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LEP 2005
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Part 3 - Assessing the site and environmental context

Division 1 - Site analysis
- 41 General
- 43 Contents of site analysis plan
Division 2 - Protecting the natural environment
Division 3 - Character and landscape assessment
Division 4 - Heritage conservation
Division 5 - Bush fire protection
Division 6 - Hazard and risk assessment

Division 1 - Site analysis

41 General

The objectives of the site analysis provisions within this Part are:

to require the impact of development on the natural and built environment to be taken into account as part of the site planning process, and
to establish a sound basis for design or management responses to be incorporated into development proposals to minimise that impact.

42 Site analysis plan

The consent authority may decline to grant consent to development, excluding development comprised of minor additions, unless it has considered a site analysis plan, which should be included as part of the statement of environmental effects.
The site analysis plan must:
1. include such information specified in clause 43 (Contents of site analysis plan) as is relevant, in the opinion of the consent authority, to enable the full consideration of the environmental impacts of the proposed development, and
2. be accompanied by a written statement explaining how the design and location of the proposed development has had regard to the objectives in clause 41 and to the site analysis.
The components of a site analysis plan may be supplemented by further assessments and plans, as specified elsewhere in this Part.

Assessments and plans required by clauses within this Part should include all details necessary to show that the development complies with the relevant objectives and provisions within this Part. Where a number of clauses apply and require a site analysis plan, detailed environmental assessments and other environmental studies, these requirements may be met by a single consolidated environmental study. This is to remove the need for repetition where multiple environmental constraints would otherwise result in a number of environmental studies being required.

43 Contents of site analysis plan

A site analysis plan is to include or be accompanied by supporting information, where appropriate, about the site and its surrounds in accordance with the following Table:

With respect to site characteristics:
1. the location, boundary dimensions and area of the subject site and the north point, and
2. contours of the subject site at an appropriate interval and the contours of adjoining allotments to the extent necessary to depict slope conditions that may affect the subject site, and
3. the movement of sun across the site, and(d) the prevailing wind direction and likely wind speeds across the site.
With respect to flora and fauna:
1. the location and identity of any significant vegetation community on the site, including scientific and common names, and
2. the location and identity of any threatened species, populations or ecological communities on the site, including scientific and common names, and
3. the location and identity of any rare species of flora on the site, including scientific and common names, and
4. whether the site contains or forms part of a fauna corridor, and
5. the location and identity of all vegetation to be removed, including scientific and common names, and
6. the total area of vegetation to be removed in square metres, and
7. details of the qualifications and experience of the person who supplied the particulars required by this paragraph.
With respect to other environmental characteristics:
1. the location of, and measures proposed to protect, vegetation to be retained, and
2. the location and extent of all existing and proposed water permeable areas, including lawns, and shrub/garden beds, and
3. the total area of the lot covered or proposed to be covered by water permeable surfaces in square metres and the percentage of the lot covered by water permeable surfaces, and
4. the location of all existing and proposed hard or impervious surfaces on the site, including areas covered by buildings, sealed driveways or paving, and
5. the total area of the lot covered or proposed to be covered by hard surfaces in square metres and the percentage of the lot that will be covered by hard surfaces when the proposed development has been carried out, and
6. the location of all slopes greater than 20 per cent and the direction of fall or drainage from those areas, and
7. the soil type, structure and characteristics of any part of the site that has slopes greater than 20 per cent on which development or clearing is proposed to be located, and
8. the location of any watercourse corridor on the site, or within 100 metres of the site with the potential to receive surface water run-off or sub-surface water from the site, and
9. the location of any significant natural features such as rock outcrops, rock ledges and cliffs.
With respect to character:
1. the character of surrounding areas (best displayed with photographs of buildings on adjoining sites and adjacent streetscape), and
2. setbacks, height, use and location of buildings on adjoining land, and other uses, including any potential noise sources, private open space areas or windows which may overlook the site, and
3. any views to and from the land.
With respect to heritage:
1. the location of any heritage item on the site, including its curtilage, and
2. a statement that the site falls within a heritage conservation area where applicable, and
3. the location of any archaeological sites on the land, and
4. the location of any Aboriginal object or Aboriginal place.
With respect to bush fire:
1. a statement that the site is bush fire prone land, where applicable, and
2. for bush fire prone land, the location, extent and vegetation group of any bushland on or within 140 metres of the site, and
3. for bush fire prone land, the slope and aspect of the site and of any bush fire prone land within 100 metres of the site, which may determine the likely path of any bush fires, and
4. any features on or adjoining the site that may mitigate the impact of a high intensity bush fire on the proposed development, and
5. for development of bush fire prone land, a statement assessing the environmental impact of any proposed bush fire protection measures.
With respect to other hazards, the identification of any present or past usages of the site that may represent a risk to community health or the environment with respect to site contamination or potential site contamination.
With respect to services:
1. the position of any drainage services and easements, as they relate to the pattern of water movement across the site, and
2. the location of above ground or below ground services, including those for the provision of power supply, water supply, water storage and disposal of wastewater.
With respect to carrying out the proposed development:
1. the location of any existing buildings or structures on the site and their use, and
2. the location of existing or proposed access to the site, including any pathways, tracks or driveways and the number and location of on-site car parking areas, and
3. for bush fire prone land, the existing and proposed road network, including the width of roads, and whether they are connector roads or cul-de-sacs, and
4. the location of any proposed "cut" or "fill" and details including retaining structures, proposed fill material, level of finished fill, extent of finished fill in relation to adjoining properties and the effect on adjoining properties, particularly in relation to water flow, and
5. any other buildings or structures proposed for the site.

Division 2 - Protecting the natural environment

44 Environmental impact

Impact on the National Park Consent shall not be granted to development proposed on any land adjacent to the Blue Mountains National Park, unless the consent authority:
1. has considered the impact of the proposed development on the aesthetic, historical, natural, scenic and scientific attributes of the land within the National Park, and
2. has considered any comments from the Department of Environment and Conservation in relation to the effect of the proposed development, and
3. is satisfied that the development incorporates effective measures to avoid, remedy or mitigate any adverse environmental impact on land within the National Park.
Subdivision Consent shall not be granted to the subdivision of land to create additional lots unless the development will incorporate effective measures, satisfactory to the consent authority, to ensure that the development, and any asset protection zones required to protect the land to be subdivided, will have no adverse environmental impact on any development excluded land.
Development on lots created within the Living--Bushland Conservation zone Where a lot is created by the subdivision of land within the Living--Bushland Conservation zone in accordance with this plan, consent shall not be granted to any development (excluding a work for the purpose of providing public utility services) proposed to take place wholly or partly on development excluded land, unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development, including any required asset protection zones, will have no adverse impact on the development excluded land concerned.
Other development All buildings and works, and any asset protection zone, not subject to subclauses (2) or (3) should be designed and sited so as to have no adverse environmental impact on any of the following:
1. any significant vegetation community,
2. the habitat of any threatened species, populations or ecological communities,
3. any rare species of flora,
4. any fauna corridor,
5. the hydrological aspect of the locality,
6. any watercourse or wetland,
7. any significant natural features, including rock outcrops, rock ledges and cliffs.
Where an adverse environmental impact cannot be avoided for development to which subclause (4) applies, consent shall not be granted unless the consent authority is satisfied that the development:
1. has been designed and sited so as to have the minimum possible adverse impact on the environmental attributes identified in subclause (4) (a)-(g), and
2. incorporates effective measures to remedy or mitigate any adverse environmental impact, and
3. offsets those environmental impacts through the restoration of any existing disturbed areas on the site.
In determining whether an adverse environmental impact cannot be avoided in accordance with subclause (5), the consent authority shall:
1. have regard to the purposes for which the land is intended to be used with reference to the zone objectives applying to the land, and
2. be satisfied that no practicable alternative is available in terms of the design, type and site coverage of the proposed development (including any measures required to protect life and property from the threat of bush fire) and the suitability of the physical characteristics of the land for the proposed development.
Impact of bush fire protection measures The provision of asset protection zones as referred to in subclauses (2), (3) and (4) shall balance the conservation of the natural environment with the protection of life and property from bush fire by being designed, sited or maintained so as to:
1. not exceed the level of clearing and reduction of vegetation prescribed in the bush fire code, unless otherwise prescribed by the provisions of this plan, and
2. minimise environmental disturbance by using the method of bush fire hazard reduction that is suited to the characteristics of the site, in accordance with the Council's Better Living DCP, and
3. not be located on any land that has contiguous areas of slope greater than 33 per cent, unless no other viable alternative is available, and
4. retain, where practicable, any existing mature smooth-barked trees which contain faunal habitat hollows, and
5. incorporate the planting of species that have bush fire resistant properties and are compatible with locally indigenous vegetation.

45 Protected Area--Slope Constraint Area

Consent shall not be granted to development on any land within a Protected Area--Slope Constraint Area that has contiguous areas of slope greater than 20 per cent ("protected land") unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.
The objectives for a Protected Area--Slope Constraint Area are:
1. to restrict development of land that has contiguous areas of slope greater than 20 per cent or physical characteristics that render the land inappropriate for development, and
2. to ensure that development on land that has contiguous areas of slope greater than 20 per cent is designed and sited to minimise vegetation clearing and soil disturbance, and
3. to encourage the retention, restoration and maintenance of disturbed native vegetation on steep land.
Development, including the erection of buildings, carrying out of alterations to buildings, clearing of native vegetation, and the carrying out of works that disturb the soil or alter the natural drainage pattern, on land to which this clause applies, is to:
1. retain and maintain all existing native vegetation outside the area immediately required for the development, and
2. incorporate measures to regenerate native vegetation on all land with slopes greater than 20 per cent that has already been cleared and does not form part of the site of existing development or the proposed development, and
3. not adversely impact on the rate, volume or quality of water leaving the site, and
4. be undertaken only where an assessment, which may include the preparation of a geotechnical report, demonstrates that the soil characteristics and structural elements of the protected land are suitable for the proposed development, and
5. be sited outside protected land unless no other practicable alternative is available.
When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider:
1. the design, type and site coverage of the proposed development, and
2. the physical characteristics of the area on which the development is proposed to be carried out, and
3. the suitability of the land for the proposed development.

46 Protected Area--Vegetation Constraint Area

Consent shall not be granted to development on any land within a Protected Area--Vegetation Constraint Area ("protected land") unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.
The objectives for a Protected Area--Vegetation Constraint Area are:
1. to identify and require assessment of vegetation that is likely to be a significant vegetation community, and
2. to protect significant vegetation communities and vegetation that is faunal habitat or part of a wildlife corridor, and
3. to ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community, and
4. to encourage the restoration and maintenance of native vegetation, including vegetation that does not form part of a significant vegetation community.
Development on any land within a Protected Area--Vegetation Constraint Area is to:
1. incorporate effective measures to comply with clause 44 (Environmental impact) as it relates to the protection of a significant vegetation community, and
2. provide an adequate ecological buffer to protect any significant vegetation community, and
3. retain and maintain all existing native vegetation outside the area immediately required for the development, and
4. incorporate measures to regenerate any disturbed native vegetation within the protected land, and
5. in the case of protected land on which any significant vegetation community is located, be sited outside protected land unless no other practicable alternative is available.
When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider:
1. the design, type and site cover of the proposed development, and
2. the physical characteristics of the land on which the development is proposed to be carried out, and
3. the suitability of the land for the proposed development.

47 Protected Area--Ecological Buffer Area

Consent shall not be granted to development on any land within a Protected Area--Ecological Buffer Area ("protected land") unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.
The objectives for a Protected Area--Ecological Buffer Area are:
1. to protect water quality and aquatic ecosystems in the Blue Mountains, and
2. to protect watercourse corridors and significant vegetation communities, and
3. to restrict development so that it does not occur, as far as practicable, within ecological buffers to watercourse corridors or significant vegetation communities, and
4. to ensure development is designed, sited and managed to minimise impact on the ecological and hydrological functions of the buffer, and
5. to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to watercourse corridors or significant vegetation communities.
Development on any land within a Protected Area--Ecological Buffer Area is to:
1. incorporate effective measures to manage any riparian vegetation within a watercourse corridor and any significant vegetation community, and
2. be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and
3. retain and maintain all existing native vegetation outside the area immediately required for the development, and
4. incorporate measures to regenerate native vegetation for all disturbed areas within the protected land, and
5. incorporate appropriate stormwater and erosion control measures to protect the protected land from surface water run-off or other disturbance, and
6. be sited outside protected land unless no other practicable alternative is available.
When considering whether development could be sited outside protected land in accordance with subclause (3) (f), the consent authority shall consider:
1. the design, type and site cover of the proposed development, and
2. the physical characteristics of the land on which the development is proposed to be carried out, and
3. the suitability of the land for the proposed development.

48 Protected Area--Water Supply Catchment

Consent shall not be granted to development which the Council has been required by an environmental planning instrument to refer to the Sydney Catchment Authority on any land within a Protected Area--Water Supply Catchment ("protected land") unless the consent authority is satisfied that the development complies with the objectives and other provisions within this clause.
The objectives for a Protected Area--Water Supply Catchment are:
1. to protect and, where possible, improve water quality within that part of the Blue Mountains and the Hawkesbury-Nepean River catchment that is within Sydney's drinking water catchments, and
2. to restrict development that will adversely impact on the natural systems that are essential for maintaining and improving water quality, and
3. to restrict development in areas that cannot be connected to reticulated sewerage, and
4. to ensure development is designed and sited to minimise the impact of vegetation clearing and soil disturbance, which could detrimentally alter the quality or quantity of the natural surface or sub-surface water movement, and
5. to encourage the restoration and maintenance of areas of disturbed native vegetation.
Development on any land within a Protected Area--Water Supply Catchment is to:
1. have a neutral or beneficial effect on the water quality of rivers, streams and groundwater in the hydrological catchments, including during periods of wet weather, and
2. incorporate water quality management practices that are sustainable over the long term.
The consent authority shall not consent to any development on protected land that requires the disposal of wastewater unless:
1. it is to be connected to a reticulated sewerage system, and confirmation of availability of the system is received by the Council from Sydney Water Corporation prior to the granting of consent, or
2. where a reticulated sewerage system is not available, and in the case only of a dwelling house to be erected on a lot that existed on the appointed day, the dwelling house is to be served by a wastewater pump out system.

49 Protected Area--Escarpment Area

Consent shall not be granted to development on any land within a Protected Area--Escarpment Area ("protected land") that involves the clearing of native vegetation unless the consent authority is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the development complies with the objectives and other provisions within this clause.
The objectives for a Protected Area--Escarpment Area are:
1. to preserve and enhance the visual, cultural and ecological values of the escarpment systems within the City of Blue Mountains, and
2. to restrict development, including buildings, alterations and vegetation clearing, so as to minimise adverse impact on the perception of escarpments as significant natural features, and
3. to limit the proportion of hard surfaces in close proximity to escarpment systems, and
4. to ensure that the design and siting of development minimises environmental impact, and
5. to encourage the retention, restoration and maintenance of areas of disturbed native vegetation.
Development, including the clearing of native vegetation, on any land within a Protected Area--Escarpment Area is to:
1. not adversely impact on the ecological or scenic values of the escarpment system, and
2. retain and maintain all existing native vegetation outside the area immediately required for the development, and
3. incorporate measures to regenerate native vegetation within the escarpment system in those areas which are already cleared and do not form part of the site of any existing development or the proposed development, and
4. be designed and sited to respond sympathetically to the landform in which it is proposed to be situated, and
5. not protrude above the existing vegetation canopy of the immediate locality, and
6. not protrude above the height of adjacent buildings, and
7. not visually disrupt the skyline by protruding above the ridgeline within or behind the site or above adjacent buildings, and
8. incorporate unobtrusive and non-reflective materials and exterior surfaces with colours that help blend structures into the natural environment, and
9. incorporate measures to minimise reflection of sunlight from glazed surfaces.

50 Protected Area--Riverine Scenic Quality Corridor

Consent shall not be granted to development on any land within a Protected Area--Riverine Scenic Quality Corridor ("protected land") that involves the clearing of native vegetation unless the consent authority is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the development complies with the objectives and other provisions within this clause.
The objectives for a Protected Area--Riverine Scenic Quality Corridor are:
1. to preserve and enhance the visual, cultural and ecological values of the protected land, and
2. to restrict development, including buildings, alterations and vegetation clearing, so as to minimise the impact on the perception of the protected land as an area of scenic significance beyond the region or of regional riverine scenic significance, and
3. to ensure that the design and siting of development is consistent with the landscape character as described in the Scenic Quality Study, and
4. to encourage the restoration and maintenance of areas of disturbed native vegetation.
Development, including the clearing of native vegetation, on any land within a Protected Area--Riverine Scenic Quality Corridor is to:
1. retain and maintain all existing native vegetation outside the area immediately required for the development, and
2. incorporate measures to regenerate native vegetation within those areas which are already cleared and do not form part of the site of any existing development or the proposed development, and
3. have appropriate siting, building form, orientation and scale that does not compromise the visual integrity of the escarpment to the west of the Nepean River, in terms of its regional prominence and the undisturbed nature of its appearance by:
  1. protruding above the existing vegetation canopy of the immediate locality or the height of adjacent buildings, or
  2. visually disrupting the skyline by protruding above the ridgeline within or behind the site or above adjacent buildings, and
4. incorporate unobtrusive and non-reflective materials and exterior surfaces with colours that help blend structures into the natural environment, and
5. incorporate measures to minimise reflection of sunlight from glazed surfaces.
Development within a Protected Area--Riverine Scenic Quality Corridor which is shown on Map Panel B as having "Significance Beyond the Region" is to ensure that the landscape character of the development is consistent with "Landscape Unit No 2.1.2 Fairlight Gorge-Norton's Basin to Mt Portal" of the Scenic Quality Study.
Development within a Protected Area--Riverine Scenic Quality Corridor which is shown on Map Panel B as having "Regional Significance" is to ensure that the landscape character of the development is consistent with "Landscape Unit No 3.2.3 Penrith Weir to Yarramundi Weir" of the Scenic Quality Study.

51 Watercourses

Land that is within a watercourse corridor, as defined by this plan, is taken to be within a Protected Area--Ecological Buffer Area.
Consent shall not be granted to development of land that is within a watercourse corridor unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the Protected Area--Ecological Buffer Area objectives and the other provisions within clause 47.
Where land is within a watercourse corridor and is not shown as within a Protected Area--Ecological Buffer Area on Map Panel B, a detailed environmental assessment prepared in accordance with subclause (2) is to recommend a buffer width, including details of:
1. the basis for the buffer width and the influence of the slope of land on the width of the buffer, and
2. the ability of the buffer to adequately protect the watercourse, and
3. the qualifications and experience of the person who recommended the buffer width.

52 Significant vegetation communities and rare species of flora

Where development may have an impact on a significant vegetation community or rare species of flora, either by the alteration of growth conditions or removal of that vegetation, consent shall not be granted to the development unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with relevant requirements of clause 44 (Environmental impact).
The detailed environmental assessment shall include a full description of the proposed development, including the nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the following information:
1. a full assessment of the likely effect of the development on the condition, extent and long term viability of the significant vegetation community or rare species of flora, and
2. an assessment showing the impact of the development on any habitat or wildlife corridor, and
3. a description of the way the development will respond to the significant vegetation community or rare species of flora, and
4. a description of any feasible alternatives to the development that are likely to be of lesser effect and the reasons justifying the carrying out of the development in the manner proposed, having regard to biophysical, economic and social considerations and the principles of ecologically sustainable development, and
5. a full description and justification of the measures proposed to mitigate any adverse effect of the development on the species and populations or ecological communities, including a compilation (in a single section of the statement) of those measures.

53 Retention and management of vegetation

Before granting consent to development that would involve the removal of vegetation, the consent authority must have regard to the following priorities:
1. retaining vegetation, in relation to location, species type or physical characteristics, that does not pose a threat to life or property in the event of bush fire,
2. limiting impacts on threatened, endangered, vulnerable or a locally significant plant species,
3. retaining vegetation within watercourses,
4. retaining vegetation that stabilises soils or that absorbs run-off from accumulation points on site,
5. retaining vegetation that contributes to wildlife corridors or is habitat for native fauna,
6. retaining vegetation that contributes to the streetscape character of the locality.
Consent shall not be granted to development of any land unless the consent authority has considered the need to re-vegetate disturbed areas on the land.
Before granting consent to development, the consent authority must take into account that vegetation retained on the site of development is to be protected from activities that may reduce the safe useful life expectancy (SULE) of that vegetation, including:
1. severing of the critical root zone or the woody/structural root system, as may be caused by construction of a retaining wall, laying of foundations or similar, and
2. provision of hard or impervious surfaces, including driveways, that limit areas of infiltration, and
3. compaction of soil over critical root zones by construction or use of heavy machinery, and
4. an increase in water logging arising from stormwater management or other alteration to the existing drainage regime, and
5. nutrient overloading arising from disturbance to the drainage regime, and
6. changes to the natural soil level.
When granting consent to development, the consent authority is to ensure that all vegetation to be retained on the site will be protected during the construction process by provision of temporary fencing or other barriers that are located to prevent direct or indirect damage to the vegetation including:
1. damage to the tree trunks, or
2. destruction of understorey vegetation by machinery, or
3. compaction of soil over critical root zones for vegetation, or
4. alterations to the amount or quality of water directed onto the vegetation, or
5. stockpiling of materials over critical root zones.

54 Preservation of trees

Notwithstanding clause 32 (Land use matrix), development consent is not required if a person cuts down, tops, lops, prunes, removes, injures or wilfully destroys any tree in accordance with:
1. a written permission ("permit") granted by Council, which may be given subject to such conditions as the Council considers necessary, or
2. an exception specified in subclause (2), or
3. the requirements for pruning in subclauses (4) and (5), or
4. the requirements for transplanting in subclause (6).
Exceptions Subject to subclause (3), development consent or a permit referred to in subclause (1) (a) is not required in relation to:
1. any tree, if documented evidence can be produced that is satisfactory to the Council to prove that:
  1. the tree was dead and was not a "likely habitat tree" specified in an order made under subclause (7), or
  2. the tree posed an imminent danger to property or life, or
  3. taking the action concerned with respect to the tree 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, or
2. the removal of a tree where that removal is essential for emergency access or emergency works authorised by the Council, the State Emergency Service or any public authority, or
3. the removal of trees in association with the construction or use of a building or work for which development consent has been granted, including the ongoing maintenance of fuel load limits within identified and approved asset protection zones, but only in accordance with the terms and conditions of that consent, or
4. any tree with a height less than 4 metres and with a foliage crown spread of less than 4 metres, but only if the tree is not native vegetation within bushland, or
5. trees of any of the following species, but only if documented evidence can be produced that is satisfactory to the Council to prove that the individual specimens concerned are less than 10.0 metres in height:
  1. Salix spp. (all Willow species), or
  2. Populus spp. (all Poplar species), or
6. a Pinus Radiata, but only if the tree is less than 10.0 metres in height and is not located on land:
  1. within the Living--Conservation zone, or
  2. to which Part 1 (Mount Victoria), Part 6 (Wentworth Falls), Part 7 (Lawson), Part 8 (Hazelbrook) or Part 9 (Springwood) of Schedule 1 (Locality management within the Villages) applies, or
7. a plant referred to in clause 55 (Weed management), except for a plant that is a known sterile cultivated variety of these plants or a plant referred to in paragraph (e) or (f), or
8. the removal or trimming of any trees in accordance with Part 2 of the Electricity Supply (General) Regulation 2001, or
9. the removal or trimming of any trees in accordance with sections 88, 107, 138 and 139 of the Roads Act 1993, or
10. the removal or clearing of any trees in conjunction with works approved under Part 5 of the Act, or
11. the removal of trees in accordance with an order issued by the Council under the provisions of the Act or the Local Government Act 1993.
Heritage items, heritage conservation areas, significant trees and approved landscaping Nothing in subclause (2) (d)-(k) removes the requirement for development consent or written permission to cut down, top, lop, prune, remove, injure or wilfully destroy any tree that is:
1. a heritage item or part of a heritage item, or
2. within a heritage conservation area, or
3. listed on Council's Significant Tree Register (which is available for inspection at the office of the Council), or
4. part of landscape planting required by a development consent.
Pruning Nothing in this clause requires development consent or permission of the Council for the following:
1. pruning of a hedge by no more than 20 per cent of its height or width in any one year, so that the overall height is not reduced below 1.5 metres,
2. the seasonal pruning of fruit trees for the purpose of maintaining fruit production, but this exemption does not apply to Acmena spp. or Syzygium spp. (Lilly pilly), Elaeocarpus spp. (Blueberry Ash), Ficus coronata (Sandpaper Fig) or F. rubiginosa (Rusty or Port Jackson Fig),
3. "deadwooding", being the removal of dead wood from a tree, if the branches removed are not branches with hollows on a "likely habitat tree" specified in an order made under subclause (7),
4. selective pruning, being only pruning to remove branches back to the nearest branch collar or junction to clear a roof, where trees directly overhang the roof of a dwelling, garage or commercial building, and only if the owner of the land where the centre of the tree originated or where the majority of the trunk of the tree is growing, is in agreement,
5. to remove any species of parasitic mistletoe or parasitic plant from any part of a tree to ameliorate the effects on the tree from such a parasite.
This clause does not allow pruning of a tree unless it is carried out in accordance with Australian Standard AS 4373--1996, Pruning of amenity trees.
Transplanting The following may be transplanted without development consent or the permission of the Council:
1. specimens that have originated in and have grown continuously in a container which is not permanently fixed to a structure,
2. a tree that has remained continuously confined within a container, but not a tree in a planter box where the box is part of a building,
3. a field-grown tree propagated as part of a commercial horticultural or agricultural enterprise for the purposes of harvesting and selling it as an advanced specimen for relocation and re-establishment.
The Council may, by its order, specify particular trees, or trees of a species or other class, to be "likely habitat trees" for the purposes of this clause.

54A Bushland protection

Notwithstanding clause 32 (Land use matrix), development consent is not required for vegetation clearing if a person clears, cuts down, tops, lops, prunes, removes, injures or wilfully destroys any vegetation (not trees) in accordance with:
1. a written permit issued by the Council, which may be given subject to such conditions as the Council considers necessary, or
2. an exception specified in subclause (4).
Application for permits An application for a permit referred to in subclause (1) (a) shall be accompanied by:
1. the written consent of the owner of the land, and
2. the information specified in clause 43 (Contents of site analysis plan) or elsewhere in this Part that is relevant, in the opinion of Council, to consider the environmental impact of the proposed vegetation clearing, and
3. a method statement detailing the intended approach to undertaking the proposed clearing work, and
4. details of any proposed new plantings (species, mature heights and spread), together with establishment and maintenance details of those new plantings, with the level of detail being sufficient to allow the Council to assess the adequacy of vegetation retention and future landscape proposals.
Considerations before issuing a permit Before issuing a permit referred to in subclause (1) (a), the Council shall consider the following matters:
1. the zone objectives within Part 2, Division 2 (Zone objectives) that apply to the land,
2. the assessment requirements and provisions within this Part that are relevant to the proposed vegetation clearing, including the need to control runoff and erosion during and after clearing,
3. whether a vegetation management plan, prepared by a suitably qualified person and detailing procedures and specifications necessary to address any issues of concern, should be submitted for approval prior to commencement of clearing work,
4. the effect of any vegetation clearing on the viability and quality of the bushland and, in particular, the likelihood of the spread of weeds or of undesirable and exotic species in the bushland.
Exceptions Development consent or a written permission is not required in relation to:
1. the removal or clearing of any vegetation where that removal or clearing is essential for emergency access or emergency works authorised by the Council, the State Emergency Service or any public authority (but only where the amount of vegetation removed is minimised as far as is practicable), or
2. the removal or clearing of vegetation in association with the construction or use of a building or work for which development consent has been granted, including the removal of vegetation and ongoing maintenance of fuel load limits within identified and approved asset protection zones, but only in accordance with the terms and conditions of that consent, or
3. a plant referred to in clause 55 (Weed management), except for a plant that is a known sterile cultivated variety of these plants or a plant referred to in clause 54 (2) (e) or (f), or
4. the removal or trimming of any vegetation in accordance with Part 2 of the Electricity Supply (General) Regulation 2001, or
5. the removal or trimming of any vegetation in accordance with sections 88, 107, 138 and 139 of the Roads Act 1993, or
6. the removal or clearing of any vegetation in conjunction with works approved under Part 5 of the Act, or
7. the removal or clearing of any vegetation, but not trees, in any zone to which clause 14 (Locality management within the villages) applies or within the Living--General zone or Living Conservation zone, or
8. the removal or clearing of any vegetation, but not trees, for maintenance of a garden, within its existing boundaries, or
9. the removal or clearing of any vegetation, but not trees, for maintenance of existing cleared areas or areas for which consent or a permit has been granted authorising clearing, or
10. the removal or clearing of native vegetation in bushland for the purposes of creating gardens where:
  1. the work does not involve the removal, injury or destruction of trees, and
  2. the area to be cleared is within 35 metres of a dwelling for which consent or a building approval has been granted on the same allotment as the proposed clearing, and
  3. the area to be cleared is not greater than 500m 2, and
  4. the area to be cleared is not development excluded land, and
  5. the area to be cleared is not within the Protected Area--Escarpment Area or Protected Area--Riverine Scenic Quality Corridor, and
  6. the removal of native vegetation is not contrary to any condition of any consent or any plan approved by the Council, or
11. the removal or clearing of vegetation in accordance with an order issued by the Council under the provisions of the Act or the Local Government Act 1993, or
12. the removal or clearing of any vegetation, in accordance with the Surveying Act 2002 or any regulation made under that Act, between properties for the purpose of enabling a survey to be carried out along that boundary by a registered surveyor where no alternative survey method is feasible, or
13. the removal or clearing of vegetation where that removal is consistent with a management plan approved by the Council for landscaping or gardening works.

55 Weed management

Where a plant that is declared under the Noxious Weeds Act 1993 to be a noxious weed for the City is identified on a proposed development site, when granting consent for development of the site, the consent authority may require:
1. the removal of the noxious weed present in a manner satisfactory to the consent authority, or
2. management of the weed in accordance with a weed management plan, that includes measures satisfactory to the consent authority to control the noxious weeds within the boundaries of that site as prescribed by the Noxious Weeds Act 1993.
The consent authority may decline to grant consent to development that proposes the use for landscape works in the Living--Bushland Conservation zone of any species included in the schedule entitled "Weeds of the Blue Mountains" within the Better Living DCP.
Consent shall not be granted to development that proposes the use for landscape works undertaken by or on behalf of the Council of any species included in the schedule entitled "Weeds of the Blue Mountains" within the Better Living DCP.
Should any noxious or environmental weeds listed in the schedule entitled "Weeds of the Blue Mountains" within the Better Living DCP be located in an asset protection zone that the consent authority requires to be established, these weeds shall be removed and disposed of so as to ensure that regeneration of such weeds does not occur.
Consent shall not be granted to development that proposes the use of any noxious weeds, as prescribed by the Noxious Weeds Act 1993.

56 Site disturbance and erosion control

Consent shall not be granted to development unless the consent authority is satisfied that the development is designed and sited to:
1. reflect the capability of the site, taking into consideration the natural characteristics of the land, and
2. minimise the extent and time of site disturbance, and
3. prevent sediment, building materials, waste or other pollutants from leaving the site and entering adjoining land, street gutters, drains or watercourses.
As far as is practicable and in response to site characteristics, the consent authority is to ensure that new development is to be located in areas which have been previously cleared.
Consent shall not be granted to development, excluding:
1. minor additions, and
2. development that disturbs less than 50 square metres of the site,

unless the consent authority is satisfied that the development will be carried out in accordance with an erosion and sediment control plan.

An erosion and sediment control plan prepared to comply with subclause (3) shall provide details of how the development addresses all aspects of site disturbance, erosion and sediment control and site rehabilitation, including:
1. the location and extent of all existing and proposed areas where the natural ground cover is or will be disturbed, and
2. the location of natural areas requiring specific planning or management responses, including watercourses, seasonally wet areas, areas prone to ponding or waterlogging and unstable slopes, and
3. the nature and extent of all earthworks, including the location, extent and depth of any proposed cut or fill, and
4. the location of all potential sources of sediment on the site, including (where known) any stock piles of soil or building materials or waste, and
5. the location and nature of any proposed stormwater or erosion and sediment control measures, and
6. site rehabilitation proposals, including final contours.
Where, in the opinion of the consent authority, the nature, scale or location of proposed development warrants a greater level of detail to facilitate the full consideration of the proposed development, an erosion and sediment control plan shall include, in addition to the matters referred to in subclause (4):
1. a maintenance strategy for erosion and sedimentation control works including the nomination of responsibility for the follow-up maintenance required on any permanent measures, and
2. a chart outlining the construction sequence over the duration of the works including measures for erosion and sediment control and their maintenance, and
3. a description of the effect of any permanent site controls on the sub-catchments or catchments.
Where development proposes to incorporate temporary stormwater and sediment control basins to manage stormwater run-off, the consent authority shall require that the design and management of the basins:
1. minimise the potential for establishment of native fauna populations in the basin, and
2. have no significant impact on a watercourse or vegetation community, and
3. either:
  1. include procedures to investigate the existence of native fauna within the basin and to relocate native fauna to a suitable habitat prior to removal or drainage of the basin, or
  2. incorporate the basin as a permanent feature of the completed development where fauna are unable to be relocated.

57 Stormwater management

Consent shall not be granted to development that will alter the flow of surface or ground water, unless the consent authority is satisfied that the development incorporates effective measures to manage stormwater run-off for the life of the development and to ensure:
1. surface water run-off will be diverted away from all disturbed areas on the site, and
2. the quality of surface or ground-water leaving the site will not be reduced in the short or long term, and
3. the development will minimise or eliminate point source and diffuse source pollution by the use of best management practices, and
4. the development will not adversely alter the quantity and flow characteristics of stormwater leaving the site, and
5. the development is designed and sited to minimise stormwater run-off from impervious surfaces leaving the site, and
6. the development optimises on-site retention and re-use of stormwater run-off, through measures such as dual plumbing and infiltration devices.
Consent shall not be granted to development (excluding minor additions) in the Living--Bushland Conservation zone or a Protected Area--Water Supply Catchment that increases the existing area of impervious or hard surfaces by more than 100 square metres or where the total area of impervious or hard surfaces of existing and proposed development exceeds 300 square metres unless the consent authority is satisfied that the development incorporates:
1. effective measures for on-site retention of water with a collection capacity of not less than 4,000 litres per 100 square metres of hard or impervious surface (including paving) and for the re-use of water drained from those surfaces, or
2. other measures for the retention of stormwater run-off and its appropriate re-use that have been designed by a suitably qualified person.
Consent shall not be granted for development:
1. involving the construction of three or more dwellings on any allotment, or
2. for commercial or industrial purposes, with potential for discharge of pollutants such as fuels, heavy metals, oils, solvents and the like, or
3. on an allotment having impervious surfaces in excess of 40 per cent of the allotment area,

unless the consent authority is satisfied that the development will be carried out in accordance with a stormwater management plan which identifies the measures that are to be incorporated to mitigate impacts of stormwater run-off, to maximise the use of water permeable surfaces and to promote infiltration of water on-site.

The stormwater management plan is to maximise the use of water permeable surfaces on the site and be designed to promote infiltration of run-off water on-site.

58 Modification of land form

Development is to minimise "cut" and "fill" as far as practicable and is to contain "cut" and "fill" within the development footprint where conditions allow.
Consent shall not be granted to development in the Living--Bushland Conservation zone:
1. that requires the alteration of the natural ground level by greater than 1 metre cut or 1 metre depth of fill, except where wholly contained within or retained by the walls of a building, or
2. where the natural ground level of the area of proposed development has contiguous areas of slope greater than 10 per cent, that uses slab on ground, other than site responsive split-level slab, construction methods.

59 Bush rock removal

Consent shall not be granted to development requiring the removal of bush rock unless the consent authority is satisfied that:
1. the removal of bush rock is a necessary part of carrying out the development on a site, and
2. there is no viable option available, after consideration of the suitability and type of proposed development and the physical characteristics of the site and adjoining land, to retain the bush rock on the site.
When considering the retention of bush rock on a site, the consent authority shall consider the priority for retention to be as follows:
1. bush rock that is known or likely to be habitat for any species, population or ecological community listed under the Threatened Species Conservation Act 1995,
2. bush rock that is within a wildlife corridor or is habitat for any native fauna,
3. bush rock salvaged from excavation works carried out as part of a development for which consent has been granted for landscape works,
4. bush rock that will contribute to the streetscape character of the locality.

Division 3 - Character and landscape assessment

60 Consideration of character and landscape

Consent shall not be granted to development involving a building unless the consent authority has considered the extent to which the development is consistent with, or enhances, the established character and streetscape of the surrounding area with regard to:
1. the scale and massing of any proposed building, and
2. the use of building materials, including colours and finishes, and
3. the building form, including roof pitch and proportions of windows, and
4. the location of buildings on an allotment and the relationship of the building to the public street.
For the purpose of providing for an open streetscape appearance for residential development, the following restrictions on solid fences and walls apply:
1. a fence or wall located along any street frontage of a lot and any part of a side fence or wall that is located within the front building setback shall not exceed a height of 1 metre, except where a higher fence or wall is required, in the opinion of the consent authority:
  1. as a noise attenuation measure and other measures are not available, or
  2. along one street frontage, in the case only of a lot with a frontage to more than one street, to adequately screen private open space,
2. noise attenuation fences or walls are to be designed to minimise any adverse impact on the character and streetscape of the surrounding area as viewed from a road or the Regional Transport Corridor.
Consent shall not be granted to development for the purpose of accessible housing, a boarding house, a dual occupancy, multi-dwelling housing or tourist accommodation unless the development is designed to:
1. minimise the visible bulk of any development and to integrate the development with the existing character of the street, and
2. incorporate measures to minimise any potential impacts on the amenity of adjoining residents, and
3. ensure that the building form and design are articulated and varied, to provide a fine-grained residential built form and an individual dwelling identity and street address, and
4. provide active street frontages and direct views from living areas, where possible, to the public street, and
5. promote a landscape setting for residential development by establishing vegetation as an integral part of the development, and
6. encourage pedestrian and vehicular permeability and, where possible, to provide for linkages with the existing street systems, and
7. develop new streets and access lanes to reflect the local street layout of the surrounding area, if applicable (eg grid street layout).
Consent shall not be granted to development within view of a public place, including a road, railway, or open space, unless the consent authority has considered the probable aesthetic appearance of the proposed development or use of the proposed development when viewed from that public place.

61 Protected Area--Period Housing Area

Consent shall not be granted for development within a Protected Area--Period Housing Area unless the consent authority is satisfied, by means of a detailed assessment of character, that the development complies with the Protected Area objectives within this clause.
Where Division 4 of Part 3 (Heritage conservation) applies to the land, the provisions of that Division prevail over the provisions of this Division to the extent of any inconsistency.
The Protected Area objectives for a Protected Area--Period Housing Area are:
1. to retain and enhance the traditional streetscape and character of older residential areas incorporating Victorian, Edwardian, Federation, Inter-War or Art Deco building styles that are an important contributor to the town character of the Blue Mountains, and
2. to preserve housing stock that pre-dates 1946 from demolition where these buildings are an important contributor to the traditional streetscape character, and
3. to ensure that new development complements the traditional streetscape character of the surrounding Period Housing Area and, in particular:
  1. building appearance and the use of materials and colours shall incorporate common architectural elements of a building style in the surrounding Period Housing Area, and
  2. building scale is to be consistent with the predominant scale of buildings in the surrounding Period Housing Area in regard to height and massing of buildings, and
  3. location of a building on the allotment and the relationship of a building to the public street shall complement the traditional building pattern in the Period Housing Area, and
  4. roof form and pitch shall reflect housing styles that pre-date 1946 in the surrounding Period Housing Area and contribute to the overall retention of the traditional streetscape, and
  5. front fencing is to be comparable in construction, height and materials to existing fencing in the Period Housing Area or styles of fencing from the relevant architectural period, and
4. to ensure that the impacts of development on the character of the surrounding area, as determined by a detailed assessment, is a primary consideration.

62 Character assessment for the Period Housing Area

Before granting consent for development within a Protected Area--Period Housing Area, the consent authority shall consider a detailed assessment of character complying with clause 61 (Protected Area--Period Housing Area), which includes the following information as part of the site analysis plan and supporting information:

a photo assessment (or illustrations, models or the like) of any existing buildings, natural features and vegetation on the site,
a photo assessment (or illustrations, models or the like) of the context of the site, including buildings and vegetation on adjoining and adjacent sites that contribute to the character of the locality,
an explanation of how the proposed development is consistent with and enhances the established character of the surrounding residential area in regard to:
1. scale and massing of proposed buildings, and
2. external finishes of proposed buildings, and
3. landscaping and retention of vegetation, and
4. building form, including roof pitch and size and location of windows, and
5. location of any buildings on the subject and adjoining allotments.

63 Demolition control within the Period Housing Area

The consent authority shall not consent to demolition of a building within a Protected Area--Period Housing Area unless it is satisfied that:
1. the building is not representative of the traditional older building fabric of the area generally, where the building appears to have been built post 1946, or
2. the demolition is of part of an existing building and the substantive appearance of the existing building, when viewed from a public street, will be retained, or
3. documentary evidence demonstrates that the existing building, or the part of the building proposed for demolition, is structurally unsound and not economically repairable, or
4. the building is minor or ancillary to the main building on the site (for example, because it is a carport or garden shed) and its demolition will not adversely affect the character of the main building or its setting when viewed from a public street.
For the purpose of determining whether a building is not economically repairable, the consent authority must consider documentary evidence prepared by a suitably qualified person, demonstrating that the cost of repair would exceed the value of the repaired building.

64 Control of infill development within the Period Housing Area

The consent authority shall not consent to development, including the erection of a building or major alterations or additions to a building, in a Protected Area--Period Housing Area, unless:
1. any existing building representative of the traditional older building fabric of the Period Housing Area, located on the land to be developed, is retained as the most prominent structure on the land when the land is viewed from the street, and
2. the existing traditional streetscape is substantially retained or enhanced.
New buildings or alterations to an existing building that affect the appearance of the building when viewed from a public street in a Protected Area--Period Housing Area shall incorporate the following, where applicable:
1. the front wall of any building is to be aligned parallel to the front boundary of the allotment and the location of front doors and entry areas is to address the public street. Where existing facades on adjoining buildings create a relatively continuous line this pattern should be repeated,
2. architectural elements such as roof gables and pitch, bay windows, verandah roof form and verandah posts/railings, eaves and gutters are to be consistent with a traditional architectural style represented in the surrounding Protected Area--Period Housing Area,
3. building materials are to reflect the traditional building materials used in the surrounding Protected Area--Period Housing Area or are to be materials with a similar appearance to traditional building materials. This may involve the use of a single building material (such as weatherboard) or a combination of two building materials (such as stucco and brick) where these are predominantly used in the surrounding area,
4. major extensions to existing older buildings that are visually prominent from a public street shall use building design elements complementary to the main building,
5. designs for new buildings shall reflect elements from a single traditional architectural period,
6. colour schemes of surrounding traditional housing with the same architectural style as the development and which is located within the Protected Area--Period Housing Area should be identified as part of an application and are to form the basis of the colour scheme used for the proposed development. In general, walls and roofs should be richer shades of muted colours. Corner sites may utilise stronger colours to reinforce prominent landmark buildings,
7. garages and carports are to be located, where possible, behind the rear building line and if located along the street frontage are to be a minor visual element. The design of garages and carports should repeat the themes (ie roof pitch, form) and materials from the main building on the site,
8. materials for roofs are to be either corrugated iron (or material of similar appearance) or may be roofing tiles where these are consistent with the roofing materials predominantly used in the surrounding Protected Area--Period Housing Area.

65 Landscaping for residential development

Consent shall not be granted for residential development unless the consent authority has considered a concept landscape plan that demonstrates to the satisfaction of the consent authority that:
1. design of buildings complements the physical characteristics of the site and minimises the removal of mature vegetation and site disturbance, and
2. the location of buildings maximises the retention of mature vegetation and maintains significant mature landscape features that contribute to the streetscape, and
3. mature vegetation that shall be removed for the proposed development will be replaced with appropriate vegetation to provide screening from adjoining buildings and to maintain the contribution to the streetscape of the vegetation on the site, and
4. the development incorporates proposed planting that, upon maturity, will provide screening of the development from public streets and adjoining dwellings, and
5. the scale and massing of buildings ensure that built forms are secondary to the landscape setting in residential areas where these settings are the dominant character element in the surrounding area.
A concept landscape plan prepared to comply with subclause (1) shall include the following information:
1. the location and extent of existing vegetation to be retained including trees, hedges, large shrubs, shrub beds and any areas of natural vegetation,
2. an indicative planting plan showing the location and size of each tree and large shrub to be planted and the areas to be planted with low shrubs and ground covers,
3. the proposed extent and type (native or exotic) of planting that is to be provided to replace any vegetation that is proposed to be removed.

66 Detailed landscape plan for certain residential development

Consent shall not be granted for development for the purpose of accessible housing, a boarding house, a dual occupancy, multi-dwelling housing or tourist accommodation unless the consent authority has considered a detailed landscape plan.
A detailed landscape plan prepared to comply with subclause (1) shall include on that plan at least the following information:
1. the location, size and species of existing vegetation to be affected by the development, including trees, hedges, large shrubs, shrub beds and any areas of natural vegetation,
2. replacement planting for any vegetation which is proposed to be removed,
3. a planting plan showing the location and size within 10 years of each tree and large shrub,
4. a table indicating common name, botanic name, ultimate height and width and planting size (pot size and height) of each tree and large shrub proposed if relying on planting of trees or large shrubs for privacy,
5. a planting plan showing the location and indicative planting for mid-low shrubs and ground covers.
A detailed landscape plan prepared to comply with subclause (1) shall demonstrate to the satisfaction of the consent authority that the development incorporates planting that will promote a garden setting and enhance the streetscape of the surrounding area.

67 Private open space and gardens for certain residential development

Consent shall not be granted to development for the purpose of accessible housing or multi-dwelling housing unless the development complies with this clause.
For each single storey dwelling or dwelling located, wholly or in part, on the ground floor of a multi-storey building, provision is to be made for a minimum area of private open space, based on the number of bedrooms in the dwelling, as specified in the following Table:

Number of bedrooms in housing or dwelling	Minimum area of private open space (m2)
One (including bedsits)	25
Two	40
Three or more	50

Private open space provided to comply with subclause (2) is to include at least one area that:
1. has reasonable access to a living area of the dwelling, and
2. is on a compatible level with a living area of the dwelling, and
3. has a slope of less than 10 per cent, and
4. is designed and located to allow appropriate access to sunlight and minimise overshadowing from adjoining buildings, and
5. has acoustic treatments, where necessary and practicable, to minimise disturbance to residents of adjoining dwellings, and
6. complies with the minimum area and minimum width, based on the number of bedrooms in the dwelling, as specified in the following Table:

Number of bedrooms	Minimum area (m2)	Minimum width (m)
One (including bedsits)	15	3
Two	20	3.5
Three or more	25	4

In the case of a dwelling not subject to subclause (2), provision is to be made for a usable private balcony or deck attached to the dwelling that:
1. has a minimum area of 6 square metres, and
2. has a minimum length of 1.8 metres, and
3. is accessible from a living area of the dwelling.
Common landscaped areas are to have a garden structure and standard of presentation at least comparable with adjacent private gardens or public parks.

Division 4 - Heritage conservation

68 Consideration of heritage conservation

Consent shall not be granted to development:

of a heritage item, or
within a heritage conservation area, or
of an archaeological site, or
that is likely to have an impact on an Aboriginal object or Aboriginal place, or
within the curtilage of a heritage item or an archaeological site,

unless the consent authority is satisfied that the development complies with the relevant heritage conservation objectives and the relevant provisions within this Division.

69 Heritage conservation objectives

The heritage conservation objectives are as follows:

(a) To conserve the environmental heritage of the Blue Mountains.
(b) To conserve the heritage significance of existing significant fabric, relics, archaeological sites, settings and views associated with heritage items and heritage conservation areas.
(c) To ensure that Aboriginal objects and Aboriginal places are conserved, whether or not those sites are identified by an environmental planning instrument.
(d) To ensure that the heritage conservation areas throughout the City retain their heritage significance.
(e) To encourage public involvement in the conservation of environmental heritage.

70 Protection of heritage items and heritage conservation areas

Notwithstanding clause 32 (Land use matrix), the following development may be carried out only with consent:
1. demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,
2. moving the whole or part of a heritage item,
3. altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, including to its detail, fabric, finish or appearance,
4. altering a heritage item by making structural changes to its interior,
5. disturbing or excavating an Aboriginal place while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in an Aboriginal object being discovered, exposed, moved, damaged or destroyed,
6. disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
7. erecting a building on, or subdividing, land upon which a heritage item is located or which is within a heritage conservation area.
Development consent is not required under this clause if, in the opinion of the consent authority:
1. the proposed development:
  1. is of a minor nature or consists of maintenance of the item or of a building, work, archaeological site, tree or place within a heritage conservation area, and
  2. would not adversely affect the heritage significance of the heritage item or heritage conservation area, and
2. the proponent has notified the consent authority in writing of the proposed work and the consent authority advises the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this clause and that development consent is not required by this Division.
Development consent is not required by this clause for:
1. the creation of a new grave or monument, or
2. an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers,

in a cemetery or burial ground where there will be no disturbance to human remains, relics in the form of grave goods or to an Aboriginal place.

71 Determination of development applications for heritage

When determining a development application required by clause 70 (Protection of heritage items and heritage conservation areas), the consent authority shall assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
An assessment carried out to comply with subclause (1) is to include (but is not limited to) an assessment of the following:
1. the heritage significance of the item as part of the environmental heritage of the City of Blue Mountains,
2. the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features,
3. the measures proposed to conserve the heritage significance of the item and its setting,
4. whether any archaeological site or potential archaeological site would be adversely affected by the proposed development,
5. the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision pattern,
6. any submission received in relation to the proposed development in response to the notification or advertising of the application within the period set by the notice or advertisement.
In relation to a heritage conservation area, an assessment carried out in accordance with subclause (1) is to include (but is not limited to) an assessment of the following:
1. the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance,
2. the impact that the proposed development would have on the heritage significance of the heritage conservation area,
3. the compatibility of the proposed development with any nearby original building and the character of the heritage conservation area, including consideration (where relevant) of:
  1. the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and
  2. the pitch and form of the roof, and
  3. the style, size, proportion and positions of the openings for windows or doors, and
  4. the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building,
4. the measures proposed to conserve the significance of the heritage conservation area and its setting,
5. whether any identified landscape or horticultural features would be affected by the proposed development,
6. whether any archaeological site or potential archaeological site would be affected by the proposed development,
7. the extent, if any, to which the carrying out of the development in accordance with the consent would affect an historic subdivision pattern,
8. any submission received in relation to the proposed development in response to the notification or advertising of the application within the period set by the notice or advertisement.
When determining whether or not to grant a development consent in accordance with subclause (1):
1. consent shall not be granted until the consent authority has considered a heritage impact statement which includes an assessment of the matters raised in subclause (2), in the case of proposed development that would affect a heritage item, and
2. consent shall not be granted until the consent authority has considered a heritage impact statement which includes an assessment of the matters raised in subclause (3), in the case of proposed development that would affect a heritage conservation area, and
3. where the consent authority requires that a conservation management plan should also be prepared in respect of a heritage item, the consent authority may refuse to grant consent unless a conservation management plan has been submitted and considered.

72 Notice of certain development applications

The following development is identified as advertised development:

the demolition of a heritage item or of a building, work, tree or place in a heritage conservation area,
the carrying out of any development allowed to be carried out only because of clause 77 (Conservation incentives).

73 Notification of demolition to the Heritage Council

Before granting consent for the demolition of a heritage item identified by this plan as being of State significance, the consent authority shall notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.

74 Development affecting places or sites of known or potential Aboriginal heritage significance

Consent shall not be granted to development that is likely to have an impact on an Aboriginal place, or a potential Aboriginal place, or that will be carried out on an Aboriginal object, unless the consent authority has:

considered a heritage impact statement explaining how the proposed development would affect the conservation of any Aboriginal object known or reasonably likely to be located at a site, or any Aboriginal place, which has been prepared in accordance with any guidelines for the time being notified to it by the Director-General of the Department of Environment and Conservation, and
except where the proposed development is integrated development, notified the local Aboriginal communities and the Director-General of the Department of Environment and Conservation of its intention to do so and taken into consideration any comments received in response within 28 days after the relevant notice is sent.

75 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance

Consent may be granted to the carrying out of development on an archaeological site or potential archaeological site or site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also an Aboriginal place or Aboriginal object) only if the consent authority has:
1. considered a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
2. notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent.
This clause does not apply if the proposed development:
1. does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or
2. is integrated development.

76 Development in the curtilage of a heritage item or in a heritage conservation area

Before granting consent to development in the curtilage of a heritage item or in a heritage conservation area that includes a heritage item, including a work which:
1. may affect the setting of the heritage item, including by obscuring a significant view to or from the item or by overshadowing, or
2. may undermine or otherwise cause physical damage to the heritage item, or
3. will otherwise have an adverse impact on the heritage significance of the heritage item,

the consent authority shall assess the impact of the proposed development on the heritage significance of the heritage item and on the heritage conservation area, if it is within such an area.

Consent shall not be granted to development in the curtilage of a heritage item or in the vicinity of a heritage conservation area unless the consent authority has considered a heritage impact statement, where, in the opinion of the consent authority, that development could adversely impact on the heritage significance or visual setting of that item or area.
The heritage impact statement, where required, shall include details of the size, shape and scale of, the setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the significance of the heritage item.

77 Conservation incentives

Notwithstanding clause 32 (Land use matrix), the consent authority may as a heritage conservation incentive grant consent to the use for any purpose of a building that is a heritage item, or of the land on which any such item is erected, if:
1. it is satisfied that the retention of the heritage item depends on the granting of consent, and
2. the proposed use is in accordance with a conservation management plan which has been endorsed by the Council, and
3. the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
4. the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and
5. the proposed use would not unreasonably affect the amenity of the surrounding area.
The consent authority may consent to development that affects a building that is a heritage item, or land on which any such item is erected, even though it contravenes a development standard set by this plan relating to building height, site coverage or development density, where the consent authority is satisfied that:
1. the retention of the heritage item depends on the contravention of the development standard, and
2. the proposed contravention is in accordance with a conservation management plan which has been endorsed by the Council, and
3. the proposed contravention would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
4. the proposed contravention of the development standard would not unreasonably affect the heritage significance of the heritage item or its setting, and
5. the proposed contravention of the development standard would not unreasonably affect the amenity of the surrounding area.
This clause does not allow consent to be granted for a subdivision.

Division 5 - Bush fire protection

78 Consideration of bush fire protection

Consent shall not be granted to development on bush fire prone land unless:
1. the consent authority has had regard to an assessment of the information relating to bush fires required by item (6) of the Table to clause 43 and is satisfied that the development is designed and located in accordance with the bush fire assessment, and
2. the consent authority is satisfied that the proposed development complies with the relevant bush fire protection objectives and the other provisions within this Division.
In considering the matters referred to in subclause (1), the consent authority must have regard to the specifications and requirements of Planning for Bushfire Protection.
Except for development subject to clause 81 (Bush fire protection for residential subdivision and development) and clause 82 (Special fire protection purposes), where the development does not conform to the specifications and requirements of Planning for Bushfire Protection, the consent authority may grant consent to development on bush fire prone land, subject to subclause (1).
Development that is not located on bush fire prone land:
1. is to adopt measures to achieve a basic level of protection against ember attack and radiant heat in the manner outlined in the relevant parts of the Council's Better Living DCP, and
2. shall not be required to provide an asset protection zone where the consent authority is satisfied that a structure, work or open space located between the site and the source of any bush fire hazard provides sufficient separation.

Note: The consent authority must also have regard to the relevant provisions of the Rural Fires Act 1997 and the Environmental Planning and Assessment Act 1979.

79 Bush fire protection objectives

The bush fire protection objectives are as follows:

To balance conservation of the natural environment with the protection of life and property from bush fire.
To reduce potential bush fire attack by managing vegetation in the vicinity of habitable buildings through the provision of appropriate asset protection zones.
To contain asset protection zones and other bush fire protection measures within the boundaries of the site of the development that they are designed to protect, wherever possible.
To enable the maintenance of bush fire protection measures and ongoing vegetation management for the life of the development by the owner or occupier.
To place restrictions on the erection of buildings requiring special fire protection measures, including buildings whose occupants could be highly vulnerable to bush fires, buildings in which people work or assemble and buildings situated on sites where the proposed intensity of land use provides an unacceptable level of bush fire risk.
To enable infill development that provides effective asset protection and that responds to the pattern of development within existing urban areas that are bush fire prone.
To enable the defence of habitable buildings against bush fire attack by providing adequate water supplies, on-site access and safe access networks for fire fighting purposes.
To protect habitable buildings during the passage of any fire front by appropriate siting, design, choice of materials and construction.

80 Asset protection zones

Consent must not be granted for any development of bush fire prone land involving the construction of a building (except a class 10 building) or residential subdivision unless the consent authority is satisfied that an asset protection zone that complies with the objectives of asset protection zones and other provisions of this clause will be established and maintained.
The objectives of asset protection zones are:
1. to protect buildings, their occupants and fire fighters by isolating the building from direct flame attack and reducing the level of radiant heat impacting upon the building, and
2. to minimise the impact of asset protection zones so that they do not unduly compromise the retention of a natural bushland environment, and
3. to separate buildings from the source of a bush fire hazard, and
4. to minimise the combustible material available to burn in a bush fire, and
5. to enable access to all exterior parts of a dwelling after the passage of a fire front to identify and extinguish any spot fires which may have ignited.
An asset protection zone must be designed and maintained so that:
1. there is minimal fuel that could be set alight by a bush fire, and
2. any vegetation located within the asset protection zone does not provide a path for the transfer of fire to buildings.
Except as provided otherwise by clause 81 (6) or clause 83 (Bush fire protection for infill development), any asset protection zone established to protect development against bush fire is to be located within the boundaries of the site on which the development is to be carried out.
Where an existing asset protection zone immediately adjoins the development site, and the consent authority is satisfied that it will continue to be maintained for this purpose, the existing asset protection zone may be included as part of the asset protection zone for the new development.
Conditions of development consent may require restrictions or positive covenants to be placed on titles of affected land to maintain the effectiveness of an asset protection zone or to protect vegetation within or adjoining an asset protection zone, which may relate to:
1. the nature and level of vegetation maintenance required,
2. the extent and method of vegetation clearing,
3. responsibility for maintenance.

81 Bush fire protection for residential subdivision and development

An asset protection zone required for a residential subdivision of bush fire prone land (including for any subsequent development of habitable buildings) is to comply with the minimum separation distances specified in the following Table:

Slope from proposed building line to source of bush fire hazard	Vegetation Group 1	Vegetation Group 2	Vegetation Group 3

>10% upslope	20 = 20 + 0	20 = 20 + 0	20 = 20 + 0
10-0% upslope	30 = 20 + 10	30 = 20 + 10	20 = 20 + 0
0-10% downslope	40 = 30 + 10	35 = 25 + 10	20 = 20 + 0
>10-20% downslope	50 = 40 + 10	40 = 30 + 10	20 = 20 + 0
>20-27% downslope	60 = 50 + 10	50 = 40 + 10	20 = 20 + 0
>27-33% downslope	70 = 60 + 10	60 = 50 + 10	20 = 20 + 0

(2) For the purposes of the Table to subclause (1), the minimum separation distances are expressed as inner protection areas and outer protection areas as prescribed within for Bushfire Protectionfor a fire burning within a bushland area classified as vegetation group 1, vegetation group 2 or vegetation group 3 in that publication.
Despite subclause (1) consent may be granted for development where an asset protection zone is established that does not comply with the minimum separation distances specified in subclause (1) if the consent authority is satisfied that the size, shape, isolation, vegetation type or unique physical characteristics of the locality are such that a fire of the intensity predicted in Planning for Bushfire Protection will not occur.
Such a consent may be granted only if the consent authority is so satisfied in terms of the vegetation group identified on or adjoining the site and bush fire behaviour expected under a Fire Danger Index of 80, as described in Planning for Bushfire Protection.
An asset protection zone provided in accordance with this clause shall incorporate a perimeter road or trail that circumscribes the hazard side of the land intended for development, in accordance with the relevant provisions in clause 84 (Access to bush fire prone land).
Land that is not within the development site may be included in an asset protection zone for the site only if a permanent proprietary right is established that allows ongoing maintenance of that land, except to the extent (if any) that the land is a perimeter road or perimeter trail held by the Council in fee simple.
To enable the maintenance of an asset protection zone, the slope between the perimeter fire road or trail and the rear of any dwelling shall not exceed 20 per cent.
An asset protection zone provided in accordance with this clause shall minimise the perimeter of land that has an interface with the source of a bush fire hazard.

82 Special fire protection purposes

An asset protection zone established for special fire protection purposes on bush fire prone land is to comply with the minimum separation distances specified in the following Table:

Slope from building to source of bush fire hazard	Vegetation Group 1	Vegetation Group 2	Vegetation Group 3

>10% upslope	60 = 50 + 10	30 = 20 + 10	20 = 20 + 0
10-0% upslope	75 = 60 + 15	40 = 25 + 15	20 = 20 + 0
0-10% downslope	80 = 65 + 15	50 = 35 + 15	20 = 20 + 0
>10-20% downslope	90 = 75 + 15	60 = 45 + 15	20 = 20 + 0
>20-27% downslope	100 = 85 + 15	80 = 65 + 15	20 = 20 + 0
>27-33% downslope	100 = 85 + 15	100 = 85 + 15	20 = 20 + 0

For the purposes of the Table to subclause (1), the minimum separation distances are expressed as inner protection areas and outer protection areas as prescribed within Planning for Bushfire Protection for a fire burning within a bushland area classified as vegetation group 1, vegetation group 2 or vegetation group 3.
Despite subclause (1) consent may be granted for development where an asset protection zone is established that does not comply with the minimum separation distances specified in subclause (1) if the consent authority is satisfied that the size, shape, isolation, vegetation type or unique physical characteristics of the locality are such that a fire of the intensity predicted in Planning for Bushfire Protection will not occur.
Such a consent may be granted only if the consent authority is so satisfied in terms of the vegetation group identified on or adjoining the site and bush fire behaviour expected under a Fire Danger Index of 80, as described in Planning for Bushfire Protection.
However, the minimum separation distances specified in subclause (1) must be complied with, unless the consent authority is satisfied that:
1. the property is able to provide a sufficient level of protection against the effects of bush fire attack, including smoke inhalation, on highly vulnerable occupants and those unable to defend a property during a bush fire, and
2. sufficient evacuation procedures are in place, taking into account the needs of likely occupants.
Subject to subclause (7), development for a special fire protection purpose is to incorporate a perimeter road or perimeter fire trail that complies with the relevant provisions of clause 84 (Access to bush fire prone land).
However, consent may be granted to development for a special fire protection purpose that cannot provide a perimeter road or perimeter fire trail that conforms with clause 84 (Access to bush fire prone land) where:
1. the development does not involve subdivision of land to create additional lots, and
2. asset protection zones comply with the minimum separation distances set by this clause, and
3. all practicable construction measures will be incorporated into the proposed development to reduce the vulnerability of buildings to bush fire attack, and
4. adequate measures are in place to enable evacuation of the site and any buildings on the site in case of bush fire attack.

83 Bush fire protection for infill development

(1) Except for development subject to clause 81 (Bush fire protection for residential subdivision and development) or clause 82 (Special fire protection purposes), an asset protection zone for development of habitable buildings on existing allotments on bush fire prone land is to comply with the minimum separation distances specified in the following table:

Slope from building to source of bush fire hazard	Vegetation Group 1 or 2	Vegetation Group 3

>10% upslope	20	20
10-0% upslope	20	20
0-10% downslope	25	20
>10-20% downslope	30	20
>20-27% downslope	40	20
>27-33% downslope	50	20

The minimum separation distances in the Table to subclause (1) are for an asset protection zone comprising an inner protection area only.
Despite subclause (1), consent may be granted for development where an asset protection zone is established that does not comply with the minimum separation distances specified in subclause (1) if the consent authority is satisfied that:
1. the size, shape, isolation, vegetation group or unique physical characteristics of the locality are such that a fire of the intensity predicted in Planning for Bushfire Protection will not occur, or
2. the size and configuration of the allotment concerned mean compliance with minimum separation distances is not feasible, or
3. non-compliance is necessary to preserve environmental attributes of the land to comply with clause 44 (Environmental impact), or
4. an asset protection zone is, or has been required to be, established and maintained on an adjoining property that would limit the bush fire hazard on the site of the development, or
5. as part of future development, the consent authority is satisfied that an asset protection zone is reasonably likely to be established on an adjoining property that would limit the bush fire hazard on the site of the development, after giving consideration to:
  1. zone objectives applying to the adjoining property, and
  2. the range of land uses permissible on the adjoining property that would require an asset protection zone or would provide adequate separation distances, and
  3. provision of vehicular access, services and infrastructure that would facilitate development of the adjoining property, and
  4. the rate of development undertaken in the immediate locality.
Consent shall not be granted to development pursuant to subclause (3), unless the consent authority is satisfied that:
1. the proposed development would not pose an unacceptable risk to human life and property, and
2. no viable alternative is available, and
3. notwithstanding compliance with clause 86 (Bush fire construction standards), the development incorporates a level of construction and any other reasonable measures to minimise the risk arising from a variation in separation distance in accordance with the Council's Better Living DCP, and
4. the proposed development:
  1. complies with the specifications for "Infill Development in Bush fire Prone Areas", where these specifications have been prepared by the Council and approved by the Commissioner of the NSW Rural Fire Service, or
  2. has been notified to the Commissioner of the NSW Rural Fire Service, and the Commissioner's concurrence to the development, subject to any conditions that may be imposed, has been obtained.
In deciding to grant concurrence required by subclause (4) (d) (ii), the Commissioner of the NSW Rural Fire Service shall take into consideration the matters specified in subclauses (3) and (4) and any other matters that are necessary, in the opinion of the Commissioner, to protect persons, property or the environment from the danger that may arise from a bush fire.

84 Access to bush fire prone land

The consent authority shall not consent to development on bush fire prone land involving the construction of new roads or development for a special fire protection purpose, unless it is satisfied that adequate provision is made for public and private road access in accordance with this clause.
Roads, generally New public roads and property access roads constructed in conjunction with the subdivision of bush fire prone land, including bridges, perimeter roads and perimeter fire trails, are to:
1. be capable of carrying fully loaded fire fighting vehicles, and
2. have a gradient of less than 20 per cent, where possible, and that does not exceed 27 per cent, and
3. be located so as not to traverse a wetland or other land potentially subject to periodic inundation, and
4. be designed, constructed and maintained in accordance with the relevant criteria in the Council's Better Living DCP.
New public roads constructed in conjunction with the subdivision of bush fire prone land, not including perimeter roads or perimeter fire trails, are to be:
1. at least 8 metres wide with shoulders on each side, so as to allow traffic to pass in opposite directions, and
2. through roads wherever practicable, providing at least two access points to a main road from land that has been subdivided into lots intended for use for residential, commercial or industrial purposes, and
3. cul-de-sacs only where the construction of through roads is impracticable given the physical constraints of the land.
Perimeter roads The following requirements apply to perimeter roads:
1. A perimeter road is to be established within the limits of land being subdivided for residential purposes, between bushland and the residential lots, and shall form part of the asset protection zone, with the outer protection area located on the bushland side.
2. The dimensions of the perimeter road are to allow for a width of at least 20 metres for the road reserve and at least 9 metres for the carriageway.
3. The perimeter road is to be a through road that is to link to a public road network at intervals of no more than 500 metres.
Perimeter fire trails The following requirements apply to perimeter fire trails:
1. A perimeter fire trail may take the place of a perimeter road where the perimeter fire trail is located on an east facing slope, or where the subdivision does not involve the creation of more than three lots within an existing urban area and the pattern of development does not allow for a perimeter road.
2. The perimeter fire trail is to comprise a reserve at least 6 metres wide, with a trail at least 4 metres wide and an additional 1 metre wide strip on each side of the trail that is kept clear of bushes and long grass.
3. The central 4 metres of the perimeter fire trail is to be cleared, formed, graded and suitably drained.
4. Consent must not be granted for a habitable building served by a right of carriageway or access handle on lots that adjoin a perimeter fire trail.
5. The perimeter fire trail must link up at both ends with the public road network, and should link into any street network at 300 metre intervals via an access track designed in accordance with the relevant parts of the Council's Better Living DCP.
6. The consent authority may, as a condition of consent, require the owner of the land to maintain the perimeter fire trail in a serviceable and accessible condition.
7. Passing bays are to be provided at intervals not exceeding 200 metres to the dimensions outlined in the Council's Better Living DCP.
Property access The following requirements apply to property access:
1. Development on bush fire prone land is to ensure that emergency vehicles may gain access to the interface with the bush fire hazard.
2. Any right of carriageway or access handle which serves more than one internal allotment or is greater than 50 metres in length is to be at least 6 metres wide, with a trail at least 4 metres wide and an additional 1 metre wide strip on each side of the trail that is kept clear of bushes and long grass.
3. The central 4 metres of the right of carriageway or access handle, including any bridges, is to be cleared, formed, graded and suitably drained.
4. The right of carriageway or access handle is to have a longitudinal gradient not exceeding 20 per cent.
5. Passing bays are to be provided at least every 200 metres for a right of carriageway or access handle, to the dimensions outlined in the Council's Better Living DCP.
6. Dwellings sited further than 200 metres from the road network should have an alternative access road providing emergency egress to the through road network.
7. Fire fighting vehicles must be able to enter and leave the right of carriageway in a forward direction.

85 Service supplies

Gas and electricity Gas and electricity services to development on bush fire prone land are to be provided in accordance with the relevant criteria in the Council's Better Living DCP.
Water supplies When granting consent to any development on bush fire prone land, the consent authority is to be satisfied that adequate water would be available to land holders and fire fighting authorities to enable the effective defence of habitable buildings in the event of a bush fire attack, in accordance with this clause.
Water supplies to new subdivisions are required to be provided in such a way that:
1. water mains are of adequate size to provide water supply for peak bush fire fighting demand, and â€˜dead-end' mains are avoided, and
2. fire hydrants are available in strategic and accessible locations, in accordance with the relevant criteria in the Council's Better Living DCP.
Water supplies to individual properties are to be provided in such a way that:
1. fire hydrants are available in strategic locations so as to be accessed by fire fighting vehicles and enable hoses to reach the most distant part of any building, in accordance with the relevant criteria in the Council's Better Living DCP, or
2. if the building is located such that paragraph (a) cannot be satisfied, alternative water supply options are available in accordance with the relevant criteria in the Council's Better Living DCP, including a static water supply available for fire fighting purposes at all times with a capacity of at least 10,000 litres.

86 Bush fire construction standards

The category of bush fire attack applying to a habitable building on bush fire prone land is to be determined on the basis of the distance and slope of land between the building line and the vegetation group or relevant vegetation class in accordance with Planning for Bushfire Protection.
Consent shall not be granted to development involving the construction of a habitable building on bush fire prone land unless that building meets the standards for building in bush fire prone areas specified within Planning for Bushfire Protection for the relevant category of bush fire attack.

Division 6 - Hazard and risk assessment

87 Crime minimisation assessment

When determining a development application, the consent authority shall have regard to the following principles of crime prevention:
1. surveillance --enabling maximum natural surveillance of buildings, streets, car parking facilities and open spaces,
2. access control --providing a clear indication of areas where people are and are not permitted to go, and incorporating security measures to restrict access to private or high risk areas,
3. territorial reinforcement --encouraging the ownership of public space, clearly delineating between public and private spaces to reflect the intended use,
4. space management --ensuring that spaces are well maintained and used as they were intended,

with reference to the relevant provisions of the Council's Better Living DCP.

The consent authority may decline consent for development unless it has considered a crime minimisation assessment addressing the principles identified in subclause (1).

88 Land subject to inundation

Consent shall not be granted to development on land that in the opinion of the consent authority is subject to inundation unless the consent authority is satisfied that the proposed development would not:
1. adversely impede the flow of flood waters on that land or on land in its immediate vicinity, or
2. imperil the safety of persons on that land or on land in its immediate vicinity, or
3. aggravate or be likely to result in erosion, siltation or the destruction of vegetation, or
4. cause any adverse effect on the water table of the land or of the land in its immediate vicinity.
Nothing in this clause prevents the consent authority granting consent for the carrying out of reasonable repairs to, renovation of, alterations to, extensions to, additions to or to a different use of, an existing building, if there will be no resulting increase in flood risk on the land concerned or on other land in its immediate vicinity.
The consent authority may, as a condition of consent, require:
1. the floor level of a building to be at a height sufficient, in its opinion, to prevent the flooding or to reduce the incidence of flooding of that building or of adjoining land in its immediate vicinity, and
2. any portion of a building or structure below the height set in accordance with paragraph (a) to be built from flood compatible materials.

89 Remediation of contaminated land

This clause applies to any development on contaminated land.
Consent shall not be granted to any development to which this clause applies unless the consent authority has considered whether the land is contaminated, and:
1. if the land is contaminated, the consent authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and
2. if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, the consent authority is satisfied that the land will be remediated before the land is used for that purpose.
Nothing in this clause affects the application of State Environmental Planning Policy No 55--Remediation of Land to land to which this plan applies.