stock and sale yards; transport terminals (other than airline terminals or bus stations). | | 3 (b) Business Neighbourhood. Dark blue. | | | Advertising structures; child care centres; commercial premises (other than rag collecting and rag dealing); commercial signs; community centres; drainage; dwelling-houses and dwellings attached to and used in conjunction with commercial premises; purposes referred to in Schedule 3; public buildings; parking in association with a permissible use; purposes ancillary or incidental to the use of land as open space; roads; reception establishments; recreation establishments; recreation facilities; shops; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 4. | | 3 (c) Business Automotive. Light blue with dark red edging and lettered 3 (c). | | | Advertising structures; auto electricians’ workshops; automotive spare parts sales; car repair stations; car washing; child care centres; dwelling-houses and dwellings attached to and used in conjunction with a building used for a purpose specified in this Column; home industries; motor showrooms; purposes ancillary or incidental to the use of land as open space; parking in association with a permissible use; roads; service stations; tyre sales; utility installations (other than gas holders or generating works). | Any purpose other than those included on Column 4. | | 3 (d) Business Special. Light blue with dark red edging and lettered 3 (d). | | | Advertising structures; commercial premises; commercial signs; dwelling-houses attached to and used in conjunction with a building used for a purpose specified in this Column; health care professional rooms; home industries; home occupations; light industries (other than those referred to in Schedule 2 and having a gross floor area not exceeding 300 square metres); motor showrooms; public buildings; purposes referred to in Schedule 3; shops utility installations; warehouses. | Any purpose other than those included in Column 4. | | INDUSTRIAL ZONES: | | | | | | 4 (a) Industrial General. Purple. | | | Any purpose other than those included in Column 5. | Abattoirs; agriculture; airline terminals; boarding-houses; commercial premises (other than auction rooms, builders supplies, rag collecting and dealing and timber yards); dwelling-houses or dwellings (other than those used in conjunction with an industry and situated on the same land as the industry); educational establishments; extractive industries; forestry; guest houses; hospitals; hotels; institutions; mines; motels; offensive or hazardous industries; places of assembly; places of public worship; reception establishments; recreation areas; recreation establishments; refreshment rooms; roadside stalls; shops (other than those referred to in Schedule 4); stock and sale yards; tourist facilities. | | 4 (b) Industrial Light. Purple with dark red edging and lettered 4 (b). | | | Car repair stations; light industry; public buildings; utility installations; warehouses. | Any purpose other than those included in Column 4. | | SPECIAL USES ZONES: | | | | | | 5 (a) Special Uses “A” Yellow. | | The particular purpose indicated by scarlet lettering on the map. | Any purpose ancillary or incidental to the particular purpose indicated on the map; drainage; roads; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 3 or 4. | | 5 (b) Special Uses “B” Blue Purple. | | | Railways; drainage; any purpose ancillary or incidental to the use of land as open space; car parking; roads; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 4. | | 5 (c) Special Uses “C” Yellow with dark scarlet edging and lettered 5 (c). | | Water catchment. | Any purpose ancillary or incidental to water catchment; agriculture; dwelling-houses; drainage; extractive industries; forestry; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 3 or 4. | | 5 (d) Special Uses “D”. Yellow with dark scarlet edging and lettered 5 (d). | | | The particular purpose indicated by lettering on the map. | Any purpose other than those included in Column 4. | | RECREATION ZONES: | | | | | | 6 (a) Recreation Existing. Dark green. | | | Agriculture; camping areas; caravan parks; children’s playgrounds; drainage; drill grounds; forestry; gardens; parks; picnic grounds; public baths; public reserves; racecourses; roads; showgrounds; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 4. | | 6 (b) Recreation Proposed. Light green with dark green edging. | | | Agriculture; children’s playgrounds; drainage; drill grounds; forestry; gardens; parks; public baths; public reserves; roads; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 4. | | 6 (c) Recreation Private. Dark green with yellow edging. | | | Bowling greens; golf courses; recreation areas; recreation establishments; recreation facilities; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 4. | | 6 (d) Recreation Special Purposes (National Park). Uncoloured with dark green edging. | | Aboriginal areas; historic sites; national parks; nature reserves; State recreation areas. | | Any purpose other than those included in Column 3. | | 6 (e) Recreation (Special Purposes). Dark green and lettered 6 (e). | Bushfire hazard control, gardening and landscaping (which does not involve the erection of buildings). | | Bushfire hazard control, gardening and landscaping (which involves the erection of buildings); clubs; drainage; educational establishments; places of assembly; racecourses; recreation areas; recreation establishments; recreation facilities; refreshment rooms; tourist facilities. | Any purpose other than those included in Column 2 or 4. | | 7 (e) Environment Protection. Orange with dark red edging and lettered 7 (e). | | | Landscaping; roads; utility installations (other than gas holders and generating works). | Any purpose other than those included in Column 4. | | RESERVATIONS: | | | | | | 9 (a) Special Purposes Reservation. Yellow with green edging and scarlet lettering. | | The particular purpose indicated by scarlet lettering on the map. | Any purpose ordinarily incidental or subsidiary to the purpose referred to in Column 3; drainage; open space; roads; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 3 or 4. | | 9 (b) Arterial Roads. Reservation. Red and white bands between (i) a firm black line and a broken black line, or (ii) broken black lines. | Arterial roads; arterial road widening. | | Drainage, utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 2 or 4. | | 9 (c) Local Roads. Grey between (i) a firm black line and a broken black line, or (ii) broken black line. | Local roads; local road widening. | | Drainage; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 2 or 4. | | 9 (d) Local Open Space. Reservation. Light green. | Public parks and public recreation. | | Children’s playgrounds; drainage; drill grounds; gardens; public baths; roads; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works). | Any purpose other than those included in Column 2 or 4. | | 9 (e) Regional Open Space. Uncoloured with black edging and lettered “R”. | | | Bushfire hazard reduction works; bushland regeneration; drainage works; picnic facilities; roads; utility installations; walking tracks. | Any purpose other than those included in Column 4. |

cl 9, table: Am 1.6.1984; 13.7.1984; 21.9.1984; 28.2.1986; 23.5.1986; 12.9.1986; 13.2.1987; 11.12.1987; 14.7.1989; 20.6.1997.

Part 3

Special provisions

Part 3 Special provisions

Division 1

Dwelling-houses and boarding-houses

Division 1 Dwelling-houses and boarding-houses

Dwelling-houses in Zone No 1 (a1), 1 (a2), 1 (b), 1 (c2), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), or 2 (d)

10 Dwelling-houses in Zone No 1 (a1), 1 (a2), 1 (b), 1 (c2), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), or 2 (d)

(1) Except as provided by subclauses (3) and (4), a person shall not erect a dwelling-house on an allotment of land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c2), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), unless that allotment—

(a) is an allotment created by a subdivision, consent to which has been given in accordance with clause 32,

(b) is an allotment created after the appointed day in accordance with a subdivision approved before that day,

(c) being an allotment of land within Zone No 1 (c2), is an allotment created by the amalgamation of all adjoining allotments of land held in the same ownership at 22 August 1980, into a single allotment.

(2) A person shall not, without the consent of the council, erect a dwelling-house on an allotment of land within Zone No 1 (c1) unless that allotment has an area of not less than 2 000 square metres and a frontage of not less than 32 metres.

(3) One dwelling-house may, with the consent of the council, be erected on each allotment within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c3), 1 (d), 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), where the allotment was in existence immediately before the appointed day.

(4) Nothing in this clause operates to prohibit the erection, with the consent of the council of a second dwelling-house on any land on which a dwelling-house is already erected if the firstmentioned dwelling-house is intended to wholly replace the secondmentioned dwelling-house.

cl 10: Am 1.6.1984; 23.5.1986; 2005 No 98, Sch 2.6 [1].

10A

Dwelling-houses—certain land

10A Dwelling-houses—certain land

(1) This clause applies to land contained in DP 23365 and DP 27617, Heather Glen Road, Winmalee, as shown by distinctive colouring on the map marked “Blue Mountains Local Environmental Plan No 16” deposited in the office of the council.

(2) Notwithstanding the provisions of clause 10 (2), a person may, with the consent of the council, erect a dwelling-house on an allotment of land to which this clause applies which is less than 2 000 square metres in area and has a frontage of less than 32 metres; provided that allotment is one allotment held in single ownership as at 5 July 1983.

cl 10A: Ins 23.12.1983.

10B

What is exempt and complying development?

10B What is exempt and complying development?

(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.

(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.

(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.

(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 10B: Ins 27.10.2000.

Boarding-houses

11 Boarding-houses

A boarding-house shall not be erected or used on any allotment of land which—

(a) being an allotment of land within Zone No 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), has—

(i) an area of less than 1 000 square metres,

(ii) a depth of less than 28 metres, and

(iii) a width at the front alignment of the building of less than 18.5 metres, or

(b) being an allotment of land within Zone No 1 (a1), 1 (a2), 1 (c1) or 1 (c2), as an area of less than 4 hectares.

11A

Bed and breakfast establishments

11A Bed and breakfast establishments

(1) In this clause—

bed and breakfast establishment means a dwelling-house used by its permanent residents (including the owner) to provide short-term paid accommodation (which may include meals) and includes ancillary buildings within the curtilage of the dwelling-house.

(2) Short-term accommodation shall be provided at a bed and breakfast establishment for no more than six visitors at any one time.

(3) A dwelling-house must not be used as a bed and breakfast establishment unless it is connected to a reticulated sewerage system.

(4) Notwithstanding any other provision of this plan, a person may, with the consent of the council, carry out development of a dwelling-house for the purpose of a bed and breakfast establishment.

cl 11A: Ins 3.9.1993.

Exhibition homes

12 Exhibition homes

(1) Subject to subclause (2), a dwelling-house erected on land within Zone No 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), or 2 (d) may be used as an exhibition home, but only with the consent of the council.

(2) The council shall not grant consent as referred to in subclause (1) in respect of a dwelling-house erected on land having a major road frontage.

Rural workers’ dwellings

13 Rural workers’ dwellings

(1) In this clause, rural workers’ dwellings means dwelling-houses used for the accommodation of persons employed or engaged for the purposes of agriculture by the owner of an allotment of land within Zone No 1 (a1), 1 (a2), 1 (c2) or 1 (d).

(2) Notwithstanding clause 10, the council may consent to the erection of more than one dwelling-house on an allotment of land referred to in subclause (1), but only where the additional dwelling-houses are rural workers’ dwellings.

(3) The number of dwelling-houses erected on an allotment of land referred to in subclause (1) shall not exceed the dividend arrived at by dividing the are of the allotment in hectares by 10 and ignoring any reminder.

cl 13: Am 23.5.1986.

14

14 (Repealed)

Division 2

Residential flat buildings

Division 2 Residential flat buildings

Residential flat buildings in Zone No 2 (b1) or 2 (b2)

15 Residential flat buildings in Zone No 2 (b1) or 2 (b2)

A residential flat building Class 1 shall not be erected or used on land within Zone No 2 (b1) or 2 (b2) which has—

(a) an area of less than 700 square metres,

(b) a depth of less than 28 metres, and

(c) a width of the front alignment of the building of less than 20 metres.

Residential flat buildings in Zone No 2 (c1), 2 (c2) or 2 (d)

16 Residential flat buildings in Zone No 2 (c1), 2 (c2) or 2 (d)

A residential flat building shall not be erected or used on land within Zone No 2 (c1), 2 (c2) or 2 (d) which has in the case of—

(a) a single storey building—

(i) an area of less than 700 square metres,

(ii) a depth of less than 30.5 metres, and

(iii) a width at the front alignment of the building of less than 18.5 metres, or

(b) a two-storey building—

(i) an area of less than 1 000 square metres,

(ii) a depth of less than 30.5 metres, and

(iii) a width at the front alignment of the building of less than 21.5 metres.

Height restriction on residential flat buildings

17 Height restriction on residential flat buildings

A person shall not erect on land a residential flat building having a height of more than—

(a) in the case of land within Zone No 2 (b1)—1 storey,

(b) in the case of land within Zone No 2 (b2), 2 (c1), 2 (c2), or 2 (d)—2 storeys.

Provision of services

18 Provision of services

No development for the purposes of a residential flat building shall be carried out on any land until a reticulated water supply and sewerage service os available to that land.

Residential flat buildings—density control

19 Residential flat buildings—density control

(1) In this clause—

landscaped area, in relation to a site area, means that part of the site area not occupied by any building or buildings, except for swimming pools or open air recreation facilities, which part is to be predominantly landscaped by way of the planting of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site area, but does not include so much of the site area as is used for driveways, parking areas, drying yards or private courtyards.

(2) The council shall not consent to the erection or use of a residential flat building on land within a zone specified in Column 1 of the Table to this clause unless the area of the site area of the allotment is not less than the area calculated by multiplying the number of dwellings contained in the residential flat building by the area specified opposite that zone in Column 2 of that Table.

(3) The council shall not consent to the erection or use of a residential flat building on land within a zone specified in Column 1 of the Table to this clause unless the area of the landscaped area of the allotment is not less than the area calculated by multiplying the number of dwellings contained in the residential flat building by the area specified opposite that zone in Column 3 of that Table.

Table

| Column 1 | Column 2 | Column 3 | | Zone | Site area in respect of each dwelling in a residential flat building (in square metres) | Landscaped area in respect of each dwelling in a residential flat building (in square metres) | | 2 (b1) | 400 | 190 | | 2 (b2) | 380 | 180 | | 2 (c1) | 260 | 120 | | 2 (c2) | 200 | 90 | | 2 (d) | 200 | 90 |

Residential flat buildings—parking

20 Residential flat buildings—parking

(1) A residential flat building (other than units for aged persons) shall not be erected or used, unless provision is made within the site for—

(a) a number of parking spaces calculated at the rate of 1.75 parking spaces, each space being not less than 5.5 metres by 2.6 metres, for each dwelling within the building, and

(b) proper vehicular access to each parking space.

(2) In the case of units for aged persons, there shall be provided as many parking spaces, each having dimensions of not less than 5.5 metres by 2.6 metres, as the council may require, having regard to the location of the building in relation to public transport and the availability of alternative car parking facilities, being not less than one such space for each 10 dwellings, but the council may not require the provision of more than one such space for each 5 dwellings.

Division 3

Business and commercial uses

Division 3 Business and commercial uses

Advertising structures

21 Advertising structures

The council may, on land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2), 1 (c3) or 1 (d), erect advertising structures if the structures are designed for the purpose of directing the travelling public to tourist areas.

cll 21: Am 1.6.1984; 23.5.1986.

Commercial development in Zone No 2 (c1), 2 (c2) or 2 (d)

22 Commercial development in Zone No 2 (c1), 2 (c2) or 2 (d)

Notwithstanding the provisions of Part 2, the council shall not consent to the carrying out, on land within Zone No 2 (c1), 2 (c2) or 2 (d), of development for the purpose referred to in Schedule 1, if in the opinion of the council, the development will involve—

(a) interference with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,

(b) the display of goods, whether in a window or otherwise,

(c) the exhibition of any notice, advertisement or sign, other than a notice or sign not exceeding 0.8 square metre in size exhibited on a building to indicate the name and occupation of the occupier of that building, or

(d) the employment of more than 3 persons.

General stores

23 General stores

A general store shall not be erected or used on land within Zone No 1 (a1), 1 (a2), 1 (c1), 1 (c2), 1 (c3) or 1 (d), unless that land is distant more than 1 600 metres from any building being lawfully used for the purposes of a general store and from land in respect of which the council has approved the erection of a general store, where that approval is still in force.

cll 23: Am 1.6.1984; 23.5.1986.

Holiday cabins

24 Holiday cabins

(1) The council shall not consent to the erection or use of holiday cabins unless—

(a) it is satisfied that those holiday cabins will be available for use for temporary accommodation only, and

(b) those holiday cabins have a common access to a public road.

Hotels

25 Hotels

A hotel shall not be erected on a site of land within—

(a) Zone No 1 (a1), 1 (a2), 1 (c1) or 1 (c2), if the site has an area of less than 4 hectares, or

(b) Zone No 2 (d) or 3 (a), if the site has—

(i) an area of less than 6 000 square metres, and

(ii) a frontage to any road of less than 38 metres.

Motels—minimum site areas

26 Motels—minimum site areas

A person shall not carry out development for the purpose of a motel on any land which has an area—

(a) in the case of land within Zone No 1 (a1), 1 (a2), 1 (c1) or 1 (c2), of less than 4 hectares,

(b) in the case of land within Zone No 2 (c1), 2 (c2) or 2 (d), of less than 1 400 square metres, or

(c) in the case of land within Zone No 3 (a), of less than 1 000 square metres.

Motels—other site requirements

27 Motels—other site requirements

(1) This clause applies to development for the purpose of a motel on land within Zone No 2 (c1), 2 (c2) or 2 (d).

(2) A motel containing—

(a) 1 storey, shall not occupy more than 25 per cent of the site area, or

(b) 2 or more storeys, shall not occupy more than 20 per cent of the site area.

(3) Subject to subclause (4), a person shall not erect or use a motel on any site if the distance between a wall of any building on the site and the side or rear boundary of the site is less than 3 metres.

(4) The minimum distance referred to in subclause (3) between—

(a) a side wall of a building on a site and the side boundary of the site, or

(b) the rear wall of a building on a site and the rear boundary of the site,

shall be deemed to be increased by a distance equivalent to one-third of the distance, if any, by which the height of that wall exceeds 3 metres.

Motels—density controls

28 Motels—density controls

(1) This clause applies to development for the purpose of a motel on land within Zone No 2 (c1), 2 (c2) or 2 (d).

(2) The maximum number of residential units that may be contained in a motel erected on land to which this clause applies shall not exceed the highest whole number calculated at the following rate applicable in respect of the motel—

(a) if the motel consists of a single storey building, one unit for each 140 square metres of the site area, or

(b) if the motel consists of a building having more than one storey, one unit for each 120 square metres of the site area.

Service stations and car repair stations

29 Service stations and car repair stations

A person shall not carry out development for the purposes of a service station or a car repair station on land having an area of less than 1 000 square metres.

Division 4

Rural uses

Division 4 Rural uses

Rural uses

30 Rural uses

(1) Except as provided by subclause (2), a person shall not use land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2), 1 (c3) or 1 (d), for a purpose included in Column 4 of the Table to clause 9 with respect to that zone, unless that land has an area of not less than 4 hectares.

(2) Subclause (1) does not operate to prohibit the use of land within a zone specified in that subclause for the purpose of a community centre, child care centre, dwelling-house, guest house, home industry, home occupation, plant nursery, professional consulting rooms, public buildings, public purposes, refreshment rooms, roadside stalls, utility installations, any purpose ancillary or incidental to the use of that land as open space or the purpose of agriculture.

cl 30: Am 1.6.1984; 23.5.1986; 11.12.1987.

Restrictions on building etc in Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2) or 1 (d)

31 Restrictions on building etc in Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2) or 1 (d)

A person shall not erect a building or carry out a work on land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (c1), 1 (c2) or 1 (d), for the purpose of goat keeping, pig-keeping, poultry farming, animal boarding, animal breeding or animal training establishments or veterinary establishments, without the consent of the council.

cl 31: Am 23.5.1984.

Division 5

Subdivision of land

Division 5 Subdivision of land

General restriction on subdivision

32 General restriction on subdivision

A person shall not subdivide land to which this plan applies without the consent of the council.

Subdivision in certain zones

33 Subdivision in certain zones

(1) This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (b), 2 (a1), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d).

(2) The council may consent to the subdivision of land only if, in the case of land within—

(a) Zone No 1 (a1) or 1 (b), each separate allotment created thereby has—

(i) an area of not less than 40 hectares,

(ii) a ratio of depth to frontage satisfactory to the council, and

(iii) in the case of land within Zone No 1 (b) which has a frontage to a main or an arterial road, a frontage of not less than 300 metres,

(b) Zone No 1 (a2), each separate allotment created thereby has—

(i) an area of not less than 120 hectares, and

(ii) a ratio of depth to frontage satisfactory to the council, or

(c) Zone No 2 (a1), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), each separate allotment created thereby has—

(i) if the allotment is not hatchet-shaped, an area of not less than 700 square metres,

(ii) if the allotment is hatchet-shaped, an area of not less than 1 100 square metres,

(iii) a ratio of depth to frontage satisfactory to the council, and

(iv) a frontage of not less than 18.5 metres.

(3) Notwithstanding subclause (2) (a), the council may consent to the subdivision of land within Zone No 1 (a1) shown edged blue on the map into allotments of not less than 8 000 square metres if those allotments have ratio of depth to frontage satisfactory to the council.

(4) Notwithstanding subclause (2) (c), the council shall not consent to the subdivision of land within Zone No 2 (a1) shown edged blue on the map into allotments of less than 1 160 square metres.

(5) For the purposes of subclause (2) (c) (ii), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.

Further restriction on certain land within Zone No 1 (a3), 1 (c1), 1 (c2), 1 (c3), 2 (a2) or 7 (e)

34 Further restriction on certain land within Zone No 1 (a3), 1 (c1), 1 (c2), 1 (c3), 2 (a2) or 7 (e)

The council shall not consent to the subdivision of land within Zone No 1 (a3), 1 (c1), 1 (c2), 1 (c3), 2 (a2) or 7 (e).

cl 34: Am 1.6.1984; 4.9.1987.

34A

Subdivision within Zone No 9 (e)

34A Subdivision within Zone No 9 (e)

The council shall not consent to the subdivision of land within Zone No 9 (e) unless the subdivision is for the purpose of consolidation or boundary adjustment.

cl 34A: Ins 13.2.1987.

Consent not required in certain cases

35 Consent not required in certain cases

(1) In this clause, existing holding means—

(a) except as provided by paragraph (b)—the area of a lot, portion or parcel of land as it was at the appointed day, or

(b) where, as at the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels as they were as at the appointed day.

(2) Nothing in this plan prevents the subdivision of land for any one or more of the following purposes—

(a) to open a public road (not involving the creation of an allotment referred to in clause 33),

(b) to enlarge the area of an existing holding by amalgamating that existing holding with one or more other existing holdings,

(c) to consolidate allotments of land within Zone No 1 (c1) into allotments of not less than 2 000 square metres, or

(d) to consolidate a number of contiguous existing holdings within Zone No 1 (c2) into a single allotment.

35A

Subdivision of certain land at Winmalee

35A Subdivision of certain land at Winmalee

(1) This clause applies to the land shown within Zone No 1 (d) on the map marked “Blue Mountains Local Environmental Plan No 36”.

(2) The council may consent to the subdivision of the land to which this clause applies only if—

(a) in the case of the land being Portions 76–82, Part Portions 83 and 84, and Lots 1 and 2, Deposited Plan 564595, situated west of the intersection of Singles Ridge Road and Heather Glen Road—each allotment created thereby has a road frontage of not less than 50 metres, and

(b) in the case of any other land to which this clause applies—each allotment created thereby has a road frontage of not less than 70 metres.

cl 35A: Ins 23.5.1986 (see also 5.9.1986).

Division 6

Building and development generally

Division 6 Building and development generally

Building lines along main or arterial roads

36 Building lines along main or arterial roads

(1) Except as provided by subclause (2), a building shall not, on land which is within a zone specified in Column 1 of the Table to this clause and which has a frontage to a main or an arterial road, be erected within the distance, specified in Column 2 of that Table opposite that zone, from the alignment or proposed alignment, as shown on that map, of the main or arterial road.

Table

| Column 1 | Column 2 | | Zone | Distance (in metres) from alignment or proposed alignment | | 1 (b) | 30 | | 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2), 2 (d), 4 (a) or 4 (b) | 18 |

(2) The council may, if in its opinion—

(a) the exceptional physical characteristics of the site render it necessary or expedient so to do, or

(b) no traffic hazard or situation of ribbon development is or is likely to be created thereby,

consent to the erection on land of a building at a distance, in the case of land—

(c) within Zone No 1 (b), of not less than 10 metres, or

(d) being land other than land within Zone No 1 (b), 3 (a), 3 (b) or 3 (c), of not less than 8 metres,

from the nearest alignment or proposed alignment of a main or arterial road.

cl 36, table: Am 1.6.1984.

Use of land differently zoned

37 Use of land differently zoned

(1) Where one part of an allotment of land is within one zone and another part is within another zone, the council may, notwithstanding any provision of this plan to the contrary, consent to the use of one such part for the purposes of access to the other part.

(2) Subclause (1) does not apply to an allotment of land having a major road frontage.

Floor space of buildings

38 Floor space of buildings

(1) In this clause—

Blaxland West means that part of the Town of Blaxland bounded by the Great Western Highway, Station, Hope and View Streets.

building, in relation to land within Zone No 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), does not include a dwelling-house or residential flat building.

site means the land the subject of a development application, including any part of the land reserved or dedicated for a public purpose.

(2) The ratio of the total floor space of any building or buildings erected or proposed to be erected on land within a zone, specified in Column 1 of the Table to this clause, to the site area of that land shall not exceed the ratio set out opposite that zone in Column 2 of the Table.

Table

| Column 1 | Column 2 | | Zone | Floor space ratio | | 2 (a1), 2 (b1) or 2 (a2) | 0.35:1 | | 2 (b2) or 2 (c1) | 0.6:1 | | 2 (c2) or 2 (d) | 0.75:1 | | 3 (a) at Katoomba or Springwood | 2:1 | | 3 (a) except at Katoomba, Springwood or Blaxland West | 1:1 | | 3 (a) at Blaxland West | 0.5:1 | | 3 (b), 3 (c), 3 (d), 4 (a) or 4 (b) | 0.5:1 |

cl 38, table: Am 1.6.1984; 13.7.1984.

Height of buildings

39 Height of buildings

A person shall not erect a building on land within—

(a) Zone No 2 (b1), if, at any point, that building contains more than 1 storey above ground level, or

(b) a zone other than Zone No 2 (b1), if that building contains more than 2 storeys above ground level.

Utility services

40 Utility services

(1) Except as provided by subclause (2), no development shall be carried out on any land unless and until arrangements satisfactory to the council have been made for the provision to that land of a reticulated water supply, drainage and electricity services and the disposal of sewage.

(2) The council may consent to the development of land for the purpose of a dwelling-house where no reticulated water supply is available if there is provided on the site water storage facilities having a capacity of not less than 30 000 litres.

Advertisement of certain applications

41 Advertisement of certain applications

Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development on land within—

(a) Zone No 2 (a1), 2 (a2), 2 (b1) or 2 (b2) for the purposes of a child care centre, home industry, hospital or place of public worship,

(b) Zone No 2 (c1), for a purpose referred to in paragraph (a) or Schedule 1, or for the purposes of a motel,

(c) Zone No 2 (c2), for a purpose referred to in paragraph (a) or Schedule 1, or for the purposes of a club, motel, place of assembly or reception establishment,

(d) Zone No 2 (d), for a purpose referred to in paragraph (a) or Schedule 1, or for the purposes of a club, motel, place of assembly or reception establishment, or

(e) Zone No 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), for the purposes of a residential flat building,

in the same way as those provisions apply to and in respect of designated development.

Assessment of certain factors

42 Assessment of certain factors

The council shall not consent to the carrying out of any development on land to which this plan applies, unless it has made an assessment of—

(a) whether satisfactory arrangements have been made to reduce the risk of fire spreading on the site on which the development is intended to be carried out, onto the site from land adjoining the site or from the site on to land adjoining the site,

(b) whether arrangements, satisfactory to the council, have been made to reduce the risk of subsidence, slip or flooding of the land to which the proposed development relates,

(c) the effect, if any, which the development will or is likely to have on any item of the environmental heritage, within the meaning of clause 58, and any other building or site which the council considers to be of scientific or historic interest,

(d) the height of any building in the locality,

(e) where the development is intended to be carried out on land (other than land within the escarpment preservation area) whether, having regard to the topography of the land the type and extent of existing trees and vegetation, adequate provision has been made, in the opinion of the council, to preserve the visual amenity of the locality, and

(f) whether adequate provision has been made, in the opinion of the council, for access on to the land from a public road.

42A

Assessment of certain additional factors in Zone No 9 (e)

42A Assessment of certain additional factors in Zone No 9 (e)

(1) This clause applies to land within Zone No 9 (e).

(2) The council shall not consent to the carrying out of development on land to which this clause applies unless, in addition to those matters listed in clause 42 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 extent 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) whether consideration has been given to an alternative site for the development,

(f) whether consideration has been given to an alternative method of carrying out the development,

(g) whether adequate measures have been or will be taken with respect to the proper disposal of sewage, and

(h) land capability and soil erosion hazard.

cl 42A: Ins 13.2.1987.

Assessment of certain applications

43 Assessment of certain applications

The council shall, in respect of an application under the Act for its consent to the carrying out of development on land within view of any waterway or adjacent to any main or arterial road, railway, public reserve, or on land within Zone No 6 (a), 6 (b), 6 (c), 6 (d), 6 (e) or 9 (d), make an assessment of the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, main or arterial road, railway, public reserve or land so zoned.

cl 43: Am 28.2.1986; 10.4.1987.

43A

Certain development of land within Zone No 6 (a) or 6 (e)

43A Certain development of land within Zone No 6 (a) or 6 (e)

In considering whether to grant consent to the carrying out of development on any land within Zone No 6 (a) or 6 (e), the council shall take into account—

(a) the necessity for the proposed development on the land,

(b) the impact of the proposed development on the existing or likely future use of the land, and

(c) the necessity to retain the land for its existing or likely future use.

cl 43A: Ins 28.2.1986. Am 10.4.1987.

43B

Assessment of the impact of development adjacent to Zone No 9 (e)

43B Assessment of the impact of development adjacent to Zone No 9 (e)

The council shall, when considering an application to carry out development on land adjacent to land within Zone No 9 (e), make an assessment of the impact of that development on the aesthetic, historical, natural, scenic and scientific attributes of the land within that zone.

cl 43B: Ins 13.2.1987.

44

44 (Repealed)

Local building lines

45 Local building lines

(1) The council may, by resolution, fix a line (in this clause called a local building line) in respect of any land fronting any river, creek, lake, lagoon, escarpment or cliff edge.

(2) A local building line shall, when fixed in accordance with subclause (1), be marked upon a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the council.

(3) The council may alter or abolish any local building line where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4) A building shall not be erected between a local building line and the river, creek, lake, lagoon, escarpment or cliff edge in respect of which the line is fixed.

46

46 (Repealed)

Tree preservation

47 Tree preservation

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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—

(a) that the tree was dead and that tree was not a “likely habitat tree” within the meaning of this clause, or

(b) that the tree posed an imminent danger to property or life, or

(c) 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.

(7) 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 47: Subst 24.12.1999.

47A

Demolition requires development consent

47A 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 47A–47C: Ins 2019 (659), Sch 2.5.

47B

Temporary use of land

47B Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

cll 47A–47C: Ins 2019 (659), Sch 2.5.

47C

Conversion of fire alarms

47C 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 47A–47C: Ins 2019 (659), Sch 2.5.

47D

Standards that cannot be used to refuse consent—playing and performing music

47D 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 47D: Ins 2020 (724), Sch 3.

47E

Flood planning

47E 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 47E: Ins 2022 (629), Sch 2[2]. Am 2023 (609), Sch 2.5[2] [3].

47F

Canal estate development prohibited

47F 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 47F: Ins 2022 (629), Sch 2[4].

Division 7

Roads

Division 7 Roads

48

48 (Repealed)

Restrictions on development in respect of certain road proposals

49 Restrictions on development in respect of certain road proposals

(1) Where, on the map, a proposed new alignment of a road is shown by a broken black line with the words “Proposed new alignment”, the council shall not consent to the erection of a building or the carrying out of a work on land between the existing alignment of the road and the proposed new alignment, but nothing in this subclause prevents the council from consenting to development being carried out on that land for the purpose of what, in the opinion of the council, are minor and not substantial repairs and improvements required for permitting the reasonable preservation and temporary use of a building or work.

(2) (Repealed)

(3) If the road proposed to be realigned is a main road, the council must not consent to the carrying out of those repairs and improvements unless it has taken into consideration—

(a) the effect which the erection of the building or the carrying out of the work will, or (in the opinion of the council) is likely to, have on—

(i) the future construction of the road or bridge to the proposed new alignment, and

(ii) traffic flow and traffic safety, and

(b) the estimated cost of carrying out the development and the change likely to be caused by the development having been carried out in the value of the land situated between the existing and the proposed alignments.

cl 49: Am 2008 (571), Sch 3.18 [2]–[4].

Division 8

Development in escarpment preservation areas

Division 8 Development in escarpment preservation areas

Application of Division

50 Application of Division

This Division applies to all land in an escarpment preservation area.

Interpretation

51 Interpretation

In this Division—

external surfaces, in relation to a building or work, includes the external walls and cladding (if any) thereon, external doors, external door and window frames, columns, roofs, fences, and any other surface of the building or work visible from the exterior of that building or work.

prescribed materials means dark toned or dark coloured materials of low reflective quality or materials which are painted or similarly treated with dark toned or dark coloured paint or pigment of low reflective quality.

Consent required for certain development

52 Consent required for certain development

(1) Notwithstanding any other provision of this plan, a person shall not, without the consent of the council, carry out any development on land within an escarpment preservation area or clear any such land of vegetation or trees.

(2) For the purpose of the council’s proper consideration of an application for—

(a) consent to the development of land within an escarpment preservation area, the council may require the applicant to furnish plans and details showing—

(i) the type and location of the existing vegetation on the site,

(ii) the proposed landscaping of the site in relation to the buildings or works proposed to be erected or carried out, and

(iii) the number, type and location of tress and shrubs which are to be retained or planted on the site, or

(b) consent to the clearing, on land within an escarpment preservation area, of vegetation or trees, the council may require the applicant to furnish plans and details showing—

(i) the extent of the proposed clearing of the site,

(ii) the extent of any landscaping of the site which is proposed to be carried out, and

(iii) the number, type and location of trees and shrubs which are to be retained or planted on the site.

Assessment of certain matters

53 Assessment of certain matters

The council shall not consent to the carrying out of development on land to which this Division applies, unless it has made an assessment of—

(a) the types of materials to be used in any proposed building or work,

(b) the height of any proposed building, and

(c) the proportion of the site which is to be covered by any building,

to which the development application relates.

Restrictions on building

54 Restrictions on building

(1) A person shall not erect a building on land within an escarpment preservation area, if that building—

(a) has a height, when measured form any point on the building to the natural ground level of the site immediately below that point, of more than 8 metres,

(b) occupies more than 55 per cent of the area of the site, or

(c) except as provided by subclause (2) or (3), has external surfaces of other than prescribed materials.

(2) Subclause (1) (c) does not—

(a) operate to prohibit the use of materials other than prescribed materials, if the use of those other materials is necessary for the purpose of complying with Ordinance No 70 made under the Local Government Act 1919, or

(b) apply where, in the opinion of the council, the use of a material other than a prescribed material would, by reason of the topography of the site, have no detrimental effect on the visual appearance of the escarpment.

(3) The council may consent to—

(a) the alteration or enlargement of—

(i) an existing building, or

(ii) a building ancillary to an existing building,

on land within an escarpment preservation area, if the existing building or the building ancillary to the existing building has external surfaces of other than prescribed materials, or

(b) the use of the external surface of a building, on land within an escarpment preservation area, of materials other than prescribed materials, if the total surface area of those materials does not exceed 10 per cent of the external surface area of the building.

(4) In subclause (3), existing building means a building lawfully erected at any time prior to the making, after the appointed day, of a development application in respect of the land on which the building is erected.

Use of prescribed materials

55 Use of prescribed materials

A material which is a prescribed material shall not be used in connection with the carrying out of development on land to which this Division applies unless, in the opinion of the council, that material blends with the landscape of the site and its surroundings.

Division 9

Development on reserved land

Division 9 Development on reserved land

Building etc not to be erected without consent on reserved land

56 Building etc not to be erected without consent on reserved land

(1) This clause applies to land within Zone No 9 (a), 9 (b), 9 (c), 9 (d) or 9 (e).

(2) Except as provided by subclauses (4) and (5), a person shall not, on land to which this clause applies, 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 purpose for which the land is reserved.

(3) A person shall not carry out any development upon land to which this clause applies so as to render it unfit for the purpose for which it is reserved.

(4) Where it appears to the council that the purpose for which land is reserved under Part 2 cannot be carried into effect within a reasonable time after the appointed day or the day on which it first becomes so reserved, whichever is the later day, the owner of the land may, with the consent of the council, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation on that land.

(5) Nothing in this clause shall operate to prohibit the erection of a fence on any land reserved under Part 2 or the erection or construction on the land, with the consent of the council, of any utility installation.

cl 56: Subst 13.2.1987.

Acquisition of land

57 Acquisition of land

(1) The owner of any land within Zone No 6 (b), 9 (a), 9 (b), 9 (c) or 9 (d) upon which the erection of any building or the carrying out or alteration of any work of a permanent character or the making or alteration of any permanent excavation is prohibited, except for or incidental to a purpose for which the land is so zoned, and the owner of any land so zoned, in respect of which the council has refused its consent pursuant to clause 56 (3) may, by notice in writing, require the council to acquire that land.

(2) Upon receipt of a notice referred to in subclause (1), the council shall acquire the land to which the notice relates.

57A

Acquisition of land within Zone No 9 (e) by corporation

57A Acquisition of land within Zone No 9 (e) by corporation

(1) The owner of any land within Zone No 9 (e) may, by notice in writing, require the corporation to acquire that land.

(2) Upon receipt of a notice referred to in subclause (1), the corporation shall acquire the land to which the notice relates.

cl 57A: Ins 13.2.1987.

Division 10

Other uses

Division 10 Other uses

Heritage conservation

58 Heritage conservation

(1) The aims and objectives of this clause are to identify and protect the Blue Mountains’ natural and cultural heritage.

(2) In this clause—

alter, in relation to a heritage item or to a building or work within a Heritage Conservation Area, means change the inside or outside of the heritage item, building or work, but does not include changes that maintain the existing detail, fabric, finish or appearance outside of the heritage item, building or work.

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.

demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.

Heritage Conservation Area means land to which this plan applies that consists of, or is included in, an area identified as such on the Map and in Schedule 2 to Blue Mountains Local Environmental Plan 1991.

heritage item means a building, work, relic, tree or place of heritage significance situated on land to which this plan applies and identified in Schedule 2 to Blue Mountains Local Environmental Plan 1991.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

Map has the same meaning as in Blue Mountains Local Environmental Plan 1991.

relic means any deposit, object or material evidence which is over 50 years old relating to settlement.

(3) 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 feature on the land on which the building, work or relic is situated or on the land which comprises the place.

(4) 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.

(5) 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).

(6), (7) (Repealed)

(8) 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 Heritage Conservation Area,

• 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) where 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.

cl 58: Subst 27.12.1991. Am 3.9.1993; 21.2.1997; 2008 (571), Sch 3.18 [5] [6].

58A

Protected Areas

58A Protected Areas

(1) The aims and objectives of this clause are to establish 3 different kinds of Protected Areas and, with respect to those areas—

(a) Environmental Constraint Area

(i) To protect environmentally sensitive land and areas of high scenic value in the City.

(ii) To provide a buffer around areas of ecological significance.

(iii) To restrict development on land that is inappropriate by reason of its physical characteristics or bushfire risk.

(b) Escarpment Area

(i) To preserve and enhance the natural environmental and visual significance of the escarpment system of the Blue Mountains.

(ii) 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.

(iii) 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.

(c) Water Supply Catchment Area

(i) To protect the City’s water supply.

(ii) To maintain the quality of the natural environment.

(2) This clause applies to land to which this plan applies shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 1991, in a distinctive manner and by the following annotations—

Environmental Constraint Area

Escarpment Area

Water Supply Catchment Area

(3) In this clause—

storey is any separate floor within a building, but does not include—

(a) a floor of a building used exclusively for the purpose of car-parking, storage, laundry facilities or similar purposes, or any combination of such purposes, where the ceiling level of that floor is not more than 1 metre above finished ground level at any point, or

(b) storage or living space within the roof void.

(4) The development criteria for the following Protected Areas are—

(a) 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 will not compromise the objectives of the Protected Area.

(b) Escarpment Area

(i) The Council shall not consent to any development involving the clearing of trees 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 objective.

(ii) 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.

(c) Water Supply Catchment Area

(i) 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.

(ii) 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.

(iii) 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 58A: Ins 27.12.1991. Am 2006 (289), Sch 1.2 [2].

Suspension of certain laws etc

59 Suspension of certain laws etc

(1) For the purpose of enabling development to be carried out in accordance out in accordance with this plan (as in force when the development is carried out) or in accordance with a consent granted under the Act—

(a) in relation to any development—

(i) section 314 (1) (c) of the Local Government Act 1919, and

(ii) Schedule 7 to that Act,

(b) in relation to development carried out in accordance with the clause 14, section 37 of the Strata Titles Act 1973, and

(c) in relation to the development of land within any zone, other than Zone No 2 (a1), 2 (a2), 2 (b1), 2 (b2), 2 (c1), 2 (c2) or 2 (d), any covenant, agreement or instrument imposing a restriction as to the erection or use of the buildings for certain purposes or as to the use of land for certain purposes,

to the extent necessary to serve that purpose, shall not apply to any such development.

(2) Pursuant to section 28 of the Act, before the making of this Plan—

(a) the Governor approved of subclause (1),

(b) the Minister for the time being administering the provisions of the Local Government Act 1919 referred to in that subclause concurred in writing in the recommendation for the approval of the Governor of subclause (1) in so far as that subclause relates to those provisions, and

(c) the Minister for the time being administering the provision of the Strata Titles Act 1973 referred to in that subclause concurred in writing in the recommendation for the approval of the Governor of subclause (1) in so far as that subclause relates to that provision.

59A

Development near the boundary of adjoining zones

59A Development near the boundary of adjoining zones

(1) This clause applies to land which is within 10 metres of a boundary between any 2 zones.

(2) Subject to subclause (3), development may, with the consent of the council, be carried out on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

(3) The council shall not consent to the carrying out of development referred to in subclause (2) unless the carrying out of the development is desirable, in the opinion of the council, due to planning, design, ownership, servicing or similar requirements relating to the development of land to which this plan applies.

cl 59A: Ins 13.2.1987.

Development for certain additional purposes

60 Development for certain additional purposes

(1) Nothing in this plan prevents a person, with the consent of the council, from carrying out development on land referred to in Schedule 7 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subject or with a consent granted by the council in respect of the development.

60A

60A, 61 (Repealed)

61AA

Development of certain land at Blaxland (Great Western Highway near Hope Street) for integrated housing

61AA Development of certain land at Blaxland (Great Western Highway near Hope Street) for integrated housing

(1) This clause applies to land situated at 108 Great Western Highway, Blaxland, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 126” deposited in the office of the Council.

(2) In this clause—

community scheme subdivision means subdivision of land under the Community Land Development Act 1989.

integrated housing development means development that consists of—

(a) the community scheme subdivision of land into 5 or more allotments, and

(b) the erection of a single dwelling-house on each of the allotments created by that subdivision.

site coverage ratio, for the land to which this clause applies, means the ratio of the total of the gross floor areas of all dwelling-houses that are or will be situated within a site to the total area of the site.

(3) Integrated housing development may be carried out on the land to which this clause applies, but only with the consent of the Council.

(4) Clause 33 (which sets minimum areas for allotments) does not apply to land to which this clause applies.

(5) The Council must not grant consent to the carrying out of integrated housing development on land to which this clause applies unless it is satisfied that—

(a) each allotment created by the community scheme subdivision on which a dwelling-house and courtyard will be erected has an area of 260 m2 or more, and

(b) the development makes adequate provision with respect to the privacy of each proposed dwelling-house, and

(c) the development makes adequate provision with respect to natural light for each proposed dwelling-house, and

(d) the site coverage ratio for the land will not exceed 0.15:1, and

(e) adequate arrangements can be made for the provision of water, sewerage and drainage services for each proposed dwelling-house, and

(f) the maximum number of dwelling-houses that will be erected on the land is 43, and

(g) no building will be erected at a distance of less than 14 metres form the nearest alignment or proposed alignment of a main arterial road.

(6) The Council may impose on any consent granted by it to the carrying out of integrated housing development on land to which this clause applies a condition to the effect that the development will include a lot, owned by the community association and known as community property, on which facilities will be constructed for the exclusive use of the community association.

cl 61AA: Ins 11.7.1997.

61A

Certain development at Leura (Fitzroy Street and Gladstone Road)

61A Certain development at Leura (Fitzroy Street and Gladstone Road)

(1) This clause applies to land in the vicinity of Fitzroy Street and Gladstone Road, Leura, as shown edged heavy black on Sheet 1 of the map marked “Blue Mountains Local Environmental Plan No 28”.

(2) Clause 39 does not operate so as to prohibit the erection of a building on the land to which this clause applies where that building does not exceed 8.5 metres in height above ground level.

(3) The council shall not consent to the carrying out, on the land to which this clause applies, of development for the purpose of a retirement village if the number of dwellings in the retirement village exceeds 77.

cl 61A: Ins 21.9.1984.

61B

Certain development at Leura (McLachlan Road)

61B Certain development at Leura (McLachlan Road)

(1) This clause applies to land in the vicinity of McLachlan Road, Leura, as shown edged heavy black on Sheet 2 of the map marked “Blue Mountains Local Environmental Plan No 28”.

(2) (Repealed)

(3) In considering whether to grant consent to the carrying out of development on land to which this clause applies, the council must take into consideration—

(a) the likely effect of the development on the visual environment,

(b) the likely effect of the development on the natural environment,

(c) without limiting the generality of paragraph (b), the likely effect of the development, both during construction and operation, on the natural environment by reason of alteration to the flow of ground water and emission of pollutants, and

(d) the likely effect of the development with regard to the social and economic welfare of the City of Blue Mountains.

cl 61B: Ins 21.9.1984. Am 2005 No 98, Sch 2.6 [2] [3]; 2008 (571), Sch 3.18 [7] [8].

Certain development at Leura

62 Certain development at Leura

(1) (Repealed)

(2) In considering whether to grant consent to the carrying out of development on land to which Blue Mountains Local Environmental Plan No 12 applies, the council must take into consideration—

(a) the likely effect of the development on the visual environment,

(b) the likely effect of the development on the natural environment,

(c) without limiting the generality of paragraph (b), the likely effect of the development, both during construction and operation, on the natural environment by reason of alteration to the flow of ground water and emission of pollutants, and

(d) the likely effect of the development with regard to the social and economic welfare of the city of Blue Mountains.

cl 62: Ins 2.12.1983. Am 2008 (571), Sch 3.18 [9] [10].

Development of certain land at Shipley Plateau

63 Development of certain land at Shipley Plateau

The Council shall not consent to the carrying out of development on that part of the land in Centennial Glen Road in DP 12669 or DP 29886 which is within Zone No 1 (c3) unless the area of the allotment on which the development is proposed to be carried out is not less than 1 000 square metres.

cl 63: Ins 1.6.1984.

Development of certain land at King’s Tableland

64 Development of certain land at King’s Tableland

(1) Notwithstanding the provisions of clause 34, a person may, with the consent of the council—

(a) subdivide land within Zone No 2 (a2) on part portion 512, Hordern Road, into 4 allotments, or

(b) subdivide land within Zone No 1 (c3) on portion 152, Tableland Road, into allotments of not less than 2 hectares.

(2) The council shall not consent to the carrying out of development on the land comprising lot 22, DP 624458, and lots 65–68, DP 23367, Tableland Road, unless the area of the allotment on which the development is proposed to be carried out is not less than 3 000 square metres.

cl 64: Ins 4.9.1987.

Development of certain land at Wentworth Falls

65 Development of certain land at Wentworth Falls

(1) This clause applies to part of portion 26, Great Western Highway, Wentworth Falls, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 79”.

(2) The council may grant consent—

(a) to the carrying out of development, on so much of the land to which this clause applies as is within Zone No 1 (c3), for the purposes of a recreational establishment (flora and fauna park), and

(b) to access being provided from the Great Western Highway, over that part of the land zoned Environment Protection, to the land referred to in paragraph (a).

(3) The council shall not grant consent to an application to carry out development on the land to which this clause applies unless—

(a) it is satisfied that the visual impact of the development will not prejudice the planning principles recommended for the future of the area, being a visual and environmental buffer between Bullaburra and Wentworth Falls, and

(b) it is satisfied that run-off from hard surfaces is disposed of and treated so that no adverse environmental effect occurs, and

(c) it is satisfied 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) any development is connected to the Water Board sewer.

(4) The council shall not grant consent to the development referred to in subclause (2) after the expiration of 12 months from the day on which Blue Mountains Local Environmental Plan No 79 takes effect.

(5) Nothing in subclause (4) shall prevent the council from granting consent to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted under subclause (2) (a).

cl 65: Ins 3.3.1989.

65A

Certain development at Katoomba (Great Western Highway near Camp Street)

65A Certain development at Katoomba (Great Western Highway near Camp Street)

(1) This clause applies to land on the Great Western Highway, Katoomba, being part Lots 9, 10, 11, 12 and 14, Sec 1, DP 3381; part Lots A and B, DP 396209; part Lot 14, DP 925593, as shown edged heavy black on sheet 1 of the map marked “Blue Mountains Local Environmental Plan No 107” deposited in the office of the council.

(2) The council is not to grant consent to the carrying out of development on land to which this clause applies for purposes other than a single dwelling house on each lot unless the council is satisfied that—

(a) the Water Board has previously provided certification to the council that the sewage treatment plant serving this area has the capacity to accommodate the additional development, and

(b) direct vehicular access from the Great Western Highway will not be provided to or from the land.

cl 65A: Ins 3.2.1995. Am 2005 No 98, Sch 2.6 [4].

Development of certain land at Glenbrook

66 Development of certain land at Glenbrook

(1) This clause applies to lots 11 and 12, DP 610979, Cross Street and lot A, DP 954056 and lot 2, Section 31, Glen Street, Glenbrook, being land generally bounded by Ross Street, Cross Street, Glen Street and Burfitt Parade.

(2) The Council may grant consent to the carrying out of development on the land to which this clause applies for the purposes of an integrated development incorporating retail and office space, restaurant and gallery facilities, town house style residential development and associated car parking.

(3) The Council may not grant consent to an application to carry out development on the land to which this clause applies unless—

(a) the design and appearance of the development preserves the existing village atmosphere of the business area,

(b) the development presents an integrated and sympathetic design, and

(c) the site layout ensures the maximum retention of the mature trees on the land, particularly those along Ross Street.

(4) The Council may not grant consent to the development referred to in subclause (2) after the expiration of 12 months from the day on which Blue Mountains Local Environmental Plan No 85 took effect.

(5) Nothing in subclause (4) prevents the Council from granting consent to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted under subclause (2).

cl 66: Ins 22.6.1990.

66A

Development of certain land at Glenbrook for integrated housing

66A Development of certain land at Glenbrook for integrated housing

(1) This clause applies to 3 parcels of contiguous land in the vicinity of Knapsack Street, McCauley Crescent, Mount Street and Lucasville Road, Glenbrook, each of which is shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 118” deposited in the office of the council.

(2) In this clause—

floor space ratio—

(a) for a dwelling house, means the ratio of the gross floor area of the dwelling-house to the area of the allotment on which it is or will be situated, or

(b) for a parcel of land to which this clause applies, means the ratio of the total of the gross floor areas of all dwelling-houses that are or will be situated within the parcel to the total of the areas of all allotments within the parcel on which dwelling-houses are or will be situated.

integrated housing development means—

(a) the subdivision of land into 5 or more allotments, and

(b) the erection of not more than one dwelling-house on each allotment created by that subdivision.

(3) Integrated housing development of land to which this clause applies may be carried out, but only with the consent of the council.

(4) Clause 33 (which sets minimum areas for allotments) does not apply to land to which this clause applies.

(5) The council must not grant consent to integrated housing development of land to which this clause applies unless it is satisfied that—

(a) each allotment created by the development and on which a dwelling-house will be erected has an area of 400 square metres or more, and

(b) the development makes adequate provision with respect to the privacy of each proposed dwelling-house, and

(c) the development makes adequate provision with respect to natural light for each proposed dwelling-house, and

(d) the floor space ratio for each proposed dwelling-house will not exceed 0.5:1, and

(e) the floor space ratio for each parcel of land to which this clause applies will not exceed 0.4:1, and

(f) adequate arrangements can be made for the provision of water, sewerage and drainage services for each proposed dwelling-house.

(6) For the purpose of allowing integrated housing development on land to which this clause applies, the rear boundaries of allotments on the periphery of that land may be adjusted with the consent of the council so as to reduce the size of those allotments, despite clause 33.

cl 66A: Ins 23.2.1996.

66B

Development of certain land at Springwood for integrated housing

66B Development of certain land at Springwood for integrated housing

(1) This clause applies to land situated between Bland Road and George Street Springwood as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 121” deposited in the office of the Council.

(2) In this clause floor space ratio, for the parcel of land to which this clause applies means the ratio of the total of the gross floor areas of all dwelling houses that are or will be situated within the parcel of the total of the areas of all lots within the parcel on which dwelling-houses are or will be situated.

lot means a lot as defined in The Strata Titles Act 1973.

(3) Development may with the consent of the Council, be carried out on the land to which this clause applies for the purposes of—

(a) subdivision, under the Strata Titles Act 1973, into 5 or more lots, and

(b) the erection of a single dwelling-house on each of the lots erected by that subdivision.

(4) The Council must not grant consent to any such development unless it is satisfied that—

(a) the average lot size created by the strata subdivision, on which a dwelling-house and court yard may be erected will be not less than 353m2, and

(b) the development makes adequate provision with respect to the privacy of each proposed dwelling-house, and

(c) the development makes adequate provision with respect to natural light for each proposed dwelling-house, and

(d) the floor space ratio for the whole of the land to which this clause applies will not exceed 0.35:1, and

(e) adequate arrangements can be made for the provision of water, sewerage and drainage services for each proposed dwelling-house, and

(f) the maximum number of dwelling-houses that will be erected on the subject land is 13, and

(g) no building will be erected at a distance of less than 10 metres from the nearest alignment or proposed alignment of a main or arterial road.

(5) Clause 33 (which sets minimum areas for allotments) does not apply to land to which this clause applies.

cl 66B: Ins 8.8.1997.

Development of certain land at Blackheath

67 Development of certain land at Blackheath

(1) This clause applies to Lot 1, DP 911334, Lot 1, DP 911760, DP 911652, Part Lot 1, DP 909231 and DP 942534, Corner Hat Hill Road and Wentworth Street, Blackheath, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 94”.

(2) The council shall not grant consent to an application for the subdivision of the land to which this clause applies unless the two heritage buildings located on that land and identified in the council’s heritage register deposited in the office of the council are retained within one allotment created by such subdivision.

cl 67: Ins 17.7.1992.

Reclassification of community land as operational land

68 Reclassification of community land as operational land

The land referred to in Schedule 8 is reclassified from community land to operational land.

cll 68: Ins 9.12.1994.

Development of certain land at Katoomba

69 Development of certain land at Katoomba

(1) This clause applies to land in Narrow Neck Road, Glencoe Road, Cliff Drive and Acacia Street, Katoomba, being the part of the land shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 112” that is also shown hatched or cross-hatched on that map.

(2) A person may, with the consent of the council, carry out development for the purposes of tourist facilities and residential flat buildings Class 1 on the land to which this clause applies.

(3) However, development for those purposes may be carried out on the part of the land that is shown cross-hatched on the map referred to in subclause (1) only if—

(a) an amount of the land shown hatched on that map (equivalent to the amount of the cross-hatched land developed for those purposes) is not so developed, and

(b) the council is satisfied that the topography of the land is such that no other land is suitable for development for those purposes.

(4) If development for those purposes is carried out on the cross-hatched land, the council is not to grant consent to a subsequent application for consent to carry out development for those purposes on the hatched land.

cll 69: Ins 9.12.1994.

69A

Development on Katoomba Town Approach Precinct

69A Development on Katoomba Town Approach Precinct

(1) This clause applies to land comprising Lot 3, DP 705910, Lots 12 and 13, DP 236340, Lot 4, DP 656607 and Lots 51 and 52, DP 827236 having frontage to Goldsmith Place, Myra Place and the Great Western Highway, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 144” and referred to in this clause as the Katoomba Town Approach Precinct.

(2) Notwithstanding any other provision of this plan, development for the purpose of the following is prohibited on the Katoomba Town Approach Precinct—

bulk stores; district supermarkets; drive-in take-away food shops; fast food outlets; motor showrooms; service stations; warehouses.

(3) Consent must not be granted to development on the Katoomba Town Approach Precinct unless the development proposed to be carried out—

(a) complies, to the satisfaction of the consent authority, with the precinct objectives in achieving the precinct vision statement as identified in subclause (4), and

(b) complies with the building envelope requirements as identified in subclause (5), and

(c) is consistent, to the satisfaction of the consent authority, with the design considerations as identified in subclause (6).

(4) Desired future character statement—

(a) Precinct vision statement.

Located adjacent to the primary road and rail corridors, this precinct experiences substantial redevelopment of sites and operates as both a “gateway” and transport interchange for the Katoomba town centre. New development supports this gateway role by presenting urban design of the highest quality that contributes to a positive first experience of Katoomba. This, together with a mix of land uses that support the role of the town centre, entices passing traffic to enter the town.

Trading over extended hours, development provides passive surveillance and improved public safety and amenity.

The precinct’s interchange role is supported by providing additional car parking opportunities, coach parking and convenient pedestrian access to the town centre. While offering high levels of accessibility to both pedestrian and vehicles, potential conflicts between the two are minimised.

(b) Precinct objectives.

(i) To promote urban forms of the highest design quality and incorporate strong “gateway” and “town entry” urban design elements.

(ii) To encourage a mix of land uses that support and contribute to the role of the Katoomba town centre.

(iii) To promote the economic viability of the Katoomba town centre.

(iv) To minimise conflicts between pedestrians and vehicles.

(v) To promote pedestrian linkages to the Yeaman Bridge and through the railway underpass.

(vi) To maintain important views to the town centre of Katoomba.

(5) Building envelope—

(a) Building height.

(i) No point of any building is to exceed a height of 12 metres above natural ground level other than a building within 15 metres of the Great Western Highway boundary which may have a height of not more than 12 metres above natural ground level or 8 metres above the level of the adjacent Great Western Highway footpath, whichever is the greater.

(ii) Notwithstanding subparagraph (i), a building may have a height of not more than 10 metres above footpath level at the corner of the Great Western Highway and the Yeaman Bridge intersection if the building element, which may include floor space, is designed to form a “gateway/entry” to the Katoomba town centre.

(iii) The height restrictions referred to in subparagraphs (i) and (ii) do not apply to architectural features incorporated into the building design.

(b) Development density.

(i) The maximum floor space ratio for development is 1.5:1.

(ii) Notwithstanding subparagraph (i), the maximum floor space ratio for development is 2:1 if the development provides, where the site adjoins the Yeaman Bridge, a public pedestrian access between Goldsmith Place and the Bridge, and incorporates any one or more of the following to the satisfaction of the consent authority—

(A) significantly enhanced public domain,

(B) significantly enhanced pedestrian amenity,

(C) public places and plazas.

(6) Design considerations—

(a) Active street frontages.

(i) Active street frontages are to be provided along Goldsmith Place and the eastern boundary of the precinct.

(ii) Visible and interactive uses are to be provided and distributed regularly along a minimum of 65 per cent of the frontage of the land to Goldsmith Place.

(iii) Development adjoining the eastern boundary is to enable casual surveillance of Myra Place.

(b) Built form and finishes.

(i) Long elevations of any building are to present varied heights and forms.

(ii) Exterior surfaces of walls visible from public places are not to be left blank, unadorned or unarticulated.

(iii) Roof forms are to conceal mechanical plant and equipment and present well when viewed from adjacent sites.

(iv) Gateway or entry statements are to be provided at the corner and frontage of the Great Western Highway and the Yeaman Bridge.

(v) All parking areas and delivery docks are to be concealed from public view.

(c) Pedestrian amenity and safety.

(i) Where a development site fronts or adjoins both the Yeaman Bridge and Goldsmith Place, public pedestrian access is to be provided between the two areas.

(ii) Awnings or colonnades are to be provided to the entire length of public footpaths and pedestrian areas along the Goldsmith Place frontage.

(iii) Pathways are to minimise conflicts between vehicles and pedestrians.

(iv) Clear sight lines are to be provided along pedestrian areas.

(v) Appropriate levels of lighting are to be provided to all pedestrian areas. All lightfittings are to have a form and character that is consistent with that of any building in the precinct that is adjacent to those areas.

(d) Vehicular access.

Vehicular access to or egress from the development is not to be provided directly to or from the Great Western Highway or the Yeaman Bridge.

(7) In this clause—

active street frontage means a street frontage with interactive spaces between the building frontage and adjacent footpaths, road reserves or other public spaces that—

(a) provide interesting stimuli and activity for pedestrians to observe, thereby enhancing their experience of the village or town centre, or

(b) enhance pedestrian safety and amenity through the provision of casual surveillance afforded by occupants.

district supermarket means a building or place used for the purpose of selling, exposing or offering for sale by retail or hire, goods, merchandise or material, with a gross floor area in excess of 1500 square metres.

drive-in take-away food shop means a building or place used for the purpose of selling prepared food to the public for consumption off the premises and that provides a service to customers while they remain within a motor vehicle, but does not include a building or place elsewhere defined in this clause.

fast food outlet means a building or place used for the purpose of selling prepared food in a form for immediate consumption where—

(a) payment for the food is required before the food is consumed, and

(b) the food is prepared and sold from a standard menu and in specialised packaging,

whether or not facilities are provided for the food to be consumed on the premises or taken away.

cl 69A: Ins 13.2.2004.

Schedule 1

(Clauses 9, 22 and 41)

Agency offices (other than T.A.B.)

Arts and crafts gallery

Beauty salons

Dressmaking

Friendly and benefit societies

Health Studios

Instrument repairing

Ladies and gent’s hairdresser

Library

Photographic studio

Professional offices

Professional consulting rooms

Silk screen printer

Tailoring

Tutorial college

Watch repairing

Schedule 2

(Clause 9)

Agricultural machinery manufacture

Aluminium products manufacture

Asbestos cement products manufacture

Bag and sack (textile) manufacture

Boiler manufacture

Brick, tile, pipe and pottery manufacture

Cement manufacture

Cement products manufacture

Electric machinery manufacture (heavy)

Extractive industry

Fibrous plaster manufacture

Fireclay products

Glass products manufacture

Grain milling

Hardboard manufacture

Heavy engineering

Hot mix (bitumen) manufacture

Machinery manufacture (heavy)

Match manufacture

Metal founding

Motor body building

Motor vehicles manufacture and assembly

Motor vehicle wrecking

Offensive or hazardous industry

Paint and varnish manufacture

Panel beating and spray painting

Plastic manufacture

Ready-mix concrete manufacture

Sawmilling

Steel products manufacture (heavy)

Stone cutting and crushing

Wire manufacture

Schedule 3

(Clause 9)

Beauty salons

Boot and shoe repairing

Bread, cake or pastry manufacture

Dressmaking

Dry cleaning and dyeing agency

Hairdressing salons

Home industries

Lending library

Maintenance and repair of electrical appliances and fittings

Photographic studios

Professional consulting rooms

Refreshment rooms

Self-service coin-operated laundry

Service station

Tailoring

Schedule 4

(Clause 9)

Chemist’s shop

Confectionary shop and milk bar

Fish and chip shop

Fruit shop

Newsagent’s shop

Opportunity shop

Smallgoods and sandwich shop

Tobacconist and hairdresser’s shop

Schedule 5

Schedules 5, 6 (Repealed)

sch 5: Rep 4.9.1987.

sch 6: Am 7.6.1985. Rep 27.12.1991.

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of plan

This plan may be cited as Blue Mountains Local Environmental Plan No 4.

2 Aims, objectives etc

This plan aims to promote the orderly and economic development of the City of Blue Mountains in a manner consistent with the need to protect the environment, and to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 2: Am 2020 (724), Sch 1.3.

3 Land to which this plan applies

This plan applies to certain land within the City of Blue Mountains, being that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 4”.

cl 3: Am 27.12.1991. Subst 2005 (633), cl 3 (1).

4 Relationship to other environmental planning instruments

This plan repeals—

(a) Interim Development Order No 28—City of Blue Mountains, and

(b) Blue Mountains Local Environmental Plans Nos 1, 2, 3, 5, 6 and 7.

5 Arrangement

This plan is divided as follows—

Part 1—Preliminary—cll 1–8

Part 2—General restrictions on development of land—cl 9

Part 3—Special provisions—cll 10–61

Division 1—Dwelling-houses and Boarding-houses—cll 10–14

Division 2—Residential Flat Buildings—cll 15–20