LEP 2005
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Part 1 - Preliminary

Division 1 - Administration

1 Name of plan

This plan is Blue Mountains Local Environmental Plan 2005.

2 Land to which plan applies

1. This plan applies to all land within the City, except land:
   1. to which Blue Mountains Local Environmental Plan No 4 applies, being land shown on the Map by distinctive colouring as "Area subject to LEP 4", or
   2. to which Blue Mountains Local Environmental Plan 1991 applies, being land:
      1. shown on the Map by distinctive colouring as "Area subject to LEP 1991", or
      2. not shown on the Map.
2. Clause 3, for the purpose only of delineating the land to which this plan and those plans apply, also applies to the land to which those plans apply.
3. Land shown as "Deferred Matter" on the Map by a distinctive hatching is not subject to this plan (being land that is excluded from the application of this plan under section 68 (5) or 70 (4) of the Act).

3 Relationship to other environmental planning instruments

1. This plan amends Blue Mountains Local Environmental Plan No 4 by replacing clause 3 with the following clause:
   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".
2. This plan amends Blue Mountains Local Environmental Plan 1991 by replacing clause 2 with the following clause:
   2. Land to which this plan applies
      This plan applies to certain land within the City of Blue Mountains, being:
      1. that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as "Area subject to LEP 1991", or
      2. that land not shown on the Map within the meaning of Blue Mountains Local Environmental Plan 2005.
3. State Environmental Planning Policy No 1--Development Standards does not apply to:
   1. clause 90 (9), (which relates to the area of a development space within the Living--Bushland Conservation zone) even if that provision is a development standard, and
   2. the provisions of Schedule 1 that relate to "site coverage" or "development density" and apply to development of land within the Village--Housing zone, even if those provisions are development standards.
4. For the purposes of the application of State Environmental Planning Policy No 9--Group Homes, a reference in this plan:
   1. to multi-dwelling housing includes a reference to a residential flat building containing a dwelling that is a group home within the meaning of that Policy, and
   2. to accessible housing does not include a reference to such a group home.

4 Regulatory instruments

1. For the purpose of enabling development to be carried 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, any agreement, covenant or similar instrument imposing a restriction as to the erection or use of buildings or as to the development of land for certain purposes, shall not apply to any such development.
2. Nothing in subclause (1) affects the rights or interests of the Council or any other public authority under any registered agreement.
3. Nothing in subclause (1) affects a covenant required by the consent authority to be imposed.
4. In accordance with section 28 (3) of the Act, before the making of this plan the Governor approved of subclauses (1), (2) and (3).

5 Consent authority for this plan

Blue Mountains City Council is the consent authority for the purposes of this plan, subject to the Act.

6 Definitions and interpretation

1. A term defined in the Dictionary at the end of this plan has the same meaning when used in this plan.
2. In this plan:
   1. a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and
   2. a reference to a map is a reference to a map held within the offices of the Council, and
   3. a reference to the Council's Better Living DCP is a reference to Part D (Standards for Development) of the Better Living--Development Control Plan approved by the Council on 8 March 2005.
3. Explanatory notes to this plan, diagrams and captions to diagrams, and the list of contents, are not part of this plan.
4. Savings and transitional provision Local environmental plans (including Blue Mountains Local Environmental Plan No 4) as in force immediately before the commencement of this plan, apply to a development application that was made but had not been finally determined before that commencement as if this plan had been exhibited but had not been made.

7 Map supporting the plan

The land to which this plan applies is shown on the Map, with each sheet of the Map illustrating a part of the land and divided into three panels as follows:

1. "Map Panel A: Zones, Precincts and Provisions" shows the zone or zones, any precincts and any map-designated provisions applying to that part of the land, and
2. "Map Panel B: Protected Areas" shows any protected area or areas applying to that part of the land, and
3. "Map Panel C: Heritage Conservation and Special Use" shows land that is subject to the heritage conservation provisions of this plan and land that is subject to the special use provisions of this plan.

8 Zones, precincts, protected areas and other map designations

1. Land is within a zone specified in subclause (2) if it is shown on Map Panel A by distinctive colouring as being within that zone.
2. This plan uses the following zones:
   1. Village--Town Centre,
   2. Village--Neighbourhood Centre,
   3. Village--Tourist,
   4. Village--Housing,
   5. Living--General,
   6. Living--Conservation,
   7. Living--Bushland Conservation,
   8. Employment--General,
   9. Employment--Enterprise,
   10. Regional Transport Corridor,
   11. Recreation--Private,
   12. Recreation--Open Space,
   13. Environmental Protection--Private,
   14. Environmental Protection--Open Space.
3. Land is within a precinct if it is shown on Map Panel A by distinctive edging and annotation as being within that precinct.
4. Land is subject to the map-designated provision specified in subclause (5) if it is shown on Map Panel A by distinctive hatching, edging or annotation as being subject to that provision.
5. This plan uses the following map-designated provisions:
   1. Accessible Housing Area,
   2. Acquisition Requirement,
   3. Consolidation (CONS) Requirement,
   4. No Subdivision (NS),
   5. Proposed Road Closure.
6. Land is within a protected area specified in subclause (7) if it is shown on Map Panel B by distinctive colouring, hatching or edging as being within that protected area.
7. This plan uses the following protected areas:
   1. Slope Constraint Area,
   2. Vegetation Constraint Area,
   3. Ecological Buffer Area,
   4. Escarpment Area,
   5. Water Supply Catchment,
   6. Riverine Scenic Quality Corridor,
   7. Period Housing Area.
8. Map Panel C identifies land that is a heritage item, a heritage item of State significance or within a heritage conservation area by distinctive edging, hatching or colouring.
9. Land is subject to a special use designated in subclause (10) if it is shown on Map Panel C by distinctive colouring as being subject to that special use.
10. This plan uses the following special use designations:
    1. cemetery,
    2. defence,
    3. depot,
    4. educational establishment,
    5. emergency services,
    6. hospital or health centre,
    7. parking facility,
    8. public building or facility,
    9. waste management facility.

9 Considerations before development consent

Before granting consent to the carrying out of any development on land to which this plan applies, the consent authority is to be satisfied that the development:

1. is consistent with the aim of this plan and the principles and practices of ecologically sustainable development, and
2. complies with the principal objectives of the plan that are relevant to the development, and
3. complies with the locality management provisions within Part 2 that apply to the land, and
4. complies with the assessment requirements and provisions within Part 3 that are relevant to the development, and
5. complies with the development provisions within Part 4 that are relevant to the development.

Division 2 - Planning principles

10 Aim of the plan

The aim of this plan is to provide a comprehensive and explicit framework for the development of land within the City, as the "City within a World Heritage National Park", in a manner that is consistent with and promotes the principles and practices of ecologically sustainable development.

11 Ecologically sustainable development

1. In this plan, "ecologically sustainable development" means development that improves the quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends.
2. This plan acknowledges the following principles and practices of ecologically sustainable development:
   1. Integration --the effective integration of environmental, social and economic considerations in decision-making.
   2. Community involvement --recognition that sustainability cannot be achieved, nor significant progress made toward it, without the support and involvement of the community.
   3. Precautionary behaviour --where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by:
      1. careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and
      2. an assessment of the risk weighted consequences of various options, with particular consideration given to cumulative impacts and ensuring that previous environmental damage is not compounded.
   4. Equity within and between generations --fairness and equal access to opportunities both in our lifetimes, as well as for future generations.
   5. Continual improvement --the declining environmental situation means there is an imperative to take immediate action to ensure development becomes more sustainable and to make continual improvement in the management of that development.
   6. Conservation of biological diversity and ecological integrity --the protection of biological diversity and the maintenance of essential ecological processes and life-support systems should be a fundamental consideration.
   7. Improved valuation and pricing of environmental resources --environmental factors should be included in the valuation of assets and services.

12 Principal objectives of the plan

The principal objectives of this plan are:

1. To maintain the unique identity and values of the City as the "City within a World Heritage National Park".
2. To meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms that respond to the principles of ecologically sustainable development.
3. To conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains.
4. To identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains.
5. To preserve and enhance watercourses, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney's drinking water catchments.
6. To prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure.
7. To limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts.
8. To identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains.
9. To promote the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community.
10. To ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services.
11. To provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values.
12. To ensure that the siting and design of new buildings, facilities and structures intended primarily for public use make reasonable provision for safe and comfortable access to those buildings for all people, including older people, people with a disability and those with limited mobility.
13. To integrate development with transport systems and promote safe and sustainable access opportunities, including public transport initiatives, walking and cycling.