Blue Mountains City Council

LEP 2005

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 indicates the permissibility of land uses.

Part 3 Assessing the site and environmental context contains some of the key considerations for development within the Blue Mountains. Starting with site analysis and planning, this part focuses on protecting the natural environment, responding to the character and landscape setting, conserving heritage and assessing hazard and risk (including bushfire, land subject to inundation, crime prevention, etc.).

Part 4 Considerations for development contains the general provisions relating to subdivision, services and infrastructure, vehicular access, parking and roads, privacy, energy efficiency and equity of access and housing choice. It then moves on to more specialised provisions that apply to certain developments like accessible housing and other specific land uses, before concluding with provisions relevant to the management of public land and infrastructure.

How to use LEP 2005 – A step-by-step guide...

Step One: check all three Map Panels (Panel A, Panel B, Panel C) and make note of the all the relevant zones, precincts, provisions, protected areas, heritage, or special use designations applying to the land.

Also make note where the land may be subject to another plan (e.g. LEP 1991 or LEP 4). In such cases, you should refer to the relevant plan rather than LEP 2005. In limited situations, some land may be subject to more than one plan (e.g. LEP 1991 and LEP 2005). In such cases, it will depend on where the development is taking place on the land as to which plan applies (i.e. LEP 1991 or LEP 2005, seldom both).

How the Zones work
The zones on Map Panel A use different colours to show where they apply. The legend will assist you in determining which zones apply to an area of land. A property can have more than one zone, so you should note all the zones that are shown on the property.

 

How the Precinct Codes work
The precinct codes are designed to give you the key information you need quickly. This is how they work: for example your precinct code is VTC-SP01, then VTC stands for Village–Town Centre zone, SP stands for Springwood and the precinct is the first (01) of the precincts within the Village–Town Centre zone of Springwood. Every precinct code works exactly the same way.

How the Provisions work
The provisions on Map Panel A use different cross-hatching, borders, or annotations to show where they apply. The legend will assist you in determining which provisions apply to an area of land. Controls for the provisions are set out in Parts 2 and 4 of LEP 2005.

How the Protected Areas work
The protected areas on Map Panel B use different colours, cross-hatching, borders or annotations to show where they apply. The legend will assist you in determining which protected areas apply to an area of land. Controls for protected areas are set out in Part 3 of LEP 2005.

How the Heritage Items, Heritage Conservation Areas, and Special Use designations work
Heritage Items, Heritage Conservation Areas, and Special Use designations on Map Panel C use different colours, cross-hatching, borders, or annotations to show where they apply. The legend will assist you in determining which heritage items, heritage conservation areas, or special uses apply to an area of land. Heritage items and Heritage Conservation areas are also distinguished by a unique number (e.g. K159). This unique number is also shown in the Schedule 6 (Heritage) to allow you to identify the property on the maps. Controls for heritage conservation are set out in Part 3 of LEP 2005.

Special uses are shown by different colours for the types of special use. Controls for special uses are set out in Part 4 of LEP 2005.

Step Two: check the locality provisions for your zone and then go directly to the relevant schedule below.

Schedule 1: Locality management within the villages (Go to Step Three)

Schedule 2: Locality management within the living zones (Go directly to Step Five)

Schedule 3: Locality management within the employment zones (Go directly to Step Five)

Schedule 4: Locality management within the recreation zones (Go directly to Step Five)

 

Step Three: Go to the relevant village. This only applies to development in the Village zones. Most other zones do not have precinct controls:

Part 1: Mount Victoria Village

Part 2: Blackheath Village

Part 3: Medlow Bath Village

Part 4: Katoomba Village

Part 5: Leura Village

Part 6: Wentworth Falls Village

Part 7: Lawson Village

Part 8: Hazelbrook Village

Part 9: Springwood Village

Part 10: Winmalee Village

Part 11: Blaxland Village

Part 12: Glenbrook Village

If your village is not listed above, go to Part 13: Other Blue Mountains Villages

 

Step Four: Go to the precinct for the detailed controls that apply to that precinct. You will not have to refer to other precincts for further controls.

To help in finding a precinct (particularly in the larger villages like Katoomba) it’s useful to know that the plan always maintains the village zones in the following order:

Village–Town Centre (VTC)
Village–Neighbourhood Centre (VNC)
Village–Tourist (VT)
Village–Housing (VH)
Most of the villages do not have each of these zones

 

Step Five: Check the other schedules that may apply to your development:

Schedule 5: Significant vegetation communities

Schedule 6: Heritage

Schedule 7: Classification and reclassification of public land as operational land

Schedule 8: Additional land uses

 

Step Six: Take a look at the Dictionary for definitions of terms used in this Plan.

 

Step Seven: Take a look at the Endnote page for Government Gazetted Amendments to this Plan.

 


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