Amendment 24 to Blue Mountains Local Environmental Plan 2015 FAQs

A Local Environmental Plan 2015 (LEP) is a statutory document that dictates how land can be used and developed. It outlines the objectives, zones and standards for land use ensuring that development is environmentally sustainable and compatible with the local environment.

A Planning Proposal is a formal document requesting to amend a Local Environmental Plan (LEP). This document can be prepared by a council, a landowner or developer seeking to change the planning controls that relate to a particular site or area. It explains intended outcomes, identifies and assesses the potential impacts that the changes to the LEP may have and provides justifications for making the LEP.

This planning proposal seeks to amend Blue Mountains Local Environmental Plan 2015 (LEP 2015) to introduce a complying development pathway for secondary dwellings within the footprint of an existing principal dwelling in the C4 Environmental Living and C3 Environmental Management zones. 

A similar pathway is provided within the State Environmental Planning Policy – Housing (Housing SEPP) for the residential zone. It is proposed to replicate these provisions within Blue Mountains LEP 2015 for certain conservation zones.  

Complying development is a fast-tracked, combined planning and construction approval process in NSW for straightforward, low-impact development. If the proposal meets specific development standards, it can be assessed and determined by a council or registered certifier without the need for a full development assessment.

No - garages, sheds and other outbuildings will not be able to be converted through the proposed complying development pathway. The proposed development standards will specify that the secondary dwelling will need to be located within the footprint of an existing dwelling and not involve the conversion of a garage.

To use the proposed complying development pathway, you will need to demonstrate that your land has a bushfire attack level (BAL) of 29 or less. This is consistent with state policies and the NSW Rural Fire Services document Planning for Bushfire Protection.

Following public exhibition, Council planning staff will consider any submissions received and prepare a report for consideration at a meeting of Council. The report will include recommendations that Council either proceed with the proposed amendments to Blue Mountains LEP 2015 as exhibited, or with amendments as may arise from submissions received. Once endorsed by the Council, the planning proposal will be submitted to the Department of Planning, Housing and Infrastructure for finalisation.