Draft Amendment 11 to Blue Mountains Local Environmental Plan 2015

Council has prepared a planning proposal to amend certain clauses in LEP 2015 and on 19 October 2018 the Department of Planning issued a conditional Gateway Determination meaning Council can proceed with the community consultation of Amendment 11.

The changes proposed are:

• Amending clause 6.25 Dwelling houses and ancillary development on land in zone E2 Environmental Conservation.

The objective of this amendment is to make twofold minor changes to reinstate provisions and outcomes that were present in LEP 1991 and LEP 2005. The two amendments to this clause are: To clarify that the benefits provided by this clause apply to one parcel of land only; and to include additional flexibility for certain ancillary development.

• Removal of sunset requirements for site restoration.

This amendment applies to the listing in Item 4 in Schedule 1 for Use of certain land at 132-158 Grose Road, Faulconbridge by amending sub-clause 3. Sub-clause 3 requires that the mining and restoration plan for the site be prepared and substantially completed within 2 years of the commencement of LEP 2015 and Council proposes removing the 2 year time restriction only.

• Adding fences as Exempt development (Schedule 2)

This is a new provision Council is proposing to include permitting fences on land in zone E4 Environmental Living as exempt development, when consistent with the prescribed requirements. The intention of the proposed clause is to reduce confusion for the community, reinstate a provision which existed until recently and remove unnecessary regulatory burden on property owners and the Council.

• Adding rainwater tanks (above ground) as Exempt development (Schedule 2)

This is a new provision Council is proposing to include permitting rainwater tanks (above ground) on land in zone E4 Environmental Living as exempt development when consistent with the prescribed requirements. The intention of the proposed clause is to remove unnecessary regulatory burden on both property owners and Council.

The proposed inclusion of fences and rainwater tanks (above ground) replicates provisions in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) and extends the provision to land in zone E4 Environmental Living. Should the Department of Planning amend the Codes SEPP to include the provisions as noted, the above clauses will not be included in LEP 2015.

The Fact Sheet, available on the right, summarises the proposal and answers frequently asked questions.

The community consultation of draft Amendment 11 is for a period of 14 days concluding on Wednesday 19 December 2018.

Submissions may be lodged by:

• Using the online submission form at the link below.
• By email at council@bmcc.nsw.gov.au
• In writing to the General Manager, Blue Mountains City Council, Locked Bag 1005, Katoomba NSW 2780.
• Hand delivered to either Katoomba or Springwood Council offices.

Please include Submission to Amendment 11 to LEP 2015 in your heading.

The consultation period concludes on Wednesday 19 December 2018 and submissions must be received by this date.

The Gateway Determination conditionally authorises Blue Mountains City Council as the local plan-making authority to exercise its functions under section 3.36(2) of the Environmental Planning and Assessment Act 1979.

Further questions?

If you have any questions in regard to this matter, please do not hesitate to contact Erica Duffy in Council’s Land Use Planning Team on 02 4780 5000.