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LEP 2005
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Part 2 - Locality management

Division 1 - Locality provisions

13 General locality management

  1. Consent shall not be granted to the carrying out of any development on land to which this plan applies unless:
    1. the development complies with the zone objectives within Division 2 (Zone objectives) that apply to the land and that are relevant to the development, and
    2. the development proposed to be carried out is permissible within the zone applying to the land in accordance with Division 3 (Permissibility of land use).
  2. Consent shall not be granted to development on land that adjoins land in another zone unless the development proposed to be carried out does not compromise achieving the objectives of the adjoining zone and the consent authority is satisfied that sufficient consideration has been given to the measures proposed to reduce any adverse impacts of the development on land within that adjoining zone.

14 Locality management within the villages

Consent shall not be granted to development within the:

  1. Village--Town Centre zone, or
  2. Village--Neighbourhood Centre zone, or
  3. Village--Tourist zone, or
  4. Village--Housing zone,

unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified for the relevant village within Schedule 1, and complies with those provisions.

15 Locality management within the living zones

  1. Consent shall not be granted to development within the Living--General zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 1 of Schedule 2, and complies with those provisions.
  2. Consent shall not be granted to development within the Living--Conservation zone or to development within roads shown uncoloured on the Map and adjoining the Living--Conservation zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 2, and complies with those provisions.
  3. Consent shall not be granted to development within the Living--Bushland Conservation zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 3 of Schedule 2, and complies with those provisions.

16 Locality management within the employment zones

  1. Consent shall not be granted to development within the Employment--General zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 1 of Schedule 3, and complies with those provisions.
  2. Consent shall not be granted to development within the Employment--Enterprise zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 3, and complies with those provisions.

17 Locality management within the recreation zones

  1. Consent shall not be granted to development within the Recreation--Private zone unless the development proposed to be carried out has been assessed in accordance with:
    1. (a) the relevant precinct provisions within Part 1 of Schedule 4, or
    2. (b) Division 2 of Part 1 of Schedule 4, where the development proposed to be carried out is not within a specific precinct,
    3. and complies with those provisions.
  2. Consent shall not be granted to development within the Recreation--Open Space zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 4, and complies with those provisions.

Division 2 - Zone objectives

18 Village--Town Centre zone

The objectives for the Village--Town Centre zone are as follows:

  1. To promote and consolidate the larger towns and villages within the Blue Mountains as the focus of retail, commercial, and community activity.
  2. To promote the unique character of each of the towns and villages of the Blue Mountains.
  3. To promote the economic viability of the towns and villages.
  4. To encourage a broad range of tourist activity in the towns and villages.
  5. To encourage a mix of residential land uses in association with business and community land uses.
  6. To focus large scale retailing and other higher order uses in appropriate locations within the district centres of Katoomba and Springwood.
  7. To promote high quality urban design of built forms.

19 Village--Neighbourhood Centre zone

The objectives for the Village--Neighbourhood Centre zone are as follows:

  1. To encourage a range of local convenience shopping facilities and associated commercial and community activities.
  2. To encourage a mix of residential land uses in association with a primarily commercial or retail land use.
  3. To direct future major commercial, retail and professional services to the village areas, thereby discouraging ribbon development along major arterial roads.
  4. To ensure that development contributes to the creation of a distinct village identity.
  5. To ensure that the non-residential uses are environmentally compatible with the residential uses and do not unreasonably affect the residential amenity within the zone as a result of factors such as operating hours, noise, loss of privacy, and pedestrian and vehicular traffic.
  6. To promote high quality urban design of built forms.

20 Village--Tourist zone

The objectives for the Village--Tourist zone are as follows:

  1. To allow opportunities for the development of a variety of tourist-orientated land uses and services within a predominantly residential area.
  2. To allow for the consolidation of tourism-related land uses in existing major tourism precincts in the Blue Mountains.
  3. To ensure that development contributes to a strengthening of the landscape character and visual setting along significant tourist routes.
  4. To retain and enhance the established traditional streetscape character and heritage values, including mature vegetation and gardens, that contribute to the attraction of the area for residents and visitors.
  5. To ensure that the building form and design of non-residential land uses do not unreasonably detract from the amenity of adjoining or adjacent residents or the existing quality of the environment by its scale, height, bulk or operation.
  6. To only permit development that does not place unacceptable demands on infrastructure and services.

21 Village--Housing zone

The objectives for the Village--Housing zone are as follows:

  1. To provide diverse housing types in terms of size, access, tenure and levels of affordability.
  2. To consolidate residential opportunities in areas within close proximity to commercial centres and railway stations.
  3. To make area-specific provisions in relation to density, design, form, building materials and landscaping to retain the distinct character of the relevant village location and maintain appropriate transitions to adjoining land uses.
  4. To encourage the provision of housing options that are designed to be accessible for people with special needs or are easily adaptable for these needs in the future.
  5. To ensure that residential development has a scale and character at the streetscape that is consistent with adjoining residential land uses and minimises adverse impact on environmental quality and on the amenity of residents.
  6. To permit only development that does not place unacceptable demands on infrastructure and services.

22 Living--General zone

The objectives for the Living--General zone are as follows:

  1. To allow for residential development primarily in the form of detached single dwelling houses in a variety of types, designs and tenures.
  2. To promote residential development in locations that are accessible to services and facilities, thereby encouraging use of transport modes other than private motor vehicles.
  3. To ensure that residential and non-residential development maintains and improves the character of residential areas, in a manner that minimises impacts on the existing amenity and environmental quality of those areas.
  4. To allow a range of non-residential land uses that are consistent with the predominant scale and height of adjoining buildings and do not unreasonably detract from the amenity of adjoining or adjacent residents.
  5. To ensure that development responds to the environmental characteristics of the site.

23 Living--Conservation zone

The objectives for the Living--Conservation zone are as follows:

  1. To retain and enhance the character of residential areas that are formed by larger allotments and single dwelling houses within a prominent traditional garden setting.
  2. To enhance the landscape character and setting along roads of heritage significance where the road forms a visually significant entrance to a village or a linkage/pathway between major visitor destinations.
  3. To ensure development, including development within adjoining road reserves, retains the prominence of landscape elements and traditional garden settings.
  4. To ensure that established gardens are retained or landscape settings are re-established as part of any development of land, including development involving major alterations and additions.
  5. To allow for a limited range of non-residential land uses where these are conducted in association with a predominantly residential land use and are consistent with the retention of a residential character based on a landscape or open space setting.

24 Living--Bushland Conservation zone

The objectives for the Living--Bushland Conservation zone are as follows:

  1. To allow for residential development in the form of single detached dwellings where this development is within the capacity of the environment to sustain such development and is undertaken in a manner that minimises impact on environmentally sensitive areas.
  2. To preserve and re-establish native bushland in areas that exhibit a predominantly bushland character, where consistent with the protection of assets from bush fire.
  3. To permit only low density residential land uses and to retain large allotment sizes in fringe urban locations or locations that do not have reasonable access to services and facilities.
  4. To allow a limited range of non-residential land uses only where these are conducted in association with a predominantly residential land use.
  5. To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for and harmonise with the bushland character of the locality.
  6. To encourage the retention and re-establishment of native bushland along significant fauna corridors and in areas of high visual significance, including escarpment areas and along the Regional Transport Corridor.

25 Employment--General zone

The objectives for the Employment--General zone are as follows:

  1. To encourage the establishment of a broad range of industrial and associated land uses which will generate greater local employment opportunities.
  2. To allow a wide range of employment generating land uses and facilities including industry, advanced technology, wholesale sales, storage, distribution, servicing, research and ancillary administrative uses, where these incorporate measures to conserve the sensitive environment of the Blue Mountains.
  3. To ensure that industrial development incorporates measures to mitigate the impact of its operation on the environment from noise generation or pollution.
  4. To allow retail development where it is associated with a primarily industrial land use or for appropriate bulky goods retailing.
  5. To ensure that the form and siting of buildings, colours and landscaping elements contribute to development of a landscape setting for industrial land uses and retain any existing bushland character.
  6. To allow industrial and other compatible development which incorporates controls on potential impacts on the amenity of residents in adjoining residential areas.

26 Employment--Enterprise zone

The objectives for the Employment--Enterprise zone are as follows:

  1. To promote the development of mixed use residential and business areas with a high quality built environment and amenity.
  2. To provide greater opportunities for the location and growth of small businesses, particularly those related to information technology and cultural industries such as arts and design-based businesses and associated production.
  3. To permit minor retail uses where they are ancillary to the primary land use and do not detract from the growth of the town and village centres as primary retailing centres.
  4. To ensure that the design of new development is adaptable for both residential and business land uses.
  5. To ensure that development incorporates landscape elements that provide an appropriate landscape setting for business and residential land uses.
  6. To allow for the provision of recreational facilities.

27 Regional Transport Corridor zone

The objectives for the Regional Transport Corridor zone are as follows:

  1. To clearly identify land for the provision of major transportation networks and facilities.
  2. To recognise corridors of existing railway and classified road lands and to identify future road and railway alignments.
  3. To ensure that development within the zone is integrated with the surrounding natural, physical or built environment.
  4. To ensure that all works contribute to the safe and effective operation of classified roads for pedestrians, cyclists, public transport users and motorists.
  5. To identify land that is required for widening of the corridor and to enable its acquisition by the relevant authority.

28 Recreation--Private zone

The objectives for the Recreation--Private zone are as follows:

  1. To encourage the development of land in a manner which satisfies the private recreational needs of the community.
  2. To allow development of land uses and activities that support and are compatible with private recreational land use.
  3. To ensure that recreational development is environmentally sensitive and site responsive and compatible with use of the land for sport, entertainment, education, tourism and accommodation of older people and people with a disability.

29 Recreation--Open Space zone

The objectives for the Recreation--Open Space zone are as follows:

  1. To enhance the quality of life of residents and visitors and improve the amenity of the villages in the Blue Mountains through the provision and management of open space.
  2. To identify and provide public land to be used for open space and public recreational purposes.
  3. To provide for a range of recreational settings to cater for the needs of local residents and visitors.
  4. To promote improved recreational facilities on publicly owned land.
  5. To improve the environmental quality of the area and ensure that recreational development is environmentally sensitive and site responsive.
  6. To identify privately owned land that should be acquired for recreational purposes.
  7. To ensure that the development of land is consistent with any plan of management applying to the land.

30 Environmental Protection--Private zone

The objectives for the Environmental Protection--Private zone are as follows:

  1. To protect land that is environmentally sensitive or has high scenic value from development, where that land is privately owned or is not intended to be used as public open space.
  2. To encourage land restoration works on disturbed bushland areas.
  3. To allow bush fire hazard reduction that is in a form consistent with the protection of natural ecological values.
  4. To restrict development on part of land that is inappropriate by reason of physical characteristics or high bush fire hazard, but only where less restricted development is allowed by this plan elsewhere on the land due to its different zoning.
  5. To contribute to the maintenance of bio-diversity in the Blue Mountains.
  6. To allow for low impact nature-based recreational activities that are consistent with the protection of the land's natural ecological significance.

31 Environmental Protection--Open Space zone

The objectives for the Environmental Protection--Open Space zone are as follows:

  1. To ensure conservation and facilitate management of environmentally sensitive land and areas of high scenic value in the City.
  2. To provide a buffer around areas of natural ecological significance.
  3. To restrict development on land that is inappropriate by reason of the physical characteristics or the high bush fire hazard of the land.
  4. To allow bush fire hazard reduction that is in a form consistent with the protection of natural ecological values.
  5. To provide for nature-based recreational opportunities that are compatible with the land's natural, cultural and aesthetic values and to foster an appreciation of those values.
  6. To encourage land restoration works on disturbed bushland areas.
  7. To ensure that the development of land is consistent with any plan of management applying to the land.
  8. To identify privately owned land that should be acquired for environmental protection and open space purposes.

Division 3 - Permissibility of land use

32 Land use matrix

  1. Except as otherwise provided by this Division or Division 4 of Part 3 (Heritage conservation), development that:
    1. is allowed without development consent, or
    2. is allowed only with development consent, or
    3. is prohibited,

is specified in the land use matrix in subclause (6).

  1. The following symbols are used in the land use matrix in subclause (6):
* development that is allowed within the relevant zone without development consent.
C development that is allowed within the relevant zone only with development consent.
1 development that is allowed within a precinct within the Recreation--Private zone only with development consent.
2 development that is allowed within the Katoomba Precinct VTC-KA02, Springwood Precinct VTC-SP01 and Winmalee Precinct VTC-WL01 in the Village--Town Centre zone only with development consent.
3 development that is allowed within the Katoomba Precinct VTC-KA01, Katoomba Precinct VTC-KA02 and Springwood Precinct VTC-SP01 in the Village--Town Centre zone only with development consent.
4 development that is allowed only with development consent, except where it is allowed without development consent by clause 36 (Bush fire hazard reduction).
5 development that is allowed within the relevant zone only with development consent, except where development is allowed without development consent by clause 126 (Special use).
6 development that is allowed within the relevant zone only with development consent, except on bush fire prone land where it is prohibited.
  development that is prohibited.
  1. The subdivision of land or demolition of a structure is allowed within any zone with development consent.
  2. The clearing of vegetation is allowed within any zone only with development consent, except where otherwise allowed by clause 54 (Preservation of trees) or clause 54A (Bushland protection).
  3. Subject to subclauses (3) and (4) and clause 33 (Exempt and complying development), all development not identified in the land use matrix is prohibited.
  4. The following land use matrix applies for the purposes of this plan:
Zone: Village Living Employment RTC Recreation Environment
Protection
Development for the purpose of: TC NC T H G C BC G EN PR OS PR OS
accessible housing C C C C         1    
advertising structures C C C C C C C C C C C  
amusement centres C                        
animal establishments             C   C    
arts and crafts galleries C C C       C C C    
bed and breakfast establishments C C C C C C C            
boarding houses C C C C C                
bulky goods showrooms C           C          
bush regeneration * * * * * * * * * * * * * *
bush fire hazard reduction 4 4 4 4 4 4 4 4 4 4 4 4 4 4
camping sites                   C C  
car repair stations             C          
caravan parks                   C C  
caretakers' dwellings             C C C C  
child care centres C C C C C C C C C C  
clubs C           C C C C  
cluster housing           C            
commercial premises C C         C          
community buildings C C C C C   C C C C  
community centres C C C           C    
Zone: Village Living Employment RTC Recreation Environment
Protection
Development for the purpose of: TC NC T H G C BC G EN PR OS PR OS
dams           C     C C  
development ancillary to a dwelling house C C C C C C C C C   C
display gardens C C C C C C C C C C  
district supermarkets 2                        
domestic swimming pools C C C C C C C C C C C    
drive-in take-away food outlets 3                        
dual occupancies C C C C     C        
dwelling houses C C C C C C C C C      
educational establishments C C C C C   C C C    
exhibition homes C C C C C C C        
general stores C C C C C C C C        
granny flats C C C C C C C        
hazardous industries or hazardous storage establishments                          
health care practices C C C C C C C C        
holiday lets C C C C C C C            
home businesses * * * * * * * * * * *    
home employment C C C C       C        
home occupations * * * * * * * * * * * * * *
hospitals C   C C   C          
hotels C                        
Zone: Village Living Employment RTC Recreation Environment
Protection
Development for the purpose of: TC NC T H G C BC G EN PR OS PR OS
industries             C          
institutions                          
integrated housing C C C C C C C C        
land management works * * * * * * * * * * * * * *
light industries             C C        
liquid fuel depots             6          
medical centres C C C     C C        
motor showrooms             C          
multi-dwelling housing C C C                  
nature-based recreation                   C C C C
offensive industries or offensive storage establishments                          
panel beating workshops             C          
parking C C C C C C C C C C C C C
parking facilities C C         C C C      
permaculture   * * * * *     * C  
places of assembly C C C     C C C    
places of worship C C C C C   C C C C  
public buildings C C C C C   C C C C  
public transport terminals C C             C      
public utility undertakings * * * * * * * * * * * * * *
Zone: Village Living Employment RTC Recreation Environment
Protection
Development for the purpose of: TC NC T H G C BC G EN PR OS PR OS
recreation areas C C C       C C C C  
recreation facilities C C         C C C C  
refreshment rooms C C C C           C C  
remediation of contaminated land C C C C C C C C C C C C C C
retail plant nurseries C C         C C        
roads C C C C C C C C C C C C C C
road transport terminals             C          
self-storage units             C          
service stations             6 6      
sex establishments             C          
shop-top housing C                        
shops C C                      
special uses 5 5 5 5 5 5 5 5 5 5 5 5 5
take-away food outlets C C                      
telecommunications facilities C C C C C C C C C C C C C C
tourist accommodation C C C                    
transport depots             C          
utility installations * * * * * * * * * * * * * *
veterinary establishments C C         C C        
visitor facilities C C C C C C C   C C C C
Zone: Village Living Employment RTC Recreation Environment
Protection
Development for the purpose of: TC NC T H G C BC G EN PR OS PR OS
warehouses             C          
waste processing facilities             C          

Abbreviations relating to zone names:

BC Bushland Conservation
C Conservation
EN Enterprise
G General
H Housing
NC Neighbourhood Centre
OS Open Space
PR Private
RTC Regional Transport Corridor
T Tourist
TC Town Centre

33 Exempt and complying development

  1. Notwithstanding clause 32 (Land use matrix), development of minimal environmental impact listed in Schedule 1 to Blue Mountains 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. Notwithstanding clause 32 (Land use matrix) and subject to this clause, development listed in Schedule 2 to Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999, is complying development if:
    1. it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
    2. 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 Blue Mountains 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 Blue Mountains Development Control Plan No 33, as in force when the certificate is issued.

34 Development near zone boundaries

  1. Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within the maximum distance from the boundary between that zone and another zone, if it is allowed in the other zone either with or without development consent.
  2. Consent shall not be granted to development pursuant to this clause unless the consent authority is satisfied that carrying out the proposed development will:
    1. have the effect of extending development that is being or will be lawfully carried out in the zone in which it is allowed in the absence of this clause, and
    2. comply with the objectives of the zone in which it will be carried out.
  3. In this clause, "the maximum distance" means 20 metres or, if the otherwise prohibited development will be carried out within the Environmental Protection--Private or Environmental Protection--Open Space zone, 10 metres.

35 Temporary use of land

  1. Notwithstanding clause 32 (Land use matrix) but subject to subclauses (2)-(4), consent may be granted to the temporary use of any land or building for any purpose (including but not limited to an exhibition, concert, fair, sporting event, fete or market) provided the consent authority is satisfied that:
    1. the use will cease within a specified time, and
    2. suitable arrangements have been or will be made for the removal of any waste, or any temporary structures erected or works carried out in connection with the temporary use, and for the restoration of the land after the cessation of the temporary use, and
    3. the temporary use is reasonable having regard to the nature of the temporary use and the economic use of the land pending its development otherwise in accordance with this plan, and
    4. the temporary use will not unreasonably adversely affect residential amenity, and
    5. the temporary use would not be likely to unreasonably affect the economic viability of any village centre in the locality, and
    6. the objectives of the zone in which the land is located will not be compromised over the long term by the temporary use.
  2. Consent may be granted to the temporary use of any land or building for not more than 28 days, whether consecutive or non-consecutive, in any one year.
  3. Consent may be granted for a temporary use under this clause over a period of not more than 3 consecutive years, allowing the temporary use for not more than 28 days in each of those years.
  4. This clause does not apply where:
    1. the temporary use would be designated development, or
    2. the land proposed to be used for the temporary use is located in the Environmental Protection--Private zone or Environmental Protection--Open Space zone.
  5. Any requirement within this plan for the preparation of assessments, studies or plans may be waived where the consent authority is satisfied that the preparation of these assessments, studies or plans is unreasonable or unjustified having regard to the nature of the temporary use.

36 Bush fire hazard reduction

Development consent is not required for the doing of:

  1. emergency bush fire hazard reduction work, or
  2. managed bush fire hazard reduction work, or
  3. work that complies with a bush fire hazard reduction certificate issued in accordance with the Rural Fires Act 1997, or
  4. bush fire hazard reduction work that complies with any requirement for the establishment or maintenance of an asset protection zone approved by the consent authority.

37 Bush fire safety authority

Notwithstanding clause 32 (Land use matrix), consent shall not be granted for:

  1. the subdivision of bush fire prone land for residential purposes, or
  2. the development of bush fire prone land for a special fire protection purpose,

unless a bush fire safety authority required by the Rural Fires Act 1997 has been issued by the Commissioner of the NSW Rural Fire Service.

38 Development of land for certain additional purposes

  1. Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), a person may with consent carry out development on land identified in Schedule 8 that is specified in that Schedule for the land, subject to such conditions as are so specified.
  2. Consent shall not be granted to development for those items numbered ALU01, ALU02 or ALU03 in Schedule 8, after the expiration of 1 year from the appointed day.
  3. Nothing in subclause (2) shall prevent consent from being granted 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 in accordance with this clause.

39 Consolidation (CONS) requirement

  1. Notwithstanding clause 32 (Land use matrix), where a consolidation requirement is shown by the notation (CONS) for land shown edged by a heavy line on Map Panel A, development (other than an existing use or for the purpose of bush fire hazard reduction) is prohibited unless all adjoining lots with this notation, which are shown edged with a heavy line, have been consolidated into one lot.
  2. Consent may be granted to a subdivision of land to which subclause (1) applies only if the proposed subdivision is:
    1. a boundary adjustment where no additional lots are created, or
    2. for the purpose of providing land for a public purpose.

40 No subdivision (NS)

  1. Notwithstanding clause 32 (Land use matrix), where a no subdivision requirement is shown by the notation (NS) for land shown edged by a heavy line on Map Panel A, the subdivision of that land to create additional lots is prohibited.
  2. Consent may be granted to a subdivision of land to which subclause (1) applies only if the proposed subdivision is:
    1. a boundary adjustment where no additional lots are created, or
    2. for the purpose of providing land for a public purpose, or
    3. a strata subdivision.