New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 5

SCHEDULE 5 – Amendments to Blue Mountains Local Environmental Plan No 4

1

Blue Mountains Local Environmental Plan No 4 is amended:

(a) by inserting at the end of clause 3 the following sub-clause:

(2) This plan does not apply to the land to which Blue Mountains Local Environmental Plan 1991 applies.

(b) by omitting clause 58 of Blue Mountains Local Environmental Plan No 4 and by inserting instead the following clauses:

58 Heritage conservation

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

(2) In this clause:
"alter", in relation to a heritage item or to a building or work within a Heritage Conservation Area, means change the inside or outside of the heritage item, building or work, but does not include changes that maintain the existing detail, fabric, finish or appearance outside of the heritage item, building or work.
"bed and breakfast" means the provision of accommodation and meals for commercial purposes within a dwelling house specified in Schedule 2 to Blue Mountains Local Environmental Plan 1991 situated on land to which this plan applies:

(a) by the permanent residents of the dwelling house, and

(b) on a short term basis,

where the total occupancy of the dwelling house, including the permanent residents, does not exceed 10, but does not include the provision of accommodation and meals within a refreshment room.
For the purpose of this definition, "dwelling house" includes ancillary buildings, forming part of the main building group, existing at the appointed day and any alterations to such buildings, provided the site coverage, size and bulk of the building is not increased.
"demolition" means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.
"Heritage Conservation Area" means land to which this plan applies that consists of, or is included in, an area identified as such on the Map and in Schedule 2 to Blue Mountains Local Environmental Plan 1991 .
"heritage item" means a building, work, relic, tree or place of heritage significance situated on land to which this plan applies and identified in Schedule 2 to Blue Mountains Local Environmental Plan 1991 .
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"Map" has the same meaning as in Blue Mountains Local Environmental Plan 1991 .
"relic" means any deposit, object or material evidence which is over 50 years old relating to settlement.

(3) A person shall not, without the consent of the Council, in respect of a building, work, relic, place or tree that is a heritage item:

(a) demolish or alter the building or work, or

(b) damage or move the relic, or excavate for the purpose of exposing or moving the relic, or

(c) damage or despoil the place or tree, or

(d) damage or remove any tree or horticultural feature on the land on which the building, work or relic is situated or on the land which comprises the place.

(4) A person shall not, without the consent of the Council, in respect of a Heritage Conservation Area:

(a) demolish or alter a building or work within the area, or

(b) damage or move a relic, or excavate for the purpose of exposing or moving a relic, within the area, or

(c) damage or despoil a place, tree or other horticultural feature within the area.

(5) The Council shall not grant consent to a development application in respect of:

(a) a heritage item, or

(b) development likely to affect a heritage item, or

(c) development in a Heritage Conservation Area,

unless it has assessed the effect that the development would have on the heritage significance of the heritage item or Heritage Conservation Area.

(6) The Council shall refer any development application for the demolition of a heritage item or a building, work, relic or place in a Heritage Conservation Area to the Heritage Council and shall have regard to any written views of the Heritage Council received by the Council within 28 days of the referral.

(7) Sub-clause (6) does not apply to the partial demolition of a heritage item or a building, work, relic or place within a Heritage Conservation Area if, in the opinion of the Council, the partial demolition is of a minor nature.

(8) A person may, with the consent of the Council, carry out development for the purposes of bed and breakfast in a dwelling house listed in Schedule 2 to Blue Mountains Local Environmental Plan 1991 that is situated on land to which this plan applies.

58A Protected Areas

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

(a)

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

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

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

(b)

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

(ii) To limit the presence of buildings and works in the escarpment area and to limit the impact of buildings on the perception of the escarpment as a significant natural feature.

(iii) To limit the proportion of hard surfaces in the escarpment area and to provide for the restoration of all degraded areas and their return to a natural habitat.

(c)

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

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

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

Environmental Constraint Area

Escarpment Area

Water Supply Catchment Area

(3) In this clause:
"storey" is any separate floor within a building, but does not include:

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

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

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

(a) The Council shall not consent to development in a Protected Area-Environmental Constraint Area, unless it is satisfied, by means of a detailed environmental assessment, that the development will not compromise the objectives of the Protected Area.

(b)

(i) The Council shall not consent to any development involving the clearing of trees in an area designated as Protected Area-Escarpment Area, unless it is satisfied, by means of an assessment of the landscape and environmental impact of the proposed development, that the visual and ecological effects of the proposed clearing will not compromise the Protected Area-Escarpment Area objective.

(ii) No building, other than of single storey construction, shall be erected in a Protected Area-Escarpment Area if it protrudes above the vegetation canopy of the immediate locality, or the height of adjacent buildings.

(c)

(i) The Council shall refer any development application for land within a Protected Area-Water Supply Catchment Area to the Water Board and shall include in any determination in respect of that application any written requirements of the Board relating to the development received by the Council. Any development consent must include a provision which requires that satisfactory arrangements be made with the Water Board for the provision of water and sewerage facilities.

(ii) Within a Protected Area-Water Supply Catchment Area, the Council shall not consent to any development that requires effluent disposal unless the development is to be connected to a reticulated sewerage system.

(iii) The Council may grant development consent for the erection of a dwelling house served by an effluent pump-out system on a lot that existed at the appointed day where the sewer is not available. This provision does not extend to dual occupancy.

(c) by omitting Schedule 6.