Breadcrumb Trail
You are here: Sustainable Living > Local Environmental Plans > LEP 2005 Written Instrument
Downloads
- LEP 2005: Table of Contents (as at 29/2/08) ( 187.3kb)
- LEP 2005: Part 1 (as at 1/1/08) ( 119.8kb)
- LEP 2005: Part 2 (as at 22/05/09) ( 1,760.6kb)
- LEP 2005: Part 3 (as at 15/12/08) ( 241.4kb)
- LEP 2005: Part 4 (as at 15/12/08) ( 145.9kb)
- LEP 2005: Schedule 1 (as at 22/05/09) ( 2,171.5kb)
- LEP 2005: Schedule 2 (as at 7/10/05) ( 365.1kb)
- LEP 2005: Schedule 3 (as at 7/10/05) ( 319.1kb)
- LEP 2005: Schedule 4 (as at 29/2/08) ( 436.8kb)
- LEP 2005: Schedule 5 (as at 7/10/05) ( 2,139.7kb)
- LEP 2005: Schedule 6 (as at 29/2/08) ( 1,933.0kb)
- LEP 2005: Schedule 7 (as at 22/05/09) ( 50.0kb)
- LEP 2005: Schedule 8 (as at 12/05/06) ( 566.0kb)
- LEP 2005: Dictionary (as at 22/05/09) ( 1,545.9kb)
- LEP 2005: Endnote (as at 22/05/09) ( 75.0kb)
LEP 2005 - Written Instrument
Welcome to the Blue Mountains Local Environmental Plan 2005 written document
LEP 2005 is a "place-based plan" and works closely with the maps. Once you are familiar with how the maps apply to the land you are interested in, you will be well on your way to finding those parts, divisions and clauses of the plan that are relevant to you.
We suggest you start with the main body of the written instrument, as this is the hub around which the entire plan operates. Importantly, the clauses in the main body tell you exactly which schedules apply. If you are considering printing your own version of the plan, the document should be downloaded to your computer first as most of the files are large and will take time to be produced in Adobe Reader.
Legal Structure of the Plan
While we have made every effort to present LEP 2005 in a clear "plain English" style, it is required to observe certain legal protocols. As LEP 2005 is a statutory instrument, it must present provisions in a legally correct and unambiguous way. Just like all legislation gazetted in New South Wales, the plan is required to adopt a formal legal structure.
Without such a legal structure, it would be almost impossible to arrange all the provisions of the plan in a meaningful or logical way. You'll see that the structure of LEP 2005 has been custom-made for the Blue Mountains. To begin with, it aims to be mirror (as much as possible) the project development and assessment processes - this helps you to find out key information as you need it. We've developed this format with the assistance of the Parliamentary Counsel's Office and as you’ll see, it has been developed to complement the web-site and other electronic formats like the one you are using.
The plan adopts the conventional hierarchy of
- Parts (e.g. Part 3 Assessing the site and environmental context)
- Divisions (e.g. Division 2 Protecting the natural environment)
- Clause (e.g. 43 Environmental Impact)
- Sub-clause (e.g. (5) Impact on the National Park)
However, it is to be noted that most sub-clauses do not have bold headings.
Although the numbers of the Parts and Divisions are self explanatory, a quick word about the numbering of clauses may assist. Where there is only one sub-clause, it is usual to dispense with the sub-clause number. An example of this can be seen by comparing Clause 10 (Aim of the Plan) with clause 11 (Ecologically Sustainable Development) within Part 1 of the plan.
At each of the levels of Parts, Divisions and Clause, LEP 2005 goes from the "general" to the "specific" wherever possible. That is, those components of the plan that have a more general application often appear first.
Part 1 Preliminary provides information on the administration and operation of LEP 2005 and the planning principles on which the plan is based.
Part 2 Locality Management contains the locality provisions, zone objectives and indicat