Why is Council preparing a new LEP?

The new DLEP 2013 has been prepared in response to the State Government’s requirement for all NSW Councils to prepare a LEP in accordance with the Standard Instrument (Local Environmental Plans) Order 2006 (also known as the ‘Standard LEP template’).

The Standard LEP Template sets out the format and general content to be used for all LEP’s in NSW. The format includes a series of mandatory provisions that can be simultaneously and uniformly updated by the State Government for all LEPs across NSW. It identifies standard zones and zone objectives and specifies permitted and prohibited uses in zones, and identifies compulsory and optional provisions. Council may add other provisions which are relevant to local planning issues.

How will the new LEP affect me?

The zoning of your land has a new name and the permitted land uses may have changed. In addition some of the clauses within DLEP2013 have also changed. Clauses and land use names in black text are compulsory under the Standard Instrument template, red text optional and the green text are Councils local provisions.

In many cases the changes are minor as the draft LEP is as close a translation of the existing LEPs as possible or a ‘best fit’ to achieve current planning results. In some cases where the land use zone has changed (e.g. from rural to environmental) the permissible and prohibited uses may have changed. You may be affected where the proposed draft LEP makes a change to what can or cannot be done on or near your land. To find out more information on your land, view Councils interactive maps available on the website.

How do I make a submission?

The DLEP 2013 is on exhibition until the 5 March 2014. During the exhibition period anyone can make a submission. The exhibition period is a time to let Council know what you think of the draft LEP controls (e.g. in support, opposition or neutral) and provide any feedback on possible alternative approaches or options. Helpful hints for writing a submission are available in Fact Sheet 8 on ‘How to make a Submission’.

You can make a submission by:

Submissions must be made in writing clearly stating matters of relevance and quoting reference number F08616 and marked ‘Blue Mountains Draft Local Environmental Plan 2013’.

Council will send an acknowledgement of receipt of each submission received either by letter or email, according to the manner of submission.

Council asks you to supply your name and address, however the supply of such information is optional. If you choose to remain anonymous, your submission may be given less or no weight in the overall consideration of the matter.

Please be aware that following the exhibition, all submissions received will be displayed for public viewing on Council’s Have Your Say website at bluemountainshaveyoursay.com.au/draftlep2013

Submissions must be made in writing and must be received by Council before 5.00 pm  on the 5 March 2014.

All submissions will be uploaded unaltered. Only those submissions that request the name and address of the submitter to be withheld will be marked as private and duly edited to withhold such information.

Council will review and consider all submissions prior to finalising the plan.

How do I read the Maps?

There are 41 maps that cover the Blue Mountains LGA with up to 18 different themes such as Land Zoning and Heritage. The DLEP 2013 maps can be viewed as individual PDFs or by using an interactive PDF tool for the localities and also through Council's Interactive Maps Application.

DLEP 2013 Maps are broken into 6 tiles (or sheets) at varying scales. Please refer to Fact Sheet 9- Mapping for further information.

  • You can use the Individual PDF Maps as follows;

1.  Determine which first level tile number covers your property (ie. 001 to 006)

2.  Determine if a second level tile number covers your property (eg. 005B, 005C 005D, 005E etc)

3.  Determine if a third level tile number covers your property (eg. 005BA)

(As an example, the shops at Lawson are located within the 1: 80,000 tile of 005 and then within a second level tile of 1:20,000 of 005B and then further again into third level tile of 1:10,000 of 005BA.)

4.  Once you have determined the tile numbers that cover your property (eg. Lawson shops area is covered in tiles 005BA) these numbers will be the same for the property on all map sheets.

5.  Using these tile numbers, select the map sheets you are interested in. Map Sheets cover a range of issues including: land zoning, heritage and floor space ratio.

1. Choose a locality of interest and then look at the maps that apply individually or you can use them in combination- layered up.

How can I find out what my property will be zoned?

Zones are prescribed under the Standard Instrument Template and Council has generally applied the zone equivalent to that which applies under its current LEPs.

In addition, Council has proposed a new zone R6 Residential Conservation that will apply to all areas previously zoned Living Conservation under LEP 2005. This zone does not presently exist within the Standard Instrument Template so its inclusion will require a legislative change to the Standard Instrument Order.

For an overview of the zone comparison between the current LEPs and the new Draft LEP please see the 'Zone Comparison Table' located in the Library.

To find out your property zoning access Council's Interactive Maps Application which allows you to search for an individual property by address or parcel detail. Once your property is selected you can choose the DLEP 2013 Land Use Zone Map.

What is a Land Use Matrix?

A Land Use Matrix has been provided to assist in working out which land uses may be carried out in each of the zones in the Blue Mountains under the public exhibited Draft Local environmental Plan (DLEP 2013). Zoning is used to categorise land and how it can be used. For more information on zoning please refer to Fact Sheet 10 'Land Use Zones'.

The matrix indicates the proposed uses that are either permitted with development consent from Council, without consent of Council, or prohibited. The Matrix also shows land uses that, by law, Council cannot change (shown in black text) and land uses where Council is able to decide whether the use should be permitted without development consent from Council, permitted with development consent from Council, or prohibited (shown in red text). It also shows land uses that are permitted under some of the State Environmental Planning Policies (SEPPs) that apply to our city and over-ride our existing LEPs and DLEP 2013.

Is my privacy protected?

Council is subject to the Government Information (Public Access) Act 2009 (the GIPA Act) and the Privacy and Personal Information Protection Act 1998 (the PPIP Act). Information is collected and held in accordance with those Acts.

Please be aware that all submissions received will be displayed for public viewing on Council’s 'Have Your Say' website at bluemountainshaveyoursay.com.au/draftlep2013 All submissions will be uploaded unaltered. Only those submissions that request the name and address of the submitter to be withheld will be marked as private and duly edited to withhold such information.

Council asks that you include your name and address in your submission. However, the supply of such information is voluntary. You may choose to remain anonymous. Anonymous submissions may be given less or no weight in the overall consideration of the matter. You can find more information about how Council collects and uses your information on our website at http://www.bmcc.nsw.gov.au/yourcouncil/accesstoinformation

What happens following the exhibition of the DLEP 2013?

Following the completion of the public exhibition period all submissions will be acknowledged and considered in a report which will go to a Council Meeting, including any proposed changes. Council may decide to make amendments to DLEP 2013 and if the amendments do not require further exhibition the amended plan will be finalised and forwarded to the Department of Planning and Infrastructure (DoPI) for Ministerial approval.

The DoPI have advised that they may make changes to the DLEP 2013 to satisfy legal requirements and model clauses.

Finally, with the Minister’s approval the plan becomes law and is published on the NSW legislation website.