Blue Mountains City Council


LEP 2015

Welcome to the Blue Mountains Local Environmental Plan 2015 written document
LEP 2015 has been prepared in response to the State Government's requirement for all NSW Councils to conform to the Standard Instrument Order 2006 (also known as the “Standard Instrument Local Environmental Plan').
LEP 2015 can be found HERE and contains seven parts and six schedules. These are:
Part 1 – Preliminary
This part sets out the name of the plan, the date of commencement, aims of the plan, where the plan applies, definitions, maps and other consent considerations.
Part 2 – Permitted or prohibited development
Nineteen (19) land-use zones have been used in the LEP 2015 from the prescribed list of thirty five (35) zones included in the Standard LEP Template. The Land Use Table, in Part 2, provides objectives and permitted and prohibited uses.
Part 3 – Exempt and complying development
This sets out the conditions by which exempt and complying development can be carried out. Land uses nominated for exempt or complying development are listed in Schedules 2 and 3 respectively.
Part 4 – Principal development standards
These are clauses that regulate development through a number of principal development standards and include:
  • Minimum subdivision lot size
  • Minimum subdivision lot size for community title schemes
  • Minimum subdivision lot size for strata plan schemes in certain rural and environmental protection zones.
  • Minimum lot size for dual occupancies
  • Exceptions to minimum subdivision lot sizes for certain residential development
  • Subdivision of land in recreation zones for public purposes
  • Subdivision of land in Environmental Protection zones
  • Cluster housing on land in certain environmental protection zones
  • Lot consolidation in certain environmental zones
  • Rural subdivision
  • Height of buildings
  • Exceptions to the maximum floor pace ratio and height of buildings
  • Floor space ratio
  • Site coverage and landscaped area
  • Principal development area
  • Calculation of floor space ratio and site area
  • Exceptions to development standards
Many of these clauses have associated maps that specify a numerical value of a particular development standard - e.g., the maximum building height in different locations within the LGA.
Part 5 – Miscellaneous provisions
This part includes some mandatory clauses that address a range of issues, including some administrative or procedural matters, and mandatory requirements for heritage management. Provisions include:
  • Relevant acquisition authority
  • Classification and reclassification of public land
  • Development near the zone boundaries
  • Controls relating to miscellaneous permissible uses e.g. bed and breakfast, home business
  • Conversion of fire alarms
  • Preservation of trees or vegetation
  • Heritage conservation
  • Bush fire hazard reduction
  • Infrastructure development and use of existing buildings of the Crown
  • Eco-tourist facilities
Part 6 – Additional local provisions
This part includes local clauses providing for the management of issues specific to the Blue Mountains and includes the following:
  • Impact on environmentally sensitive land
  • Assessment of certain environmentally sensitive land
  • Terrestrial biodiversity
  • Protected area—slope constraint area
  • Protected area—landslide risk
  • Protected area—vegetation constraint area
  • Protected area—ecological buffer area
  • Protected area—riparian lands and watercourses
  • Stormwater management
  • Flood planning
  • Floodplain risk management
  • Protected area—escarpment
  • Protected area—land between towns
  • Earthworks
  • Bush rock removal
  • Significant extractive resources
  • Consideration of character and landscape
  • Period housing area
  • Design excellence
  • Active street frontages
  • Sustainable resource management
  • Incentives for providing affordable rental housing
  • Essential services
  • Council infrastructure development
  • Dwelling houses on land in Zone E2
  • Shops in Zones B1 and B2
  • Drive-through take away food and drink premises
  • Rural and nature-based tourist facilities
  • Short-term rental accommodation
  • Horticulture in Zone E3
  • Location of sex services premises
Part 7 – Locality management within the villages
These controls specify Council’s objectives for locality management within the Blue Mountains for specific precincts in the following towns and villages:
  • Blackheath
  • Blaxland
  • Glenbrook
  • Hazelbrook
  • Katoomba
  • Lawson
  • Leura
  • Medlow Bath
  • Mount Victoria
  • Springwood
  • Wentworth Falls
  • Winmalee
Specific development standards for each of these precincts are located in the Blue Mountains DCP 2015 (Link to come).
The LEP contains Six (6) schedules as follows:
  • Schedule 1 - Additional permitted uses (allows additional uses on certain land where an activity may be prohibited)
  • Schedule 2 - Exempt development (this schedule is blank)
  • Schedule 3 - Complying development (this schedule is blank)
  • Schedule 4 - Classification and reclassification of public land (this schedule is blank)
  • Schedule 5 - Environmental heritage (list of heritage items
  • Schedule 6 - Significant vegetation communities
  • Dictionary - The Dictionary provides definitions for land uses and other terms used in the LEP 2015. The definitions are standardised and cannot be added to or altered.
Land Use Matrix
The standard Land Use Matrix helps you work out what land uses may be carried out in each of the land use zones that apply under LEP 2015. The matrix also shows you the land uses that are permitted under State Environmental Planning Policies (SEPPs). Please note that the matrix is a guide only, and it is not a substitute for the zoning tables contained in the LEP 2015 or the land uses that are permitted under relevant SEPPs.