Blue Mountains City Council


Deferred Matters from LEP 2015

What are deferred matters?
While LEP 2015 is intended to consolidate and replace all the LEPs currently operational in the Blue Mountains, a number of properties across the Blue Mountains will continue to operate under the provisions and controls of earlier LEPs for a period of time.
These sites generally include land zoned Living Conservation under LEP 2005 (proposed to be R6 Residential Character Conservation under DLEP 2013), land requiring mapping changes to be addressed, or other land identified as requiring further review. The technical name for this action is deferral.
How will I know which LEP applies to my land?
As already stated, the majority of land in the Blue Mountains will fall under LEP 2015. For those whose property is deferred, Council provided written notification in March 2015 of this status, detailing what it means.
The LEP applying to your property can be found through Council’s Interactive Mapping Tool here. At this point in time the Interactive Mapping Tool will only show whether a property is in LEP 2015 (and what zone applies) or if it is a Deferred Matter. This information can be found at the bottom of the Info Page that is called up for a property. 
These properties are referred to also as ‘Deferred Matter’ (shown as DM) on the LEP map entitled ‘Land Application’ here.
What does it mean if my land is deferred from LEP 2015?
Development on land deferred out of LEP 2015 will continue to be controlled and guided by the current relevant LEPs and DCPs that apply to your land. This will continue to be case until identified mapping anomalies and required reviews have been addressed; and in the case of land zoned Living – Conservation, until a decision is made on the future zoning of that land. Council will provide additional notification to affected properties as each of these processes occur.
Land deferred from LEP 2015 generally falls into two categories:
  • Land zoned Living-Conservation under LEP 2005; and
  • Land deferred to carry out further review or a change to mapping
Deferred because zoned Living-Conservation under LEP 2005
A new character zone, the R6 Residential Character Conservation Zone, was proposed by Council to the Department of Planning in the new LEP to be equivalent to the Living Conservation zone under LEP 2005. All land zoned Living Conservation under LEP 2005 was publicly exhibited as this new R6 Residential Character Conservation Zone.
However, after the close of public exhibition, the Department of Planning advised Council that a decision on this new zone would not be made as part of the process of preparing the new LEP. This meant all land zoned Living Conservation under LEP 2005 would be deferred from the new LEP.
The Council has had constructive discussions with the State Government regarding the case for the R6 Residential Character Conservation zone. Once a resolution on the matter has been determined by the Department, Council will be in a position to formally advise all stakeholders, including property owners, as to a way forward. It is not anticipated that an outcome will be known for some time.
Deferred for further review or a change to mapping
A letter was sent to these properties in March 2015, which explained that certain land had been deferred from DLEP 2013, in order to carry out further review or to correct a mapping anomaly that had been identified in the final stages of the LEP preparation process. That correspondence also advised the land would be included in Draft Amendment 1 to LEP 2015.
As noted above, the start of LEP 2015 will therefore not apply to, nor will it affect, such land deferred from LEP 2015. These properties will retain their current zoning and any proposed development for such properties will continue to be assessed against the current relevant LEP and Development Control Plan (DCP). This circumstance will remain until such time as Draft Amendment 1 to DLEP 2015 (containing the land use provisions proposed to apply to these deferred properties) has been publicly exhibited and finalised.
When will Public Exhibition of Draft Amendment 1 to DLEP 2015 commence?
On 3 September 2015, Council received approval from the Department of Planning to proceed with public exhibition of Amendment 1 to LEP 2015, after LEP 2015 had been made. It is proposed that public exhibition of Draft Amendment 1 will commence as soon as possible after 15 February 2016, and this is currently anticipated to be around April 2016.
Prior to the commencement of public exhibition of Draft Amendment 1, all affected land owners will be notified in writing of the start and end dates of the exhibition period, the documents available for review, where to review documents, how to make a submission and the process following the exhibition period.
What is the status of Draft LEP 2013?
Draft LEP 2013, as publicly exhibited, will still need to be considered for any Development Applications on a Deferred Matter. This is because an exhibited draft LEP remains a consideration until the new LEP is adopted. When Deferred Matters are brought into LEP 2015, either through the introduction of a new zone (land zoned Living-Conservation under LEP 2005) or through Amendment 1 to LEP 2015, then DLEP 2013 will no longer need to be considered.
Please note that properties identified as Deferred Matters will continue to show all relevant DLEP 2013 maps in Council’s interactive mapping tool.