Blue Mountains Local Environmental Plan 2015

Part 1 Preliminary

1.1 Name of Plan

This Plan is Blue Mountains Local Environmental Plan 2015.

1.1AA Commencement

This Plan commences 8 weeks after the day on which it is published on the NSW legislation website.

1.2 Aims of Plan

(1)  This Plan aims to make local environmental planning provisions for land in the Blue Mountains in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

(2)  The particular aims of this Plan are as follows:

(a)  to maintain the unique identity and values of the “City within a World Heritage National Park”,

(b)  to provide a clear framework for the development of land that is consistent with, and promotes the principles and practices of, ecologically sustainable development,

(c)  to meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms,

(d)  to ensure that development does not result in adverse impacts on the values of the Greater Blue Mountains World Heritage Area,

(e)  to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains,

(f)  to identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains,

(g)  to preserve and enhance watercourses, groundwater, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney’s drinking water catchments,

(h)  to prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure,

(i)  to limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts,

(j)  to identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains,

(k)  to promote the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community,

(l)  to ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services,

(m)  to provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values,

(n)  to conserve the rural and natural landscape of Megalong Valley, the Mounts, Sun Valley and Shipley Plateau and maintain agricultural capability,

(o)  to ensure that the siting and design of new buildings, facilities and structures intended primarily for public use make reasonable provision for safe and comfortable access to those buildings, facilities and structures for all people, including older people, people with a disability and those with limited mobility,

(p)  to integrate development with transport systems and promote safe and sustainable access opportunities, including public transport initiatives, walking and cycling.

1.3 Land to which Plan applies

(1)  This Plan applies to the land identified on the Land Application Map.

(1A)  Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

1.4 Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5 Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6 Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7 Maps

(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:

(a)  approved by the local plan-making authority when the map is adopted, and

(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)    (Repealed)

(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note—

The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8 Repeal of planning instruments applying to land

(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

1.8A Savings provision relating to development applications

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note—

However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

1.9 Application of SEPPs

(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.

(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:

State Environmental Planning Policy No 1—Development Standards

1.9A Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  This clause does not apply:

(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Plan are as follows:

Rural Zones

RU2 Rural Landscape

RU4 Primary Production Small Lots

Residential Zones

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B7 Business Park

Industrial Zones

IN1 General Industrial

IN2 Light Industrial

Special Purpose Zones

SP1 Special Activities

SP2 Infrastructure

SP3 Tourist

Recreation Zones

RE1 Public Recreation

RE2 Private Recreation

Environment Protection Zones

E1 National Parks and Nature Reserves

E2 Environmental Conservation

E3 Environmental Management

E4 Environmental Living

Waterway Zones

W1 Natural Waterways

cl 2.1: Am 2018 (722), Sch 1 [1].

2.2 Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3 Zone objectives and Land Use Table

(1)  The Land Use Table at the end of this Part specifies for each zone:

(a)  the objectives for development, and

(b)  development that may be carried out without development consent, and

(c)  development that may be carried out only with development consent, and

(d)  development that is prohibited.

(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)  In the Land Use Table at the end of this Part:

(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)  This clause is subject to the other provisions of this Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.

3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

4 Clause 2.6 requires consent for subdivision of land.

5 Part 5 contains other provisions which require consent for particular development.

2.4 Unzoned land

(1)  Development may be carried out on unzoned land only with development consent.

(2)  In deciding whether to grant development consent, the consent authority:

(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5 Additional permitted uses for particular land

(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out:

(a)  with development consent, or

(b)  if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6 Subdivision—consent requirements

(1)  Land to which this Plan applies may be subdivided, but only with development consent.

Notes—

1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , the Act enables it to be carried out without development consent.

2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development .

(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7 Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8 Temporary use of land

(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)  Development consent must not be granted unless the consent authority is satisfied that:

(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

Land Use Table

Note—

A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:

State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

State Environmental Planning Policy No 33—Hazardous and Offensive Development

State Environmental Planning Policy No 50—Canal Estate Development

State Environmental Planning Policy No 64—Advertising and Signage

State Environmental Planning Policy (Primary Production and Rural Development) 2019

Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (722), Sch 1 [2]; 2019 (137), Sch 6 [1].

Zone RU2   Rural Landscape

1 Objectives of zone

•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

•  To maintain the rural landscape character of the land.

•  To provide for a range of compatible land uses, including extensive agriculture.

2 Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home industries; Intensive plant agriculture; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Stock and sale yards; Veterinary hospitals; Water storage facilities

4 Prohibited

Any development not specified in item 2 or 3

Zone RU4   Primary Production Small Lots

1 Objectives of zone

•  To enable sustainable primary industry and other compatible land uses.

•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

•  To minimise conflict between land uses within this zone and land uses within adjoining zones.

•  To ensure that development is compatible with the rural and natural landscape and heritage of the Megalong Valley.

•  To retain the low density of rural settlement and ensure that development does not create unreasonable, uneconomic or environmentally damaging demands for the provision of services.

2 Permitted without consent

Environmental protection works; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Depots; Dwelling houses; Eco-tourist facilities; Environmental facilities; Exhibition homes; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Helipads; Home-based child care; Home industries; Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water storage facilities

4 Prohibited

Any development not specified in item 2 or 3

Zone R1   General Residential

1 Objectives of zone

•  To provide for the housing needs of the community.

•  To provide for a variety of housing types and densities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To ensure that building form and design does not unreasonably detract from the amenity of adjacent residents or the existing quality of the environment due to its scale, height, bulk or operation.

•  To enhance the traditional streetscape character and gardens that contribute to the attraction of the area for residents and visitors.

•  To provide opportunities for the development of a variety of tourist-oriented land uses within a predominantly residential area.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Function centres; Group homes; Home-based child care; Hostels; Hotel or motel accommodation; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture

4 Prohibited

Any development not specified in item 2 or 3

Zone R2   Low Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To promote residential development in locations that are accessible to services and facilities.

•  To ensure that development maintains and improves the character of residential areas in a manner that minimises impacts on existing amenity and environmental quality.

•  To allow a range of non-residential land uses that are consistent with the predominant scale and height of adjoining buildings and do not unreasonably detract from the amenity of adjacent residents.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Hospitals; Hostels; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture

4 Prohibited

Any development not specified in item 2 or 3

Zone R3   Medium Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a medium density residential environment.

•  To provide a variety of housing types within a medium density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To consolidate residential opportunities in accessible localities within close proximity to commercial centres and railway stations.

•  To ensure that residential development contributes to the streetscape and has a scale and character that is consistent with adjoining residential land uses and minimises any adverse impact on the amenity of residents.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

Zone B1   Neighbourhood Centre

1 Objectives of zone

•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

•  To ensure that development contributes to the creation of a distinct village identity.

•  To ensure that non-residential uses are compatible with residential uses and do not unreasonably affect residential amenity as a result of factors such as operating hours, noise, loss of privacy and pedestrian and vehicular traffic.

•  To promote high quality urban design of built forms.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Boarding houses; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Dwelling houses; Entertainment facilities; Exhibition homes; Flood mitigation works; Function centres; Garden centres; Group homes; Hardware and building supplies; Health consulting rooms; Home-based child care; Hostels; Information and education facilities; Kiosks; Landscaping material supplies; Markets; Medical centres; Mortuaries; Neighbourhood shops; Neighbourhood supermarkets; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Respite day care centres; Restaurants or cafes; Roads; Shop top housing; Shops; Take away food and drink premises; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

Zone B2   Local Centre

1 Objectives of zone

•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

•  To promote the unique character of each of the towns and villages of the Blue Mountains.

•  To maintain the economic viability of the towns and villages of the Blue Mountains.

•  To promote high quality urban design of built forms.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Exhibition homes; Flood mitigation works; Function centres; Home-based child care; Hostels; Information and education facilities; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Secondary dwellings; Seniors housing; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

Zone B7   Business Park

1 Objectives of zone

•  To provide a range of office and light industrial uses.

•  To encourage employment opportunities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Electricity generating works; Entertainment facilities; Flood mitigation works; Food and drink premises; Freight transport facilities; Function centres; Garden centres; General industries; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sewerage systems; Sex services premises; Specialised retail premises; Storage premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

Zone IN1   General Industrial

1 Objectives of zone

•  To provide a wide range of industrial and warehouse land uses.

•  To encourage employment opportunities.

•  To minimise any adverse effect of industry on other land uses.

•  To support and protect industrial land for industrial uses.

•  To ensure that industrial development incorporates measures to mitigate operational impacts from noise generation or pollution on the sensitive environment of the Blue Mountains.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Educational establishments; Entertainment facilities; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; General industries; Hardware and building supplies; Health services facilities; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sex services premises; Specialised retail premises; Storage premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

Zone IN2   Light Industrial

1 Objectives of zone

•  To provide a wide range of light industrial, warehouse and related land uses.

•  To encourage employment opportunities and to support the viability of centres.

•  To minimise any adverse effect of industry on other land uses.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

•  To support and protect industrial land for industrial uses.

•  To encourage the growth of emerging businesses, including those relating to information technology and cultural industries such as arts and design-based businesses and associated production.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Depots; Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Garden centres; Hardware and building supplies; Health consulting rooms; Home-based child care; Industrial retail outlets; Industrial training facilities; Information and education facilities; Light industries; Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture; Veterinary hospitals; Warehouse or distribution centres

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

Zone SP1   Special Activities

1 Objectives of zone

•  To provide for special land uses that are not provided for in other zones.

•  To provide for sites with special natural characteristics that are not provided for in other zones.

•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2 Permitted without consent

Nil

3 Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4 Prohibited

Any development not specified in item 2 or 3

Zone SP2   Infrastructure

1 Objectives of zone

•  To provide for infrastructure and related uses.

•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4 Prohibited

Any development not specified in item 2 or 3

Zone SP3   Tourist

1 Objectives of zone

•  To provide for a variety of tourist-oriented development and related uses.

•  To provide tourist development that is compatible with the environmental, scenic and landscape qualities of the area.

•  To enable other uses that complement tourist development without eroding the retail hierarchy of the local centres and villages.

•  To promote a high standard of urban design and amenity in a high-quality landscape setting.

•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Amusement centres; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Tourist and visitor accommodation

4 Prohibited

Any development not specified in item 2 or 3

Zone RE1   Public Recreation

1 Objectives of zone

•  To enable land to be used for public open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

•  To enhance the quality of life of residents and visitors and improve the amenity of the villages in the Blue Mountains through the provision and management of open space.

2 Permitted without consent

Environmental protection works; Home occupations

3 Permitted with consent

Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Function centres; Information and education facilities; Kiosks; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Water storage facilities

4 Prohibited

Any development not specified in item 2 or 3

Zone RE2   Private Recreation

1 Objectives of zone

•  To enable land to be used for private open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

•  To encourage the development of land in a manner that meets the private recreational needs of the community.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Information and education facilities; Intensive plant agriculture; Kiosks; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Water storage facilities

4 Prohibited

Any development not specified in item 2 or 3

Zone E1   National Parks and Nature Reserves

1 Objectives of zone

•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

•  To enable uses authorised under the National Parks and Wildlife Act 1974.

•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2 Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3 Permitted with consent

Nil

4 Prohibited

Any development not specified in item 2 or 3

Zone E2   Environmental Conservation

1 Objectives of zone

•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

•  To encourage land restoration works on disturbed bushland areas.

•  To restrict the development of private land that would be inappropriate because of physical characteristics or high bush fire hazards, but only where less restricted development is permitted elsewhere on the land due to split zoning.

•  To maintain biodiversity in the Blue Mountains.

2 Permitted without consent

Environmental protection works; Home occupations

3 Permitted with consent

Dwelling houses; Environmental facilities; Flood mitigation works; Oyster aquaculture; Roads

Note—

See clause 6.25 for development standards applying to dwelling houses in Zone E2 Environmental Conservation.

4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E3   Environmental Management

1 Objectives of zone

•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

•  To provide for a limited range of development that does not have an adverse effect on those values.

•  To protect the natural bushland buffer between towns, to avoid ribbon development and to conserve vistas of bushland obtained from public places and the Blue Mountains National Park.

•  To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for, and harmonise with, the bushland character of the area.

•  To encourage landscaping and regeneration of natural bushland in areas with sparse tree or canopy cover.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Camping grounds; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Farm stay accommodation; Flood mitigation works; Home-based child care; Home industries; Horticulture; Hotel or motel accommodation; Information and education facilities; Kiosks; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture; Veterinary hospitals; Water storage facilities

4 Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E4   Environmental Living

1 Objectives of zone

•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

•  To ensure that residential development does not have an adverse effect on those values.

•  To preserve and re-establish native bushland in those areas that exhibit a predominantly bushland character, where consistent with the protection of assets from bush fire.

•  To ensure that the form and siting of buildings are appropriate for, and harmonise with, the bushland character of the locality.

2 Permitted without consent

Environmental protection works; Home businesses; Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Home-based child care; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture; Water storage facilities

4 Prohibited

Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1   Natural Waterways

1 Objectives of zone

•  To protect the ecological and scenic values of natural waterways.

•  To prevent development that would have an adverse effect on the natural values of waterways in this zone.

•  To provide for sustainable fishing industries and recreational fishing.

2 Permitted without consent

Nil

3 Permitted with consent

Aquaculture; Environmental facilities; Environmental protection works; Flood mitigation works

4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3 Exempt and complying development

3.1 Exempt development

Note—

Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)  must be of minimal environmental impact, and

(b)  cannot be carried out in a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and

(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)  To be exempt development, the development:

(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)  must not be designated development, and

(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:

(a)  the building has a current fire safety certificate or fire safety statement, or

(b)  no fire safety measures are currently implemented, required or proposed for the building.

(5)  To be exempt development, the development must:

(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and

(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.

(6)  A heading to an item in Schedule 2 is part of that Schedule.

3.2 Complying development

(1)  The objective of this clause is to identify development as complying development.

(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with:

(a)  the development standards specified in relation to that development, and

(b)  the requirements of this Part,

is complying development.

Note—

See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)  To be complying development, the development must:

(a)  be permissible, with development consent, in the zone in which it is carried out, and

(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)  A heading to an item in Schedule 3 is part of that Schedule.

3.3 Environmentally sensitive areas excluded

(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)  For the purposes of this clause:

environmentally sensitive area for exempt or complying development means any of the following:

(a)  the coastal waters of the State,

(b)  a coastal lake,

(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,

(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause are as follows:

(a)  to ensure that lots are sized to support development permitted by this Plan,

(b)  to provide for a range of residential lot sizes and types based on land capability and the character of the locality,

(c)  to ensure that each lot created in a residential subdivision contains a suitable area for the erection of a dwelling house and an appropriate asset protection zone to protect the property from the threat of bush fire,

(d)  to prescribe limits to urban growth by restricting subdivision of land that has limited access to services, is environmentally sensitive or forms part of the urban bushland interface,

(e)  to ensure that lot sizes and dimensions result in the retention, where possible, of existing vegetation and that the layout and design of new lots, including access ways, is consistent with the character of the locality.

(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

(3B)  If a lot contains land in 2 or more zones, including land in Zone E2 Environmental Conservation, the area of land that is in Zone E2 Environmental Conservation is not to be included in calculating the lot size.

(3C)  Despite subclause (3), development consent may be granted for the subdivision of land to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if the subdivision is a realignment of boundaries that does not create an additional lot.

(4)  This clause does not apply in relation to the subdivision of any land:

(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

(b)  by any kind of subdivision under the Community Land Development Act 1989.

4.1AA Minimum subdivision lot size for community title schemes

(1)  The objectives of this clause are as follows:

(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:

(a)  Zone RU2 Rural Landscape,

(b)  Zone RU4 Primary Production Small Lots,

(c)  Zone R1 General Residential,

(d)  Zone R2 Low Density Residential,

(e)  Zone R3 Medium Density Residential,

(f)  Zone E3 Environmental Management,

(g)  Zone E4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause applies despite clause 4.1.

4.1A Minimum subdivision lot size for strata plan schemes in certain rural and environment protection zones

(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)  This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation:

(a)  Zone RU2 Rural Landscape,

(b)  Zone RU4 Primary Production Small Lots,

(c)  Zone E3 Environmental Management,

(d)  Zone E4 Environmental Living.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

4.1B Minimum lot sizes for dual occupancies

(1)  The objective of this clause is to achieve planned residential density in certain zones.

(2)  Development consent may be granted to development on a lot in a zone specified in the table to this clause for a purpose specified in the table if the area of the lot is equal to or greater than the area listed beside that zone in the table.

(3)  Despite subclause (2), development consent may be granted to development on a lot with an area of at least 720 square metres in a zone specified in the table for the purpose of a dual occupancy (attached) if the development will include one dwelling with a gross floor area not exceeding 100 square metres.

(4)  Land in a zone specified in the table may, with development consent, be subdivided for the purpose of a dual occupancy to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if:

(a)  development consent has been granted for the dual occupancy or a single development application proposes both the subdivision of the land and the erection of the dual occupancy on that land, and

(b)  each dwelling will be erected on a separate lot.

Column 1	Column 2	Column 3
Dual occupancy (attached)	Zone R1 General Residential	900 square metres
	Zone R2 Low Density Residential	900 square metres
	Zone R3 Medium Density Residential	900 square metres
	Zone B2 Local Centre	900 square metres
	Zone IN2 Light Industrial	900 square metres
Dual occupancy (detached)	Zone R1 General Residential	1,100 square metres
	Zone R2 Low Density Residential	1,100 square metres
	Zone R3 Medium Density Residential	1,100 square metres
	Zone B2 Local Centre	1,100 square metres
	Zone IN2 Light Industrial	1,100 square metres

4.1C Exceptions to minimum subdivision lot sizes for certain residential development

(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)  This clause applies to development on land in the following zones:

(a)  Zone R1 General Residential,

(b)  Zone R3 Medium Density Residential.

(3)  Development consent may be granted to a single development application for development to which this clause applies that is both of the following:

(a)  the subdivision of land into 3 or more lots,

(b)  if the size of each lot is at least 450 square metres—the erection of a dwelling house or an attached dwelling on each lot resulting from the subdivision.

4.1D Subdivision of land in recreation zones for public purposes

(1)  The objective of this clause is to enable the subdivision of land in recreation zones for public purposes.

(2)  Development consent must not be granted to the subdivision of land in Zone RE1 Public Recreation or Zone RE2 Private Recreation unless the consent authority is satisfied that the purpose of the subdivision is one or more of the following:

(a)  to provide the land for a public reserve, public road or other public purpose,

(b)  to provide public access to the land,

(c)  to differentiate between separate land uses, activities or management areas for which development consent has been granted,

(d)  to facilitate the consolidation of existing lots,

(e)  a realignment of boundaries that does not create an additional lot.

4.1E Subdivision of land in certain environment protection zones

(1)  The objectives of this clause are as follows:

(a)  to ensure that the subdivision of land in certain environment protection zones is consistent with a land capability assessment that identifies and conserves the ecological values of that land,

(b)  to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.

(2)  This clause applies to land in the following zones:

(a)  Zone E2 Environmental Conservation,

(b)  Zone E3 Environmental Management,

(c)  Zone E4 Environmental Living.

(3)  Development consent must not be granted to the subdivision of land to which this clause applies if any of the lots resulting from the subdivision will only contain land in Zone E2 Environmental Conservation unless any such lot is to be provided for a public reserve, public road or other public purpose.

(4)  Despite clause 4.1, development consent must not be granted to the subdivision of land in Zone E3 Environmental Management or Zone E4 Environmental Living unless the consent authority is satisfied that each lot resulting from the subdivision will contain land (other than environmentally sensitive land) that has an area of at least 750 square metres and is suitable for the erection of a dwelling house (a development space).

(5)  Subclause (4) does not apply to a subdivision of land that is:

(a)  a minor realignment of boundaries that does not create an additional lot, or

(b)  a reservation or dedication of land for creating or widening a public road or public reserve or for another public or environment protection purpose.

(6)  Despite clause 4.1, development consent may be granted for the subdivision of an original lot being land identified on the Lot Averaging Map in an area specified in the table to this subclause if the subdivision will not create a greater number of lots than the number resulting from multiplying the notional development area of the original lot (in hectares) by the number listed beside that land in the table.

Column 1	Column 2
Area A	1
Area B	2
Area C	3
Area D	4
Area E	5
Area F	8

4.1F Cluster housing on land in certain environment protection zones

(1)  The objective of this clause is to provide for the subdivision of land for cluster housing in certain environment protection zones.

(2)  Despite clauses 4.1 and 4.1E, development consent may be granted for the subdivision of land identified on the Lot Averaging Map in an area specified in the table to this subclause for the purpose of cluster housing if the number of lots resulting from that subdivision will not exceed the number calculated by multiplying the area (in hectares) of the lot to be subdivided by the number listed beside that land in the table.

Column 1	Column 2
Area A	1
Area B	2
Area C	3
Area D	4
Area E	5
Area F	8
Area G	8

(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that:

(a)  the land includes environmentally sensitive land, the major part of which will be consolidated with a neighbourhood lot or common property, and

(b)  appropriate management measures are in place to create and maintain fire protection zones and to ensure the protection and enhancement of the environmental values of the environmentally sensitive land and any other natural areas on the land, and

(c)  dwellings (including any access to such dwellings and any outbuildings) will not be located on the environmentally sensitive land and will be of a form and scale that is consistent with the landscape, and

(d)  the development is consistent with an overall integrated design for the land.

(4)  In this clause:

cluster housing means development that includes all of the following:

(a)  a subdivision of land under the Community Land Development Act 1989 or under the Strata Schemes (Freehold Development) Act 1973 into 5 or more lots,

(b)  the erection of a dwelling house on each lot (other than on any neighbourhood lot),

(c)  a scheme for joint ownership of the neighbourhood lot or common property by the owners of all other lots in a neighbourhood scheme or strata scheme.

common property and strata scheme have the same meaning as in the Strata Schemes (Freehold Development) Act 1973.

neighbourhood lot and neighbourhood scheme have the same meaning as in the Community Land Development Act 1989.

4.1G Lot consolidation in certain environment protection zones

(1)  The objectives of this clause are as follows:

(a)  to require the consolidation of certain lots on environmentally sensitive land,

(b)  to manage premature subdivisions on the urban and bushland interface,

(c)  to protect and manage areas of high ecological or scenic landscape value by preventing development on parcels of an inadequate size that may compromise those values.

(2)  This clause applies to land shown edged blue on the Lot Size Map that is in Zone E3 Environmental Management or Zone E4 Environmental Living.

(3)  Development consent must not be granted to development on land to which this clause applies that is in Zone E3 Environmental Management unless the land (including drainage reserves and unformed roads adjoining any lots) has been, or will be consolidated to create a lot that has an area of land in Zone E3 Environmental Management that is at least the minimum lot size shown for the land on the Lot Size Map.

(4)  Development consent must not be granted for the erection of a dwelling house on land to which this clause applies that is in Zone E4 Environmental Living unless the land has, or will be consolidated to create a lot that has an area of land in that zone that is at least the minimum lot size shown for the land on the Lot Size Map.

(5)  Development consent must not be granted under subclause (3) or (4) unless:

(a)  no dwelling house has been erected on the land, or

(b)  if a development application has been made for development for the purpose of a dwelling house on the land—the application has been refused or it was withdrawn before it was determined, or

(c)  if development consent has been granted in relation to any such application—the consent has been surrendered or it has lapsed.

(6)  Despite subclauses (3)–(5), development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(7)  Despite subclauses (3)–(6), development consent may be granted to the subdivision of land to which this clause applies if the subdivision:

(a)  is a realignment of boundaries that does not create an additional lot, or

(b)  is for the purpose of creating or widening a public road or public reserve or for another public purpose.

4.1H Flexibility for neighbourhood or strata subdivision

(1)  The objective of this clause is to provide flexibility in the application of standards for neighbourhood and strata subdivision.

(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 or under the Strata Schemes (Freehold Development) Act 1973 of land on which there is an existing lawful building.

(3)  Development consent may be granted for the subdivision of land to which this clause applies to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if each lot to be created (other than any development lots or neighbourhood property) contains a building or part of a building that is a separate occupation of premises.

4.2 Rural subdivision

(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)  This clause applies to the following rural zones:

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(baa)  Zone RU3 Forestry,

(c)  Zone RU4 Primary Production Small Lots,

(d)  Zone RU6 Transition.

Note—

When this Plan was made it did not include all of these zones.

(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)  A dwelling cannot be erected on such a lot.

Note—

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2A Exceptions to minimum subdivision lot sizes in Zone RU2 and Zone RU4

(1)  The objectives of this clause are as follows:

(a)  to enable the realignment of boundaries in rural zones and the provision of land for public purposes,

(b)  to provide concessional lots in Zone RU2 Rural Landscape.

(2)  Development consent may be granted for the subdivision of land in Zone RU2 Rural Landscape or Zone RU4 Primary Production Small Lots to create a lot that is less than the minimum size shown on the Lot Size Map in relation to that land for the purpose of:

(a)  a realignment of boundaries, but only if any lot resulting from the subdivision has an area that is not less than the minimum size shown on the Lot Averaging Map in relation to that land, or

(b)  creating or widening a public road or public reserve or for another public purpose, or

(c)  a consolidation with an adjoining public road or public reserve or for another public purpose.

(3)  Despite clause 4.1, development consent may be granted to the subdivision of land shown edged heavy green on the Key Sites Map to create 2 lots if each lot resulting from the subdivision will contain land in Zone RU2 Rural Landscape that has an area of at least 1 hectare.

(4)  Development consent must not be granted to the subdivision of a lot created under subclause (3).

4.3 Height of buildings

(1)  The objectives of this clause are as follows:

(a)  to ensure that the bulk of development is not excessive and relates well to the local context,

(b)  to protect privacy and the use of private open space in new development or on adjoining land,

(c)  to nominate heights that will provide a transition in built form and land use intensity,

(d)  to ensure an appropriate height transition between new buildings and heritage items.

(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

4.3A Exceptions to the maximum floor space ratio and height of buildings

(1)  The objective of this clause is to provide exceptions to the maximum height of buildings on certain land.

(2)  This clause has effect despite any other provision of this Plan.

(3)  Development consent may be granted to erect a building on land identified as “Protected Area—Escarpment” on the Scenic and Landscape Values Map that exceeds the maximum height shown for the land on the Height of Buildings Map if the consent authority is satisfied that the building:

(a)  will not protrude above the existing tree canopy of vegetation adjacent to the building, and

(b)  will not protrude above adjacent buildings, and

(c)  incorporates a design that responds to the topography of the site and does not result in a visually prominent built form, and

(d)  does not visually break the level of the skyline by protruding above the ridgeline within or behind the site, and

(e)  incorporates external surfaces that help blend structures into the natural environment, and

(f)  has a height of no more than 8 metres.

(4)  Development consent may be granted to a building on land identified as “Period housing area” on the Built Character Map that exceeds the maximum height shown for the land on the Height of Buildings Map if the consent authority is satisfied that the building:

(a)  is located within an area that has a predominant presence of 2-storey dwelling houses, and

(b)  incorporates a design that minimises its apparent bulk when viewed from a public road, and

(c)  provides for a roof form and pitch that is consistent with the predominant form of traditional housing stock within the surrounding area, and

(d)  has a height of no more than 8 metres.

(5)  Development consent may be granted to the erection of a building on land in Zone E4 Environmental Living (other than land identified as “Protected Area—Escarpment” on the Scenic and Landscape Values Map) that exceeds the maximum height shown on the Height of Buildings Map for the land if the consent authority is satisfied that:

(a)  the form and scale of the building is consistent with the objectives of clause 4.3 and the objectives for Zone E4 Environmental Living, and

(b)  the height of the building will improve the protection of environmentally sensitive land by enabling the building to reduce its footprint, and

(c)  the development incorporates a design that minimises its apparent bulk when viewed from a public road.

(6)  Development consent may be granted to the erection of a building on land identified as “Katoomba Precinct B2—KA01” or “Katoomba Precinct B2—KA05” on the Built Character Map with a maximum height of 13 metres and a maximum floor space ratio of 2:1 if the consent authority has considered the effect of any height variation on the amenity of the streetscape and:

(a)  the height of the buildings adjacent to the land is at least 11 metres, and

(b)  at least 65% of the additional floor space permitted by this subclause is used for the purpose of residential accommodation, or the development provides public spaces or plazas, or a significantly enhanced domain or pedestrian amenity.

(7)  Development consent may be granted to the erection of a building on land identified as “Katoomba Precinct B2—KA04” on the Built Character Map with a maximum height of 20 metres if:

(a)  the part of the building that exceeds a height of 10 metres comprises less than 40% of the site coverage, and

(b)  that part of the building is adjacent to the Great Western Highway.

(8)  Development consent may be granted to the erection of a building on land identified as “Katoomba Precinct B2—KA03” on the Built Character Map with a maximum floor space ratio of 1.5:1 if no more than 65% of the additional floor space permitted by this subclause is used for the purpose of residential accommodation.

(9)  Development consent may be granted to the erection of a building on land at 119 Cliff Drive, Katoomba, being Lot 5, DP 222736, that exceeds the maximum height shown for the land on the Height of Buildings Map if the consent authority is satisfied that:

(a)  the part of the building that exceeds that maximum height is not visible from any of the following:

(i)  Cliff Drive,

(ii)  any public place,

(iii)  Blue Mountains National Park, and

(b)  the building has a height of no more than 10 metres.

cl 4.3A: Am 2018 (722), Sch 1 [3].

4.4 Floor space ratio

(1)  The objectives of this clause are as follows:

(a)  to ensure that development is compatible with the bulk, scale and character of existing and future surrounding development,

(b)  to provide for a built form that is compatible with the role of the town and major centres.

(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.4A Site coverage and landscaping

(1)  The objective of this clause is to manage site coverage for the purpose of retaining landscaping and pervious areas that contribute to the landscape setting and catchment health of the area.

(2)  The site coverage for any part of a site area that is in Zone E3 Environmental Management or Zone E4 Environmental Living (the relevant part) must not exceed:

(a)  if the area of the relevant part is less than 1,000 square metres—160 square metres or 30% of the relevant part (whichever is greater), or

(b)  if the area of the relevant part is at least 1,000 square metres, but less than 2,000 square metres—300 square metres plus an additional number of square metres equal to 10% of the amount by which the area of the relevant part exceeds 1,000 square metres, or

(c)  if the area of the relevant part is at least 2,000 square metres—400 square metres plus an additional number of square metres equal to 5% of the amount by which the area of the relevant part exceeds 2,000 square metres, but not exceeding 2,500 square metres.

(3)–(5)    (Repealed)

(6)  Despite subclause (2) (a), (b) and (c), development consent may be granted for development that exceeds the maximum site coverage permitted by those paragraphs if a report prepared by a suitably qualified person demonstrates that the development would have a beneficial effect on stormwater management by incorporating measures such as infiltration and detention systems.

(7)  Development consent must not be granted to development on a lot that contains land in Zone E4 Environmental Living unless:

(a)  the pervious area of the lot will not be reduced as a result of the development, or

(b)  at least 60% of the lot will comprise pervious area.

(8)  In this clause:

pervious area means any part of a site on which water infiltrates into the subsoil, excluding any area of land used as a driveway or any other hard surface (other than rainwater tanks, unroofed areas of spaced decking and swimming pools).

cl 4.4A: Am 2017 (610), Sch 1 [1]–[6].

4.4B Principal development area

(1)  The objective of this clause is to prescribe the maximum size of land on which development is to be located for larger lots in response to the environmental capacity of the land.

(2)  This clause applies to land in Zone E3 Environmental Management or Zone E4 Environmental Living.

(3)  Development consent must not be granted for development on a lot to which this clause applies that has an area of at least 4,000 square metres unless the consent authority is satisfied that:

(a)  the development will be located within a principal development area (the PDA) that complies with this clause, and

(b)  the PDA will be appropriately sited on the lot, and

(c)  the development will be screened from view from outside the lot by the retention of existing vegetation or the planting of native vegetation on the lot.

(4)  The PDA of the lot must meet the following requirements:

(a)  must not contain environmentally sensitive land,

(b)  if the width of the lot at the building line is less than 50 metres—must have boundary setbacks of at least 10 metres,

(c)  if the width of the lot at the building line is at least 50 metres—must have boundary setbacks of at least 15 metres,

(d)  if the lot has a notional development area of less than 2,000 square metres—must have a maximum area of 750 square metres, or the notional development area of the lot, whichever is greater,

(e)  if the lot has a notional development area of 2,000 square metres or more—must have a maximum area of 2,000 square metres, or 25% of the notional development area of the lot, whichever is greater, but not exceeding an area of 5,000 square metres.

(5)  Despite subclause (3) (a), development consent may be granted to development on land to which subclause (3) applies that will not be located within a PDA that complies with this clause if:

(a)  the lot was created before the commencement of this Plan, and

(b)  the development is ancillary or incidental to a dwelling house that was erected before 27 December 1991, and

(c)  any vegetation that is required to be cleared is not located on environmentally sensitive land, and

(d)  the clearing of vegetation will be carried out on an area of less than 50 square metres, and

(e)  the total area of land that is required to be cleared and is outside the PDA is no more than 5% of the notional development area.

(6)  Despite subclause (4) (a), a PDA may contain environmentally sensitive land if the lot contains less than 750 square metres of land that is not environmentally sensitive land and the consent authority is satisfied that:

(a)  the PDA is suitable for the erection of a dwelling house, and

(b)  the PDA will contain the minimum area, as is reasonably practicable, of environmentally sensitive land that is required to carry out the development, and

(c)  the PDA will contain less than 750 square metres of environmentally sensitive land.

(7)  This clause does not apply to the following types of development:

(a)  the subdivision of land,

(b)  the clearing of vegetation required to establish an asset protection zone,

(c)  development for the purpose of providing vehicular access or public utility services.

4.5 Calculation of floor space ratio and site area

(1) Objectives The objectives of this clause are as follows:

(a)  to define floor space ratio,

(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:

(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii)  require community land and public places to be dealt with separately.

(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:

(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or

(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Exclusions from site area The following land must be excluded from the site area:

(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,

(b)  community land or a public place (except as provided by subclause (7)).

(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10) Covenants affect consolidated sites If:

(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6 Exceptions to development standards

(1)  The objectives of this clause are as follows:

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Development consent must not be granted for development that contravenes a development standard unless:

(a)  the consent authority is satisfied that:

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Secretary must consider:

(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b)  the public benefit of maintaining the development standard, and

(c)  any other matters required to be taken into consideration by the Secretary before granting concurrence.

(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:

(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note—

When this Plan was made it did not include all of these zones.

(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(ba)  clause 4.1E (4) (Subdivision of land in certain environment protection zones),

(bb)  clause 4.1G (3) (Lot consolidation in certain environment protection zones),

(c)  clause 5.4,

(ca)  clause 6.25 (2) (b) (Dwelling houses on land in Zone E2),

(cb)  clause 6.26 (Shops in Zones B1 and B2).

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local open space”	Council
Zone RE1 Public Recreation and marked “Regional open space”	The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Environmental Conservation Open Space”	Council
Zone E2 Environmental Conservation and marked “Regional open space”	The corporation constituted under section 8 of the Act

(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

5.2 Classification and reclassification of public land

(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)  The public land described in Part 1 of Schedule 4:

(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

(b)  any reservations that except land out of the Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

Note—

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3 Development near zone boundaries

(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)  This clause does not apply to:

(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or

(b)  land within the coastal zone, or

(c)  land proposed to be developed for the purpose of sex services or restricted premises.

(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  This clause does not prescribe a development standard that may be varied under this Plan.

5.4 Controls relating to miscellaneous permissible uses

(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.

Note—

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:

(a)  33% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

(b)  100 square metres,

whichever is the lesser.

(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.

(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 60 square metres.

(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.

(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)  60 square metres,

(b)  25% of the total floor area of the principal dwelling.

(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed:

(a)  33% of the gross floor area of the industry, or

(b)  100 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.15 [1] [2].

5.5 (Repealed)

5.6 Architectural roof features

[Not adopted]

5.7 Development below mean high water mark

[Not applicable]

5.8 Conversion of fire alarms

(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)  The following development may be carried out, but only with development consent:

(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)  Development to which subclause (2) applies is complying development if it consists only of:

(a)  internal alterations to a building, or

(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)  In this clause:

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9, 5.9AA (Repealed)

5.10 Heritage conservation

Note—

Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1) Objectives The objectives of this clause are as follows:

(a)  to conserve the environmental heritage of the Blue Mountains,

(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)  to conserve archaeological sites,

(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2) Requirement for consent Development consent is required for any of the following:

(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i)  a heritage item,

(ii)  an Aboriginal object,

(iii)  a building, work, relic or tree within a heritage conservation area,

(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d)  disturbing or excavating an Aboriginal place of heritage significance,

(e)  erecting a building on land:

(i)  on which a heritage item is located or that is within a heritage conservation area, or

(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)  subdividing land:

(i)  on which a heritage item is located or that is within a heritage conservation area, or

(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3) When consent not required However, development consent under this clause is not required if:

(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development:

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage assessment The consent authority may, before granting consent to any development:

(a)  on land on which a heritage item is located, or

(b)  on land that is within a heritage conservation area, or

(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)  notify the Heritage Council of its intention to grant consent, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a)  notify the Heritage Council about the application, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11 Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12 Infrastructure development and use of existing buildings of the Crown

(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

5.13 Eco-tourist facilities

(1)  The objectives of this clause are as follows:

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against rocks and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)  the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i)  measures to remove any threat of serious or irreversible environmental damage,

(ii)  the maintenance (or regeneration where necessary) of habitats,

(iii)  efficient and minimal energy and water use and waste output,

(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

5.14 Siding Spring Observatory—maintaining dark sky

[Not adopted]

5.15 Defence communications facility

[Not adopted]

5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones

[Not applicable]

5.17 Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations

[Not applicable]

5.18 Intensive livestock agriculture

[Not applicable]

5.19 Pond-based, tank-based and oyster aquaculture

(1) Objectives The objectives of this clause are as follows:

(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,

(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.

(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following:

(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,

(b)  in the case of:

(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and

(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and

(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and

(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.

(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.

(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if:

(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and

(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.

(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider:

(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and

(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.

(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent:

(a)  on land that is wholly within a priority oyster aquaculture area, or

(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.

(7) Definitions In this clause:

aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.

extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.

NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).

priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.

Part 6 Additional local provisions

6.1 Impact on environmentally sensitive land

(1)  The objective of this clause is to protect environmentally sensitive land by:

(a)  conserving significant native vegetation communities and protecting the ecological processes necessary for the continued existence of those communities, and

(b)  protecting watercourses and the riparian buffers necessary to maintain or enhance the hydrological function of those watercourses, and

(c)  restricting development on steeply sloping land and protecting geological features such as rock outcrops and escarpments.

(2) Impact of development on environmentally sensitive land Development consent must not be granted for development that may have an adverse impact on environmentally sensitive land unless the consent authority is satisfied that:

(a)  the natural, scenic, scientific and historical values of the “City within a World Heritage National Park” that are relevant to the development will be maintained, and

(b)  the development will be managed to protect the natural environment and maintain the ecological integrity and environmental significance of the Blue Mountains, and

(c)  the water quality, watercourses, groundwater quality, riparian habitats and wetlands in the Blue Mountains, Sydney’s drinking water catchment and the Hawkesbury-Nepean River catchment will be preserved and, if possible, enhanced, and

(d)  the development is appropriate considering the extent and capacity of the local infrastructure, and

(e)  if the development will be located on bush fire prone land, the exposure to bush fire hazard will be limited and any bush fire protection measures employed to protect human life, property and other assets are responsive to the environmental values of the land.

(3) Development near Blue Mountains National Park Development consent must not be granted for development on land that is adjacent to, directly opposite or separated only by a local road from land in the Blue Mountains National Park unless the consent authority:

(a)  has considered the impact of the proposed development on the heritage significance and scenic attributes of the National Park, and

(b)  is satisfied that the development incorporates effective measures to avoid, minimise or mitigate any adverse environmental impact on the land in the National Park.

(4) Impact of subdivision on environmentally sensitive land Development consent must not be granted for the subdivision of land to create additional lots unless the consent authority is satisfied that the development, including any clearing required for an asset protection zone, will have no adverse environmental impact on any environmentally sensitive land.

(5) Development on environmentally sensitive land in Zone E3 or Zone E4 Development consent must not be granted for development (other than development for the purpose of public utility services) on land within a lot created under this Plan being land in Zone E3 Environmental Management or Zone E4 Environmental Living that contains environmentally sensitive land unless the consent authority is satisfied that the proposed development, including any clearing required for an asset protection zone, would be designed, sited and managed to avoid any adverse environmental impact on the environmentally sensitive land.

(6) Other development Development consent must not be granted for development (other than development referred to in subclauses (4) and (5)) unless the consent authority is satisfied that the development, including any clearing required for an asset protection zone, is to be designed, sited and managed to avoid any adverse environmental impact on any of the following:

(a)  significant vegetation communities,

(b)  rare species of flora,

(c)  the hydrological aspect of the locality, including groundwater,

(d)  land identified as “Riparian Land” on the Riparian Lands and Watercourses Map,

(e)  watercourses or wetlands,

(f)  significant natural features, including rock outcrops, rock ledges and cliffs.

(7)  Despite subclause (6), development consent may be granted for development if the consent authority is satisfied that:

(a)  if an adverse environmental impact cannot be avoided, the development is designed, sited and will be managed to minimise that impact to the greatest extent possible, and

(b)  the development incorporates effective measures to remedy, minimise or mitigate any other adverse environmental impacts, and

(c)  any existing disturbed areas on the site will be restored.

(8)  In determining whether an adverse environmental impact cannot be avoided, the consent authority must:

(a)  have regard to the purposes for which the land is intended to be used with reference to the objectives of the relevant zone of the land, and

(b)  be satisfied that no practicable alternative is available in relation to the design, type and site coverage of the proposed development (including any measures required to protect life and property from the threat of bush fire) and the suitability of the physical characteristics of the land for the proposed development.

cl 6.1: Am 2017 (610), Sch 1 [7].

6.2 Assessment of certain environmentally sensitive land

(1)  The objective of this clause is to enable the consent authority to determine that certain land is not environmentally sensitive land.

Note—

Environmentally sensitive land is defined in the Dictionary to this Plan.

(2)  This clause applies to the following land:

(a)  land that is within 40 metres of the top of the bank of a watercourse,

(b)  land that is within 60 metres of any significant vegetation community,

(c)  land that is within 20 metres of any rare species of flora.

(3)  For the purposes of determining a development application, the consent authority may, after an assessment of the ecological or geomorphic functions of the land to which this clause applies, determine that any part of that land is not environmentally sensitive land for the purposes of this Plan.

6.3 Terrestrial biodiversity

(1)  The objective of this clause is to maintain terrestrial biodiversity by:

(a)  protecting native fauna and flora, and

(b)  protecting the ecological processes necessary for their continued existence, and

(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.

(2)  This clause applies to land identified as “Fauna Corridor” on the Natural Resources—Biodiversity Map.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider:

(a)  whether the development is likely to have:

(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(iv)  any adverse impact on the habitat elements providing connectivity on the land, and

(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that:

(a)  the development is designed, sited and will be managed to avoid any adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.4 Protected area—slope constraint area

(1)  The objectives of this clause are as follows:

(a)  to restrict the development of land that has contiguous areas of slope greater than 20% or physical characteristics that render the land inappropriate for development,

(b)  to ensure that development on land that has contiguous areas of slope greater than 20% is designed and sited to minimise vegetation clearing and soil disturbance,

(c)  to encourage the retention, restoration and maintenance of disturbed native vegetation on steep land.

(2)  This clause applies to land that has a contiguous area of slope exceeding 20% and that is identified as “Protected area—Slope constraint area” on the Natural Resources—Land Map.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that:

(a)  all existing native vegetation situated outside any part of the land required for the development will be retained and appropriate measures will be incorporated to facilitate the maintenance of such vegetation, and

(b)  the development will incorporate measures to regenerate any native vegetation that has been cleared from land to which this clause applies that does not form part of the site of any existing or proposed development, and

(c)  the development will not have any adverse impact on the rate, volume or quality of water running off the land, and

(d)  a geotechnical report prepared by a suitably qualified person demonstrates that the soil characteristics and structural elements of the land are suitable for the proposed development, and

(e)  the development cannot practicably be located on land other than the land to which this clause applies.

(4)  In determining whether the development can practicably be located on land other than the land to which this clause applies, the consent authority must consider the following:

(a)  the design, type and site coverage of the proposed development, and

(b)  the physical characteristics of the land on which the development is proposed to be carried out, and

(c)  the suitability of the land for the proposed development.

6.5 Protected area—landslide risk

(1)  The objectives of this clause are to ensure that development on land susceptible to landslide:

(a)  matches the underlying geotechnical conditions of the land, and

(b)  is restricted on unsuitable land, and

(c)  does not endanger life or property.

(2)  This clause applies to land identified as “Protected Area—Landslide risk area” on the Natural Resources—Land Map.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following matters to determine whether the development takes into account the risk of landslide:

(a)  site layout, including access,

(b)  the development’s design and construction methods,

(c)  the amount of cut and fill that will be required for the development,

(d)  waste water management, stormwater and drainage across the land,

(e)  the geotechnical constraints of the site,

(f)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted for development on land to which this clause applies unless:

(a)  the consent authority is satisfied that the development will appropriately manage waste water, stormwater and drainage across the land so as not to affect the rate, volume and quality of water leaving the land, and

(b)  the consent authority is satisfied that:

(i)  the development is designed, sited and will be managed to avoid any landslide risk or significant adverse impact on the development and the land surrounding the development, or

(ii)  if that risk or impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that risk or impact, or

(iii)  if that risk or impact cannot be minimised—the development will be managed to mitigate that risk or impact.

6.6 Protected area—vegetation constraint area

(1)  The objectives of this clause are as follows:

(a)  to identify and require assessment of vegetation that is likely to be a significant vegetation community,

(b)  to protect significant vegetation communities and vegetation that is fauna habitat or part of a wildlife corridor,

(c)  to ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community,

(d)  to encourage the restoration and maintenance of native vegetation, including vegetation that does not form part of a significant vegetation community.

(2)  This clause applies to any land:

(a)  that is identified as “Protected Area—Vegetation constraint area” on the Natural Resources—Biodiversity Map, or

(b)  that is the site of a significant vegetation community or rare species of flora.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that:

(a)  the development incorporates effective measures, including an adequate ecological buffer, to protect significant vegetation communities and to regenerate any disturbed native vegetation on the site area, and

(b)  all existing native vegetation situated outside the land required for the development will be retained and appropriate measures will be incorporated to facilitate the maintenance of such vegetation, and

(c)  in relation to land that is the site of a significant vegetation community, the development cannot practicably be located on land other than the land to which this clause applies.

(4)  In determining whether the development can practicably be located on land other than the land to which this clause applies, the consent authority must consider the following:

(a)  the design, type and site coverage of the proposed development, and

(b)  the physical characteristics of the land on which the development is proposed to be carried out, and

(c)  the suitability of the land for the proposed development.

6.7 Protected area—ecological buffer area

(1)  The objectives of this clause are as follows:

(a)  to protect significant vegetation communities,

(b)  to restrict development so that it does not occur, as far as practicable, within ecological buffers to significant vegetation communities,

(c)  to ensure that development is designed, sited and managed to minimise any adverse impact on the ecological functions of the buffer,

(d)  to encourage the restoration and maintenance of native vegetation and the ecological processes of land in, and adjacent to, significant vegetation communities.

(2)  This clause applies to land identified as “Protected Area—Ecological buffer area” on the Natural Resources—Biodiversity Map.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that:

(a)  the development incorporates effective measures to manage any significant vegetation communities, and

(b)  the development is designed and sited to maintain connectivity of vegetation and to minimise the clearing of vegetation, soil disturbance and alterations to the surface and groundwater flows, and

(c)  all existing native vegetation situated outside the land required for the development will be retained and appropriate measures will be incorporated to facilitate the maintenance of such vegetation, and

(d)  any disturbed native vegetation on the land to which this clause applies will be regenerated, and

(e)  the development cannot practicably be located on land other than the land to which this clause applies.

(4)  In determining whether the development can practicably be located on land other than the land to which this clause applies, the consent authority must consider the following:

(a)  the design, type and site coverage of the proposed development, and

(b)  the physical characteristics of the land on which the development is proposed to be carried out, and

(c)  the suitability of the land for the proposed development.

6.8 Protected area—riparian lands and watercourses

(1)  The objective of this clause is to protect and maintain the following:

(a)  water quality within watercourses,

(b)  the stability of the bed and banks of watercourses,

(c)  aquatic and riparian habitats,

(d)  ecological processes within watercourses and riparian areas.

(2)  This clause applies to watercourses and wetlands, including all of the following:

(a)  land identified as “Protected Area—Watercourses” on the Riparian Lands and Watercourses Map,

(b)  land identified as “Protected Area—Riparian Land” on that map,

(c)  all land that is within 40 metres of the top of the bank of a watercourse.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider:

(a)  whether or not the development is likely to have any adverse impact on the following:

(i)  the water quality and flows within the watercourse,

(ii)  aquatic and riparian species, habitats and ecosystems of the watercourse,

(iii)  the stability of the bed and banks of the watercourse,

(iv)  the free passage of fish and other aquatic organisms within or along the watercourse,

(v)  any future rehabilitation of the watercourse and riparian areas, and

(b)  whether or not the development is likely to increase water extraction from the watercourse, and

(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that:

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.9 Stormwater management

(1)  The objective of this clause is to avoid the adverse impacts of urban stormwater on land on which development is located and on adjoining properties, native bushland and receiving waters.

(2)  Development consent must not be granted for development unless the consent authority is satisfied that the development:

(a)  incorporates best practice water sensitive urban design principles, and

(b)  is designed to maximise the use of water permeable surfaces on the land having regard to groundwater levels and the soil characteristics affecting on-site infiltration of water, and

(c)  includes, if practicable, on-site stormwater retention for reuse as an alternative supply to mains water, groundwater or river water, and

(d)  avoids any adverse impacts caused by stormwater runoff on adjoining properties, native bushland and the receiving natural environment by ensuring that:

(i)  the quality of surface water or groundwater leaving the site is not reduced in the short or long term, and

(ii)  the quantity and flow characteristics of stormwater leaving the site is not adversely altered, and

(iii)  stormwater treatment and disposal methods achieve adequate filtration, absorption, dissipation and scour protection, and

(e)  integrates stormwater management measures into the landscape so as to provide a neutral or beneficial effect on environmental and water quality protection, stormwater retention and detention, flood mitigation, landscaping, public open spaces and recreational and visual amenity.

6.10 Flood planning

(1)  The objectives of this clause are as follows:

(a)  to minimise the flood risk to life and property associated with the use of land,

(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c)  to avoid significant adverse impacts on flood behaviour and the environment.

(2)  This clause applies to land at or below the flood planning level.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)  is compatible with the flood hazard of the land, and

(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)  incorporates appropriate measures to manage risk to life from flood, and

(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

6.11 Floodplain risk management

(1)  The objectives of this clause are as follows:

(a)  in relation to development with particular evacuation or emergency response issues, to enable evacuation of land subject to flooding in events exceeding the flood planning level,

(b)  to protect the operational capacity of emergency response facilities and critical infrastructure during extreme flood events.

(2)  This clause applies to:

(a)  land between the flood planning area and the level of the probable maximum flood, and

(b)  land surrounded by the flood planning area,

but does not apply to land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

(3)  Development consent must not be granted for development for the following purposes on land to which this clause applies unless the consent authority is satisfied that the development will not, in flood events exceeding the flood planning level, affect the safe occupation of, and evacuation from, the land:

(a)  caravan parks,

(b)  correctional centres,

(c)  emergency services facilities,

(d)  group homes,

(e)  hospitals,

(f)  residential care facilities,

(g)  tourist and visitor accommodation.

(4)  In this clause:

probable maximum flood has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.

Note—

The probable maximum flood is the largest flood that could conceivably occur at a particular location, usually estimated from probable maximum precipitation.

6.12 Protected area—escarpment

(1)  The objectives of this clause are as follows:

(a)  to preserve and enhance the visual, cultural and ecological values of the escarpment systems in the Blue Mountains,

(b)  to restrict development, including buildings, alterations and vegetation clearing, so as to minimise any adverse impact on the perception of escarpments as significant natural features,

(c)  to limit the proportion of hard surfaces in close proximity to escarpment systems,

(d)  to ensure that the design and siting of development minimises any adverse environmental impact,

(e)  to encourage the retention, restoration and maintenance of areas of disturbed native vegetation.

(2)  This clause applies to land identified as “Protected Area—Escarpment” on the Scenic and Landscape Values Map.

(3)  Development consent must not be granted to development on land to which this clause applies that requires the clearing of native vegetation unless the consent authority is satisfied that:

(a)  the development will not have any adverse impact on the ecological or scenic values of the escarpment system, and

(b)  all existing native vegetation situated outside the land required for the development will be retained and appropriate measures will be incorporated to facilitate the maintenance of such vegetation, and

(c)  the development will incorporate measures to regenerate any native vegetation that has been cleared from land to which this clause applies that does not form part of the site of any existing or proposed development, and

(d)  the development will be designed and sited to respond sympathetically to the land form of which it will form a part, and

(e)  no part of the development will protrude above any adjacent buildings or the existing vegetation canopy surrounding the site area, and

(f)  the development will not visually disrupt the skyline by protruding above the ridgeline within or behind the site, and

(g)  the development will use unobtrusive and non-reflective materials to blend structures into the natural environment, and

(h)  the development will incorporate appropriate measures to minimise the reflection of sunlight from glazed surfaces.

6.13 Protected area—land between towns

(1)  The objectives of this clause are as follows:

(a)  to identify and maintain land between towns with particular scenic value viewed from the Great Western Highway or other public places,

(b)  to conserve the natural bushland character of land that separates the villages of the Blue Mountains,

(c)  to ensure that development is sited and designed to minimise any adverse visual impact.

(2)  This clause applies to land identified as “Protected Area—Land between towns” on the Scenic and Landscape Values Map.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)  incorporates appropriate measures to minimise any adverse visual impact on the landscape, and

(b)  will be screened from view from the Great Western Highway and other public places by existing vegetation or by planting indigenous vegetation.

6.14 Earthworks

(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions or processes (including waterways, riparian land and groundwater), neighbouring uses, cultural or heritage items or features of the surrounding land.

(2)  Development consent is required for earthworks unless:

(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

(3)  In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b)  the effect of the development on the likely future use or redevelopment of the land,

(c)  the quality of the fill or the soil to be excavated, or both,

(d)  whether the development minimises cut and fill and the use and location of cut and fill on the site,

(e)  the effect of the development on the existing and likely amenity of adjoining properties,

(f)  the source of any fill material and the destination of any excavated material,

(g)  the likelihood of disturbing relics,

(h)  whether the location of the earthworks is appropriate, taking into account land that has previously been cleared in response to site characteristics,

(i)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive land and measures to prevent sediment, building materials, waste or other pollutants from leaving the site and entering adjoining land, street gutters, drains or watercourses,

(j)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Note—

The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.

6.15 Bush rock removal

(1)  The objective of this clause is to protect bush rock during the development process.

(2)  This clause applies to land containing bush rock.

(3)  Development consent must not be granted to development on land to which this clause applies that requires the removal of bush rock unless the consent authority is satisfied that:

(a)  the removal of bush rock is a necessary part of carrying out the development, and

(b)  there is no reasonable means of retaining the bush rock on the land.

(4)  Before granting development consent to development on land to which this clause applies, the consent authority must consider whether the bush rock on the site should be retained, taking into account the priority for retention as follows:

(a)  bush rock that is known or likely to be habitat for any species, population or ecological community listed under the Threatened Species Conservation Act 1995,

(b)  bush rock that is within a wildlife corridor or is habitat for any native fauna,

(c)  bush rock salvaged from excavation works carried out for the purpose of creating a landscaped area,

(d)  bush rock that will contribute to the streetscape character of the locality.

(5)  In this clause, bush rock means a natural deposit of rock, including loose rocks on rock or soil surfaces, or rocks that have been removed from rock outcrops.

6.16 Significant extractive resources

(1)  The objective of this clause is to identify the location of significant resources of minerals, petroleum or extractive materials for the purposes of clause 13 of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.

(2)  The land identified as “Identified resource” on the Mineral Resource Area Map is the land to which clause 13 of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 applies.

6.17 Consideration of character and landscape

(1)  The objective of this clause is to promote the design of residential properties that are consistent with, or enhance, the established character of the buildings, gardens and streetscapes of the villages in the Blue Mountains.

(2)  This clause applies to land in a residential or environment protection zone.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the following:

(a)  the scale and massing of any proposed building,

(b)  the use of building materials, including colours and finishes, and the proposed development’s compatibility with the characteristics of the site and the locality,

(c)  the building form and design, ensuring that the building is articulated and varied, and provides a fine-grained residential built form, an individual dwelling identity and street address,

(d)  the location of buildings on the lot and the relationship of the building to the public street,

(e)  measures to minimise any potential impacts on the amenity of any adjoining residents,

(f)  the capacity of the building design, where possible, to encourage active street frontages,

(g)  whether the garden setting establishes a standard of presentation that is comparable with adjacent dwellings and parks, or the immediate landscape setting.

6.18 Period housing area

(1)  The objectives of this clause are to identify and protect period housing by:

(a)  conserving the traditional streetscape and character of residential areas incorporating Victorian, Edwardian, Federation, Inter-war or Art Deco building styles that contribute to the town character of the Blue Mountains, and

(b)  preserving housing stock erected before 1946 if such buildings contribute to the traditional streetscape character of the Blue Mountains, and

(c)  ensuring that new development complements the traditional streetscape character of the surrounding area.

(2)  This clause applies to land identified as “Period housing area” on the Built Character Map.

(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following:

(a)  the character and landscape values of any existing buildings, natural features and vegetation on the site and in the surrounding area,

(b)  whether the proposed development is consistent with and enhances the established character of the surrounding area in relation to the scale, massing and external finishes of the development, landscaping and the retention of existing vegetation, building form, including the roof pitch and the size and location of windows and the location of any buildings on adjoining lots.

(4)  Development consent must not be granted for the demolition of a building on land to which this clause applies unless the consent authority is satisfied as to at least one of the following:

(a)  the building was erected in or after 1946 and is not representative of the predominant character of the area,

(b)  the building, or the part of the building proposed to be demolished, is structurally unsound and not reasonably able to be repaired,

(c)  the building is minor or secondary to another building on the site and its demolition will not adversely affect the character of the other building or its setting when viewed from a public street.

(5)  Development consent must not be granted for the erection of, or alterations or additions (that require development consent) to, a building on land to which this clause applies unless:

(a)  any existing building that was erected before 1946 is retained as the most prominent structure on the land when viewed from the street, and

(b)  the existing traditional streetscape is substantially retained or enhanced.

(6)  In determining whether to grant development consent under this clause, the consent authority must consider the following:

(a)  whether front building setbacks continue the established pattern within the streetscape, and whether front doors and entry areas address the street,

(b)  whether any new architectural elements facing the street are consistent in form, material and detail with the existing architectural style of the building or streetscape,

(c)  whether alterations or additions to the rear of existing traditional buildings are sympathetic to the architectural style of the principal building form,

(d)  whether colour schemes are appropriate to the building style and type and derived from a traditional heritage palette,

(e)  whether garages and carports can be located behind the rear building line and whether the design, material and detail complements the principal building form.

(7)  This clause ceases to have effect on 31 July 2019.

cl 6.18: Am 2019 (82), cl 4.

6.19 Design excellence

(1)  The objective of this clause is to deliver a high standard of architectural and urban design within the village centres of the Blue Mountains.

(2)  This clause applies to development involving the erection of a new building or external alterations to an existing building on land shown edged heavy blue on the Built Character Map.

(3)  Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.

(4)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters:

(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,

(c)  whether the development detrimentally impacts on view corridors,

(d)  whether the development detrimentally impacts on any land protected by solar access controls established in the Blue Mountains DCP,

(e)  the requirements of the Blue Mountains DCP,

(f)  how the development addresses the following matters:

(i)  the suitability of the land for development,

(ii)  existing and proposed uses and use mix,

(iii)  heritage issues and streetscape constraints,

(iv)  the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v)  bulk, massing and modulation of buildings,

(vi)  street frontage heights,

(vii)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii)  the achievement of the principles of ecologically sustainable development,

(ix)  pedestrian, cycle, vehicular and service access, circulation and requirements,

(x)  the impact on, and any proposed improvements to, the public domain.

(5)  In this clause:

Blue Mountains DCP means the Blue Mountains Development Control Plan, as adopted by the Council on 26 March 2015.

6.20 Active street frontages

(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B2 Local Centre.

(2)  This clause applies to land identified as “Active street frontage” on the Active Street Frontages Map.

(3)  Development consent must not be granted for the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.

(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following:

(a)  entrances and lobbies (including as part of mixed use development),

(b)  access for fire services,

(c)  vehicular access.

(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.

6.21 Sustainable resource management

(1)  The objective of this clause is to promote sustainable resource management in the design and operation of development.

(2)  Before granting development consent for any development, the consent authority must consider whether the development achieves any ecologically sustainable development practices, including (but not limited to) the following:

(a)  the conservation of natural resources (both renewable and non-renewable),

(b)  energy conservation and efficiency,

(c)  a reduction in greenhouse gas emissions,

(d)  total water cycle management,

(e)  a reduction in the use of reticulated potable water,

(f)  air, water and soil quality protection, enhancement and rehabilitation,

(g)  waste avoidance and minimisation.

6.22 Incentives for providing affordable rental housing

(1)  The objective of this clause is to increase the supply of affordable rental housing for very low, low and moderate income earning households by providing incentives for the development of new affordable rental housing.

(2)  This clause applies to development for the purposes of residential flat buildings, or a mixed use development that contains shop top housing, if:

(a)  the development is on land identified as “6.22” on the Key Sites Map, and

(b)  the development comprises at least one dwelling that is to be used for the purposes of affordable housing.

(3)  Despite clause 4.4, development consent may be granted for development to which this clause applies that has a gross floor area of no more than:

(a)  the maximum gross floor area that would be permitted on the land under clause 4.4, and

(b)  an additional area of 15% of that maximum gross floor area (the affordable housing incentive).

(4)  Development consent must not be granted for development to which this clause applies unless conditions are imposed by the consent authority to the effect that:

(a)  at least 50% of the affordable housing incentive will be used for the purpose of affordable housing, and

(b)  for at least 3 years from the date of the issue of the occupation certificate:

(i)  the dwellings proposed to be used for the purpose of affordable housing will be used for the purpose of affordable housing, and

(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(c)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (b) are met.

(5)  Subclause (4) does not apply to development on land owned by a public authority or to a development application made by, or on behalf of, a public authority or a registered community housing provider.

(6)  A word or expression used in this clause has the same meaning as in State Environmental Planning Policy (Affordable Rental Housing) 2009 unless it is otherwise defined in this Plan.

6.23 Essential services

(1)  Development consent must not be granted for development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable vehicular access.

(2)  Development consent must not be granted for the subdivision of land to create additional lots unless each lot resulting from the subdivision (other than any lot created for the purpose of a public reserve, public road or other public purpose) will be serviced by a reticulated sewerage system and a potable water system.

(3)  Despite subclause (2), development consent may be granted for the subdivision of land in Zone RU2 Rural Landscape or Zone E3 Environmental Management to create additional lots if the consent authority has considered a geotechnical assessment that demonstrates that the land is adequate for the on-site disposal of effluent and the on-site disposal of effluent will not have any adverse environmental impacts.

(4)  Development consent must not be granted for development that requires the disposal and management of sewage unless the consent authority is satisfied that:

(a)  the development will be connected to a reticulated sewerage system, or

(b)  if the development cannot be connected to a reticulated sewerage system—a geotechnical assessment and water balance report prepared by a suitably qualified person indicates that the land on which the development will be situated is adequate for the on-site disposal of effluent and that the disposal will not have any adverse impact on land in Zone E2 Environmental Conservation.

(5)  A geotechnical and water balance report prepared for the purposes of subclause (4) must assess the following:

(a)  the proposed waste water system,

(b)  site selection criteria to determine the most appropriate location for the proposed waste water system,

(c)  the capability of the site to provide for the disposal of waste water.

(6)  Despite subclause (4), development consent must not be granted for development for the purpose of bed and breakfast accommodation, boarding houses, dual occupancies or multi dwelling housing unless the consent authority is satisfied that the land is or will be serviced by a reticulated sewerage system that has the capacity to service the proposed development.

(7)  Despite subclause (4), development consent may be granted for development for the purpose of a dwelling house that will be serviced by a waste water pump out system if:

(a)  the development cannot be serviced by a reticulated sewerage system, and

(b)  the dwelling house is erected on a lot created before 27 December 1991.

6.24 Council infrastructure development

(1)  Development may be carried out by or on behalf of the Council without development consent on any land, other than land in a heritage conservation area, land containing a heritage item or land that is an environmentally sensitive area for exempt and complying development.

(2)  Subclause (1) does not apply to the following development:

(a)  the erection of a class 1–9 building under the Building Code of Australia,

(b)  development that is not exempt development under State Environmental Planning Policy (Infrastructure) 2007 and has a capital value of more than $1,000,000.

6.25 Dwelling houses on land in Zone E2

(1)  The objective of this clause is to permit development for the purpose of dwelling houses (including any ancillary development) on land in Zone E2 Environmental Conservation if the development is consistent with the environmental values of the land.

(2)  Despite any other provision of this Plan, development consent must not be granted to development for the purpose of a dwelling house (including any ancillary development) on land in Zone E2 Environmental Conservation unless the consent authority is satisfied that:

(a)  the development requires the clearing of vegetation of less than 50 square metres of land, in addition to any clearing required for the erection of a dwelling house or for the establishment of an asset protection zone, and

(b)  the development will be located within 10 metres of the boundary of the land in Zone E2 Environmental Conservation and a residential zone, Zone E3 Environmental Management or Zone E4 Environmental Living, and

(c)  the development is appropriately sited to provide an optimal site layout and is compatible with the environmental values of the land, and

(d)  the development complies with the objectives of Zone E2 Environmental Conservation and the adjoining zone.

(3)  In this clause, ancillary development has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

6.26 Shops in Zones B1 and B2

(1)  The objective of this clause is to limit the size of shops in certain areas to retain the character and function of those areas.

(2)  This clause applies to land identified as “clause 6.26” on the Key Sites Map.

(3)  Development consent must not be granted for development for the purpose of shops on land to which this clause applies if the gross floor area of any shop is more than 1,500 square metres.

(4)  In calculating the gross floor area of a shop, the gross floor area of any adjoining shop is to be included if the adjoining shop:

(a)  shares a pedestrian access point or has other direct internal links with the proposed development, and

(b)  has a gross floor area of more than 150 square metres.

(5)  This clause does not apply to the use of a building that was erected immediately before the commencement of this Plan.

6.27 Drive-through take away food and drink premises

(1)  The objective of this clause is to prohibit drive-through take away food and drink premises in certain locations to avoid ribbon development and traffic congestion and to ensure the safety of commuters.

(2)  This clause applies to land identified as “clause 6.27” on the Key Sites Map.

(3)  Development consent must not be granted for development for the purpose of take away food and drink premises that include a drive-through service on land to which this clause applies.

(4)  In this clause, drive-through service means a service to enable customers to purchase food or drink from the take away food and drink premises while seated in a motor vehicle at the point of purchase.

6.28 Rural and nature-based tourist facilities

(1)  The objective of this clause is to ensure that tourism development in rural and natural areas is low scale and does not adversely impact on the agricultural production, scenic or environmental values of the land.

(2)  This clause applies to land in the following zones:

(a)  Zone RU2 Rural Landscape,

(b)  Zone RU4 Primary Production Small Lots,

(c)  Zone E3 Environmental Management,

(d)  Zone E4 Environmental Living.

(3)  Development consent must not be granted for development for the purpose of tourist facilities on land to which this clause applies unless the consent authority is satisfied that:

(a)  adequate access exists or will be provided to service the development from a road other than a classified road, taking into account the scale of the development, and

(b)  the development will not create a land use conflict, and

(c)  the development is a small tourist facility that is complementary to the rural or environmental attributes of the land and its surrounds, and

(d)  the development will not have a significant adverse impact on agricultural production, the scenic amenity of the locality or significant features of the natural environment, and

(e)  if the development is located in an unsewered area, adequate on-site wastewater systems will service the land without having an adverse impact on the water quality of the area.

(4)  In this clause:

small tourist facility means a tourist facility that is managed and operated by the owner or a site manager who resides on the land.

tourist facility means any development where services or facilities are provided for visitors to the area and includes, but is not limited to, camping grounds, eco-tourist facilities, hotel or motel accommodation, information and education facilities and restaurants or cafes.

cl 6.28: Am 2017 (610), Sch 1 [8].

6.29 Short-term rental accommodation

(1)  The objective of this clause is to require development consent for short-term rental accommodation, unless certain conditions are met, in which case development consent is not required.

(2)  Despite any other provision of this Plan, development consent is required for short-term rental accommodation.

(3)  Despite subclause (2), development consent is not required for short-term rental accommodation if:

(a)  the dwelling house contains no more than 3 bedrooms, and

(b)  the dwelling house is connected to a reticulated sewerage system, and

(c)  the dwelling house is not located on land identified as “Bush fire prone land” on the Bush Fire Prone Land Map, and

(d)  the use does not interfere with the amenity of the neighbourhood by reason of the emission of noise or traffic generation.

(4)  In this clause:

short-term rental accommodation means a dwelling house, or part of a dwelling house, used for the purpose of tourist and visitor accommodation (other than bed and breakfast accommodation or farm stay accommodation) that is available for rent for a period of less than 60 consecutive days.

6.30 Horticulture in Zone E3

(1)  The objective of this clause is to manage the extent of horticulture permitted in Zone E3 Environmental Management.

(2)  Development consent must not be granted for development for the purpose of horticulture on land in Zone E3 Environmental Management unless the development does not exceed 2,500 square metres on any one lot.

(3)  Despite subclause (2), development consent must not be granted to development for the purpose of horticulture on the following land:

(a)  environmentally sensitive land,

(b)  land that is a protected area,

(c)  land within a water supply catchment.

(4)  In this clause, a protected area means land identified as any of the following:

(a)  “Protected area—Ecological buffer area” or “Protected area—Vegetation constraint area” on the Natural Resources—Biodiversity Map,

(b)  “Protected area—Landslide risk area” or “Protected area—Slope constraint area” on the Natural Resources—Land Map,

(c)  “Protected area—Riparian Land” or “Protected area—Watercourses” on the Riparian Lands and Watercourses Map,

(d)  “Protected area—Escarpment” or “Protected area—Land between towns” on the Scenic and Landscape Values Map.

6.31 Location of sex services premises

(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.

(2)  In deciding whether to grant development consent for development for the purposes of sex services premises, the consent authority must consider the following:

(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land:

(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone RE1 Public Recreation or Zone E4 Environmental Living, or

(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,

(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children:

(i)  that adjoins the development, or

(ii)  that can be viewed from the development, or

(iii)  from which a person can view the development.

cl 6.31: Am 2017 (493), Sch 1.2 [1].

Part 7 Additional local clauses—development in villages

7.1 Development in villages

Development consent must not be granted for development on land identified in this Part unless the consent authority is satisfied that the development on the land identified is consistent with the objectives specified for that development.

7.2 Blackheath Precinct

(1)  The objectives for development on land identified as “Blackheath Precinct B2-BH01” on the Built Character Map are as follows:

(a)  to maintain and enhance the distinctive pattern of continuous retail terraces and shop front houses that are interspersed by landmark buildings,

(b)  to maximise the diversity of retail and other business-related services provided to both the local community and visitors,

(c)  to accommodate permanent residents in shop top housing that promotes housing choice, incorporates high levels of residential amenity and encourages passive surveillance of streets and other public places,

(d)  to encourage increases in floor space that are consistent with the appearance and function of the town centre, with public access provided only via streets, laneways or car park frontages, rather than indoor arcades,

(e)  to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed during the early 20th century,

(f)  to maintain the established village character and modest scale of existing development,

(g)  to control building heights in order to protect the character of existing heritage-listed buildings and to follow the line of hillside topography.

(2)  The objectives for development on land identified as “Blackheath Precinct B2-BH02” on the Built Character Map are as follows:

(a)  to maintain and enhance the historically distinctive pattern of detached cottages that are surrounded by gardens and freestanding garages,

(b)  to accommodate a diverse mix of dwellings and retail and other business-related services that meet the needs of the local community and visitors,

(c)  to encourage modest increases in floor space that are consistent or compatible with the general scale, bulk and architectural character of existing single storey timber-framed cottages,

(d)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(e)  to encourage garden designs that are compatible with the established mix of deciduous and evergreen shrubs and trees throughout the surrounding area.

(3)  The objectives for development on land identified as “Blackheath Precinct B2-BH03” on the Built Character Map are as follows:

(a)  to maximise the diversity of retail and other business-related services provided to both the local community and visitors,

(b)  to encourage new development that will benefit from the high exposure and accessibility of the precinct, that is consistent or compatible with the scale and architectural character of existing buildings in neighbouring precincts and that protects the amenity of neighbouring residential properties,

(c)  to encourage restoration of traditional architectural forms and details of any existing early 20th century buildings,

(d)  to encourage garden designs that complement and extend the established pattern of tall canopy trees located along side and rear boundaries of properties,

(e)  to provide on-site parking that is visible from the Great Western Highway, provides safe access to and from that Highway, does not visually dominate any property’s frontage to that Highway and that is integrated with the design of surrounding garden areas.

(4)  The objectives for development on land identified as “Blackheath Precinct R3-BH04” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in the Blackheath village,

(b)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(c)  to maintain and enhance the distinctive existing pattern of detached cottages surrounded by gardens and freestanding garages by conserving existing trees that provide visually significant streetscape features and ensuring that landscaping complements and extends the established pattern of tall canopy trees that are located primarily along side and rear property boundaries,

(d)  to promote new residential buildings that are consistent or compatible with the scale, bulk and architectural character of existing single storey houses and cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages and houses,

(f)  to provide on-site parking that does not dominate the street frontage and is integrated with the design of surrounding garden areas.

(5)  The objectives for development on land identified as “Blackheath Precinct R3-BH05” on the Built Character Map are as follows:

(a)  to provide alternative housing forms in convenient locations,

(b)  to present urban forms that incorporate appropriate energy efficiency measures,

(c)  to promote urban design that is reflective and sympathetic to traditional built forms that are characteristic of residential development within the area,

(d)  to provide active street frontages to primary streets,

(e)  to contribute to a range of housing options and a variety of dwelling sizes,

(f)  to ensure that landscaping is incorporated within the design of development, reflecting the garden character of the area,

(g)  to ensure that on-site car parking does not dominate the design or layout of buildings.

(6)  The objectives for development on land identified as “Blackheath Precinct R1-BH06” on the Built Character Map are as follows:

(a)  to ensure that established historic gardens are retained and landscape settings are re-established as part of any development of land, including development involving major alterations and additions,

(b)  to minimise and mitigate the impact of development as viewed from any public place, including the adjoining public reserve to the north of the land,

(c)  to minimise and mitigate the impact of development on land in Zone E2 Environmental Conservation,

(d)  to preserve and re-establish native bushland in those areas adjoining land in Zone E2 Environmental Conservation where it is consistent with the protection of assets from bush fire,

(e)  to ensure that development is dispersed across the land to achieve a landscaped park setting.

cl 7.2: Am 2018 (722), Sch 1 [4].

7.3 Blaxland Precinct

(1)  The objectives for development on land identified as “Blaxland Precinct B2-BX01” on the Built Character Map are as follows:

(a)  to maximise the diversity of retail and other business-related services provided primarily to local communities,

(b)  to accommodate permanent residents in shop top housing that promote housing choice, incorporate high levels of residential amenity and encourage passive surveillance of streets and other public places,

(c)  to encourage increases in floor space that are consistent with the desired appearance and functions of the town centre and provide public access to interiors via streets, outdoor laneways or car park frontages, rather than indoor arcades,

(d)  to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed during the late 20th century,

(e)  to maintain the established village character and modest scale of existing development,

(f)  to control building heights to maintain existing National Park vistas from public places and to follow the line of sloping topography on hillside sites,

(g)  to provide landscaped frontages on Hope Street.

(2)  The objectives for development on land identified as “Blaxland Precinct R3-BX02” on the Built Character Map are as follows:

(a)  to promote an integrated redevelopment of the precinct that promotes visual and acoustic privacy,

(b)  to promote development that provides active street frontages to Layton Avenue.

(3)  The objectives for development on land identified as “Blaxland Precinct R3-BX03” on the Built Character Map are as follows:

(a)  to promote integrated development that retains a bushland character,

(b)  to ensure that development promotes visual and acoustic privacy,

(c)  to promote development that prohibits direct vehicular access to the Great Western Highway.

(4)  The objectives for development on land identified as “Blaxland Precinct R3-BX04” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Blaxland village,

(b)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(c)  to maintain and enhance the distinctive existing pattern of tall eucalypts that form a continuous canopy along back boundaries and provide visually significant streetscape features,

(d)  to promote new residential development with street frontages that are consistent or compatible with the general scale, bulk and architectural character of traditional single-storey weatherboard cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(f)  to control building heights to maintain existing National Park vistas from public places and to follow the line of sloping topography on hillside sites,

(g)  to provide landscaped frontages on Hope Street,

(h)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

7.4 Glenbrook Precinct

The objectives for development on land identified as “Glenbrook Precinct B1-GB01” on the Built Character Map are as follows:

(a)  to maintain a diverse range of small-scale business activities that service the local community and visitors to the Blue Mountains,

(b)  to maintain the modest scale and predominantly single storey appearance on Park and Ross Streets, in particular the varied pattern of individual shop fronts and converted cottages with garden courtyards,

(c)  to ensure that the height of future development preserves existing public vistas from Glenbrook Park and Park Street towards scenic National Park landscapes,

(d)  to encourage modest increases in business floor space, consistent with the desired appearance of the business village, the capacity of the surrounding road network and available centre parking,

(e)  to employ simple architectural forms and details that are either consistent or compatible with early 20th century weatherboard cottages or post-WWII strip shopping developments,

(f)  to provide for the coordinated design of business signage and shop fronts in accordance with a village theme,

(g)  to ensure that on-site car parking does not dominate streetscapes or restrict the potential to provide additional shop frontages.

7.5 Hazelbrook Precinct

(1)  The objectives for development on land identified as “Hazelbrook Precinct B2-HB01” on the Built Character Map are as follows:

(a)  to maximise the diversity of retail and other business-related services provided primarily to local communities,

(b)  to accommodate permanent residents in shop top housing that promote housing choice, incorporate high levels of residential amenity and encourage passive surveillance of streets and other public places,

(c)  to encourage increases in floor space that benefit from the precinct’s prominent visibility and accessibility, incorporate building designs that are consistent or compatible with the scale and architectural character of modern buildings in the precinct and protect the visual amenity and privacy of neighbouring residential properties,

(d)  to incorporate public car parking areas that are safe and attractively landscaped.

(2)  The objectives for development on land identified as “Hazelbrook Precinct R3-HB02” on the Built Character Map are as follows:

(a)  to retain a strip of mature radiata pines within the front setback of the precinct,

(b)  to promote redevelopment of the precinct for alternative residential forms that contribute to increasing housing choice in Hazelbrook.

(3)  The objectives for development on land identified as “Hazelbrook Precinct R3-HB03” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Hazelbrook village,

(b)  to promote high levels of residential amenity for both future residents and occupants of existing neighbouring properties,

(c)  to maintain and enhance the distinctive existing pattern of detached cottages surrounded by gardens and freestanding garages by conserving existing trees that provide visually significant streetscape features and complementing and extending the established pattern of tall canopy trees that are located primarily along property boundaries,

(d)  to promote new residential development that is consistent or compatible with the general scale, bulk and architectural character of existing single storey timber-framed cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(f)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(4)  The objectives for development on land identified as “Hazelbrook Precinct B1-HB04” on the Built Character Map are as follows:

(a)  to maintain and enhance the existing group of historic dwellings and commercial premises that reflect the proximity of the rail and road corridor,

(b)  to maintain and enhance the Victorian and early 20th century heritage significance of the precinct and the streetscape through retention of original and early fabric with sympathetic additions,

(c)  to promote sympathetic additions that respect the historic patterns, forms, heights, materials and details of the buildings and the sloping topography,

(d)  to limit development to the rear of the precinct to that which sensitively integrates with the residential neighbourhoods to the south and west through a hierarchy of building forms, heights and landscaping,

(e)  to promote and enhance pedestrian activity and an active and safe street frontage along Railway Parade.

7.6 Katoomba Precinct

(1)  The objectives for development on land identified as “Katoomba Precinct B2-KA01” on the Built Character Map are as follows:

(a)  to promote a diversity of retailing, commercial, community, cultural and residential uses that serve the community, business and tourists,

(b)  to promote a built form and scale that is consistent with that of the existing and adjacent streetscape,

(c)  to conserve buildings with heritage significance and protect the identified heritage value and character of other buildings in the precinct,

(d)  to promote active street frontages to all roads, lanes, footpaths and public areas,

(e)  to enhance pedestrian linkages within the village of Katoomba.

(2)  The objectives for development on land identified as “Katoomba Precinct B2-KA02” on the Built Character Map are as follows:

(a)  to promote the location of district-scale shopping facilities and services in the precinct,

(b)  to encourage a built form that exhibits a high quality urban design,

(c)  to enhance pedestrian linkages with adjacent precincts,

(d)  to provide for efficient management of vehicular access, parking and loading,

(e)  to minimise conflicts between pedestrians and vehicles,

(f)  to minimise vehicle access points from Parke and Waratah Streets,

(g)  to provide strong interfaces with Parke and Waratah Streets and the land identified as “Katoomba Precinct B2-KA06” on the Built Character Map.

(3)  The objectives for development on land identified as “Katoomba Precinct B2-KA03” on the Built Character Map are as follows:

(a)  to promote and maintain a mix of commercial, retail, residential and community uses that reinforce and support the role of the village of Katoomba,

(b)  to encourage infill development that is consistent with the existing traditional streetscape character of Katoomba Street,

(c)  to encourage development that reinforces the existing site topography,

(d)  to protect the amenity of adjacent residential areas,

(e)  to provide for the efficient management of vehicular access, parking and loading,

(f)  to provide active street frontages to all public streets and pedestrian areas.

(4)  The objectives for development on land identified as “Katoomba Precinct B2-KA04” on the Built Character Map are as follows:

(a)  to promote urban forms of the highest design quality and incorporate strong “gateway” and “town entry” urban design elements,

(b)  to encourage a mix of land uses that support and contribute to the role of the village of Katoomba,

(c)  to promote the economic viability of the village of Katoomba,

(d)  to promote the efficient operation of the precinct as a transport interchange,

(e)  to minimise conflicts between pedestrians and vehicles,

(f)  to promote pedestrian linkages to Yeaman’s Bridge and through the railway underpass,

(g)  to maintain important views to the town centre of Katoomba.

(5)  The objectives for development on land identified as “Katoomba Precinct B2-KA05” on the Built Character Map are as follows:

(a)  to enhance the entry to Katoomba and reflect the unique characteristics of the town centre,

(b)  to promote urban forms that are appropriate to the prominence of the location and that demonstrate urban design outcomes of the highest quality,

(c)  to conserve buildings with historic value and ensure infill development complements the character of existing historic buildings,

(d)  to encourage a mix of land uses that reinforce and support the activities of the town centre,

(e)  to promote efficient vehicle movement to and from Yeaman’s Bridge,

(f)  to enhance pedestrian linkages with other precincts in the village of Katoomba.

(6)  The objectives for development on land identified as “Katoomba Precinct B2-KA06” on the Built Character Map are as follows:

(a)  to create a viable, integrated civic and commercial development that will provide both a cultural facility and a major retail outlet with a sufficient range of activities to ensure a lively public realm,

(b)  to contribute to the creation of a cohesive town centre through the provision of accessible links through and to the site from the main streets,

(c)  to ensure the design will make a positive contribution to the Katoomba streetscape, particularly in relation to design quality, compatible scale of building elements and presentation to public places,

(d)  to provide inviting, readily accessible and safe public spaces through provision of public art and displays, active street frontages and passive surveillance,

(e)  to ensure that the precinct is easily recognisable as a major public cultural facility,

(f)  to protect and conserve the heritage significance of the cultural landscape, including heritage items and the adjacent urban conservation area, particularly the Carrington Hotel,

(g)  to recognise the cultural and historical significance of the site’s association with the first private house in Katoomba and public schooling,

(h)  to acknowledge the visual prominence of the site and promote public access to views of the Jamison Valley and Frank Walford Park,

(i)  to provide a major underground car parking facility.

(7)  The objectives for development on land identified as “Katoomba Precinct R1-KA07” on the Built Character Map are as follows:

(a)  to encourage a range of land uses that reinforce this precinct’s historical association with tourist-related activities,

(b)  to maintain the existing scale of built form that is predominant in this precinct,

(c)  to promote development that is sympathetic to the historical buildings in the precinct,

(d)  to promote pedestrian-related uses on street frontages that reinforce the tourist walk linkage between the town centre and Echo Point.

(8)  The objectives for development on land identified as “Katoomba Precinct R1-KA08” on the Built Character Map are as follows:

(a)  to encourage development that complements the existing built form and that responds to the topography of the location,

(b)  to encourage active street frontages that enhance pedestrian amenity,

(c)  to promote pedestrian linkages to the town centre.

(9)  The objectives for development on land identified as “Katoomba Precinct R1-KA09” on the Built Character Map are as follows:

(a)  to encourage development that complements the existing diverse built form and retains the landscaped setting,

(b)  to ensure that development maintains and complements the heritage significance of the precinct,

(c)  to encourage active street frontages that enhance pedestrian amenity,

(d)  to promote pedestrian linkages to the town centre.

(10)  The objectives for development on land identified as “Katoomba Precinct R3-KA10” on the Built Character Map are as follows:

(a)  to promote well-designed development that addresses the Great Western Highway through articulation of front facades,

(b)  to consolidate the urban form by encouraging development that reflects and is sympathetic to the examples of distinctive mountain cottages that are characteristic of the area,

(c)  to contribute to the creation of alternative housing forms in close proximity to services and transport,

(d)  to ensure that pedestrian amenity and access to and within the precinct is incorporated in the design of development,

(e)  to ensure that development incorporates landscape elements that respond to the prominent location of the precinct,

(f)  to ensure that on-site car parking does not dominate the design or the layout of buildings.

(11)  The objectives for development on land identified as “Katoomba Precinct R3-KA11” on the Built Character Map are as follows:

(a)  to encourage a range of housing types that are sympathetic in design and form to the surrounding historical cottages on land identified as “Period Housing Area” on the Built Character Map,

(b)  to enhance pedestrian linkages to Station Street.

(12)  The objectives for development on land identified as “Katoomba Precinct R3-KA12” on the Built Character Map are as follows:

(a)  to maintain and promote the Renaissance Centre as a visually significant landmark,

(b)  to allow opportunities for infill development at the rear of the precinct that is sympathetic to the heritage significance of the Renaissance Centre,

(c)  to encourage the incorporation of pedestrian access through the precinct from Bowling Green Avenue to Station Street,

(d)  to encourage development that is sympathetic to the predominance of pre-1946 mountains cottages adjoining the precinct,

(e)  to retain existing mature vegetation and provide for the incorporation of landscape elements into the design of development.

(13)  The objectives for development on land identified as “Katoomba Precinct R3-KA13” on the Built Character Map are as follows:

(a)  to promote development that complements and is sympathetic to the heritage value of buildings and public areas adjacent to, and in, the precinct,

(b)  to allow for the development of alternative housing forms that respond to the topography of the precinct in an environmentally sensitive manner,

(c)  to encourage design of living spaces in residential development that allows for passive surveillance over Kingsford Smith Park,

(d)  to promote pedestrian linkages from development to Kingsford Smith Park and adjoining streets.

(14)  The objectives for development on land identified as “Katoomba Precinct R3-KA14” on the Built Character Map are as follows:

(a)  to encourage a variety of residential building forms that contribute to increasing housing choice in Katoomba,

(b)  to promote development that is of a high quality and that complements and is consistent with the existing heritage values and streetscape character of the precinct,

(c)  to promote and maintain existing public laneways and pedestrian links to Katoomba Street,

(d)  to retain existing pre-1946 housing forms,

(e)  to allow for home-based employment opportunities.

(15)  The objectives for development on land identified as “Katoomba Precinct R3-KA15” on the Built Character Map are as follows:

(a)  to encourage a variety of residential development forms that contribute to increasing housing choice in Katoomba,

(b)  to promote small business and home-based employment opportunities,

(c)  to protect the residential amenity of the precinct,

(d)  to conserve existing and significant remnant vegetation,

(e)  to encourage infill development that is consistent and compatible with the existing built form,

(f)  to enhance pedestrian links in the village of Katoomba.

(16)  The objectives for development on land identified as “Katoomba Precinct R3-KA16” on the Built Character Map are as follows:

(a)  to retain and promote well-designed buildings that address the Great Western Highway, Camp Street and Orient Street, and are complemented by vegetative screening,

(b)  to ensure a development design that produces a transition in height and density of buildings through the precinct from the existing building to the low density residential development to the immediate west,

(c)  to contribute to the creation of alternative housing forms in close proximity to services and transport,

(d)  to ensure pedestrian amenity and access to and within the precinct is incorporated in the design of development,

(e)  to retain and enhance the existing amenity of the adjoining residential area by providing screen planting around the perimeter of the precinct,

(f)  to ensure that on-site car parking does not dominate the design or the layout of buildings.

(17)  The objectives for development on land identified as “Katoomba Precinct R3-KA17” on the Built Character Map are as follows:

(a)  to provide opportunities for a range of housing options and a variety of dwelling sizes,

(b)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(c)  to create a residential character in the precinct that is consistent or compatible with the general scale, bulk and architectural character of existing residential development in the area,

(d)  to control building heights, setbacks and forms to minimise the visual impact of development when viewed from a public place and to maximise residential amenity and take advantage of scenic views,

(e)  to retain bushland frontages to the street and to provide landscaping that filters views of the buildings from the golf course and from distant view points,

(f)  to promote future development of residential buildings within garden settings that retain the existing pattern of tall canopy trees as a scenically distinctive backdrop along the ridgeline of Narrow Neck Road to create a buffer to Glencoe Road,

(g)  to provide on-site parking that does not dominate the street frontage and is integrated with the design of surrounding garden areas,

(h)  to provide vehicular and pedestrian access to the existing street network.

(18)  The objectives for development on land identified as “Katoomba Precinct R1-KA18” on the Built Character Map are as follows:

(a)  to retain and enhance the primary views and vistas of Lilianfels House from Echo Point Road and Panorama Drive and within the eastern grounds,

(b)  to retain and enhance the generous historic garden setting and primary curtilage of Lilianfels House,

(c)  to retain and enhance the mature exotic stands of trees and dense hedged screening from Echo Point Road and Lilianfels Avenue,

(d)  to retain and enhance the long-distance views and vistas through the precinct from Echo Point Road and Lilianfels Avenue to the escarpment beyond,

(e)  to promote sympathetic alterations and additions in the precinct in line with its State heritage significance and as a key tourist location.

(19)  The objectives for development on land identified as “Katoomba Precinct R1-KA19” on the Built Character Map are as follows:

(a)  to retain the mature trees on the land and retain and enhance the garden setting as viewed from Echo Point Road and Forester Road,

(b)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas,

(c)  to ensure that development complements and is sympathetic to the heritage significance of neighbouring heritage items and areas,

(d)  to promote high levels of residential amenity for any future residents and existing neighbouring properties.

(20)  The objectives for development on land identified as “Katoomba Precinct RE2/SP3-KA20” on the Built Character Map are as follows:

(a)  to minimise and mitigate the impact of development on land in Zone E1 National Parks and Nature Reserves and Zone E2 Environmental Conservation,

(b)  to minimise and mitigate the impact of development as viewed from any public place, including but not limited to Echo Point,

(c)  to protect the amenity of adjacent residential areas,

(d)  to maintain existing pedestrian access between the Scenic World site and existing walking tracks in the adjoining national park.

cl 7.6: Am 2018 (722), Sch 1 [5].

7.7 Lawson Precinct

(1)  The objectives for development on land identified as “Lawson Precinct B2-LA01” on the Built Character Map are as follows:

(a)  to maximise the diversity of retail and other business-related services provided primarily to local communities,

(b)  to accommodate permanent residents in shop top housing that promote housing choice, incorporate high levels of residential amenity and encourage passive surveillance of streets and other public places,

(c)  to encourage increases in floor space that are consistent with the desired appearance and functions of the town centre with public access to interiors provided only via streets, outdoor laneways or car park frontages, rather than indoor arcades,

(d)  to provide places that serve as a focus of community and civic gatherings.

(2)  The objectives for development on land identified as “Lawson Precinct R3-LA02” on the Built Character Map are as follows:

(a)  to ensure that future development retains the dominance of the Stratford Girls School tower,

(b)  to ensure that development is appropriate to the heritage significance of the precinct and the surrounding heritage conservation area,

(c)  to minimise the impact of development on land in Zone E2 Environmental Conservation.

(3)  The objectives for development on land identified as “Lawson Precinct R3-LA03” on the Built Character Map are as follows:

(a)  to maintain the buildings that are heritage items and provide an appropriate curtilage around the buildings of heritage significance in the precinct,

(b)  to promote residential infill development that complements and is sympathetic to the historic character of the surrounding area,

(c)  to maintain views to public buildings of heritage significance,

(d)  to continue public usage of Council offices,

(e)  to minimise the impact of development on land in Zone E2 Environmental Conservation.

(4)  The objectives for development on land identified as “Lawson Precinct R3-LA04” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Lawson village,

(b)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(c)  to conserve significant bushland and garden character,

(d)  to promote new residential buildings that, when viewed from the street, will have a form that is consistent or compatible with the general scale, bulk and architectural character of traditional single storey weatherboard cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(f)  to control building heights to follow the line of sloping topography on hillside sites,

(g)  to provide on-site parking that does not dominate the street frontage.

7.8 Leura Precinct

(1)  The objectives for development on land identified as “Leura Precinct B2-LE01” on the Built Character Map are as follows:

(a)  to promote a diversity of retailing and other commercial, community, cultural and residential uses that serve the community, business and tourists,

(b)  to promote a built form and scale that is consistent with that of the existing and adjacent streetscape,

(c)  to conserve buildings with heritage significance and protect the identified heritage value and character of other buildings in the precinct,

(d)  to promote active street frontages to all roads, lanes, footpaths and public areas,

(e)  to promote Leura’s role as a tourist destination,

(f)  to enhance pedestrian linkages in the village of Leura.

(2)  The objectives for development on land identified as “Leura Precinct R1-LE02” on the Built Character Map are as follows:

(a)  to promote built forms of the highest design quality and incorporate strong “gateway” and “town entry” urban design elements,

(b)  to encourage a mix of land uses that support and contribute to the tourist role of Leura village,

(c)  to enhance pedestrian linkages in the precinct,

(d)  to promote the conservation of important items of cultural heritage,

(e)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(3)  The objectives for development on land identified as “Leura Precinct R1-LE03” on the Built Character Map are as follows:

(a)  to promote the tourism role of Leura village,

(b)  to accommodate a diverse mix of dwellings and retail and other business-related services that service the local community as well as visitors,

(c)  to maintain and enhance the historically distinctive pattern of detached cottages that are surrounded by gardens and freestanding garages by conserving existing trees that provide visually significant streetscape features and ensuring that landscaping complements and extends the established pattern of tall canopy trees that are located primarily alongside property boundaries,

(d)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(e)  to promote new buildings that are consistent or compatible with the scale, bulk and architectural character of existing houses and cottages,

(f)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages and houses,

(g)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(4)  The objectives for development on land identified as “Leura Precinct R3-LE04” on the Built Character Map are as follows:

(a)  to maintain and integrate existing pre-1946 housing stock with any proposed development,

(b)  to promote infill development that provides a range of housing types and sizes,

(c)  to promote development that is of a high quality and that complements and is consistent with the existing streetscape character of the precinct,

(d)  to ensure that appropriate landscaping elements are incorporated into any proposed development in order to screen and minimise the bulk of development.

(5)  The objectives for development on land identified as “Leura Precinct R3-LE05” on the Built Character Map are as follows:

(a)  to minimise the impact of development on watercourse buffers in the area,

(b)  to encourage the location of a range of housing types,

(c)  to promote the design of development that is sympathetic to traditional mountain cottages in the area,

(d)  to minimise the impact of development as viewed from Megalong Street.

(6)  The objectives for development on land identified as “Leura Precinct R3-LE06” on the Built Character Map are as follows:

(a)  to accommodate a diverse mix of dwellings, and retail and other business-related services that service the local community as well as visitors,

(b)  to maintain and enhance the historically distinctive pattern of detached cottages that are surrounded by gardens and freestanding garages by conserving existing trees that provide visually significant streetscape features and ensuring that landscaping complements and extends the established pattern of tall canopy trees that are located primarily alongside property boundaries,

(c)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(d)  to promote new residential development that is consistent or compatible with the scale, bulk and architectural character of existing houses and cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages and houses,

(f)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(7)  The objectives for development on land identified as “Leura Precinct SP3-LE07” on the Built Character Map are as follows:

(a)  to minimise and mitigate the impact of development on land in Zone E1 National Parks and Nature Reserves and Zone E2 Environmental Conservation,

(b)  to minimise and mitigate the impact of development as viewed from any public place, including but not limited to the Blue Mountains National Park.

(8)  The objectives for development on land identified as “Leura Precinct R1-LE08” on the Built Character Map are as follows:

(a)  to ensure that established gardens are retained or landscape settings are re-established as part of any development of the land, including development involving major alterations and additions,

(b)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas,

(c)  to promote high levels of residential amenity for any future residents and existing neighbouring properties.

cl 7.8: Am 2018 (722), Sch 1 [6].

7.9 Medlow Bath Precinct

The objectives for development on land identified as “Medlow Bath Precinct SP3-MB01” on the Built Character Map are as follows:

(a)  to encourage development that complements and is sympathetic to the heritage significance of the Hydro Majestic,

(b)  to encourage development that maintains the Hydro Majestic as the predominant feature in the precinct,

(c)  to minimise the impact of development on escarpment areas,

(d)  to minimise and mitigate the impact of development on land in Zone E2 Environmental Conservation,

(e)  to enhance the traditional streetscape character and gardens that contribute to the attraction of the area for residents and visitors,

(f)  to provide for low-impact development adjacent to residential areas and areas with special ecological, scientific or aesthetic values.

cl 7.9: Subst 2018 (722), Sch 1 [7].

7.10 Mount Victoria Precinct

(1)  The objectives for development on land identified as “Mount Victoria Precinct B1-MV01” on the Built Character Map are as follows:

(a)  to maintain and enhance the locally distinctive pattern of traditional cottages, shop fronts and heritage-listed landmark buildings,

(b)  to maximise the diversity of retail and other business-related services provided to the local community and visitors,

(c)  to encourage modest increases in floor space consistent with the heritage values of existing buildings and the heritage character of the surrounding precincts,

(d)  to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed between the mid 19th and early 20th centuries,

(e)  to promote pedestrian activity along frontages to the Great Western Highway via shop fronts, verandahs and front garden courtyards.

(2)  The objectives for development on land identified as “Mount Victoria Precinct R1-MV02” on the Built Character Map are as follows:

(a)  to maintain and enhance the distinctive pattern of buildings in garden settings, particularly heritage-listed cottages, shop front terraces and landmark guest houses,

(b)  to maximise the diversity of retail services and accommodation available for visitors and the local community,

(c)  to encourage modest increases in floor space, consistent with the heritage values of existing buildings and the heritage character of the surrounding precincts,

(d)  to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed between the mid 19th and early 20th centuries,

(e)  to conserve the established pattern of trees and shrubs that contribute to the heritage value of individual buildings or to the precinct’s unique character.

(3)  The objectives for development on land identified as “Mount Victoria Precinct R1-MV03” on the Built Character Map are as follows:

(a)  to reflect the distinctive pattern of buildings in garden settings in the neighbouring Station Street Precinct, particularly heritage-listed cottages, shop front terraces and landmark guest houses,

(b)  to maximise the diversity of accommodation available for visitors and permanent residents in the Mount Victoria village,

(c)  to promote future development of residential-style buildings in garden settings that retain the existing pattern of tall canopy trees as a scenically distinctive backdrop to the Great Western Highway,

(d)  to provide high levels of residential amenity for both future residents and existing neighbouring properties,

(e)  to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing landmark guest houses constructed between the late 19th and early 20th centuries.

7.11 Springwood Precinct

(1)  The objectives for development on land identified as “Springwood Precinct B2-SP01” on the Built Character Map are as follows:

(a)  to maintain and enhance the distinctive traditional pattern of continuous retail terraces interspersed by landmark buildings,

(b)  to maximise the diversity of retail and other business-related services provided primarily to local communities,

(c)  to accommodate permanent residents in shop top housing that promotes housing choice, incorporates high levels of residential amenity and encourages passive surveillance of streets and other public places,

(d)  to encourage increases in floor space that are consistent with the desired appearance and functions of the town centre and to which public access is provided via streets, laneways or car park frontages, rather than indoor arcades,

(e)  to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed during the early 20th century,

(f)  to maintain the established village character and modest scale of existing development,

(g)  to control building heights to maintain existing National Park vistas from public places and to follow the line of sloping topography on hillside sites,

(h)  to provide landscaped frontages along Springwood Avenue.

(2)  The objectives for development on land identified as “Springwood Precinct R3-SP02” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Springwood village,

(b)  to promote high levels of residential amenity for both future residents and occupants of existing neighbouring properties,

(c)  to maintain and enhance the distinctive existing pattern of detached cottages surrounded by gardens and freestanding garages through the conservation of existing trees that provide visually significant streetscape features and by complementing and extending the established pattern of tall canopy trees that are located primarily along property boundaries,

(d)  to promote new residential development that is consistent or compatible with the general scale, bulk and architectural character of existing single storey timber-framed cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(f)  to control building heights that are appropriate to a town centre gateway facing Ferguson Road and the Great Western Highway and that follow the line of hillside topography,

(g)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(3)  The objectives for development on land identified as “Springwood Precinct R3-SP03” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Springwood village,

(b)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(c)  to maintain and enhance the distinctive existing pattern of detached cottages surrounded by gardens with tall canopy trees that provide visually significant streetscape features,

(d)  to promote new residential development that is consistent or compatible with the general scale, bulk and architectural character of existing single storey weatherboard cottages,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(f)  to control building heights to follow the line of hillside topography,

(g)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(4)  The objectives for development on land identified as “Springwood Precinct R3-SP04” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Springwood village,

(b)  to promote high levels of residential amenity for both future residents and occupants of existing neighbouring properties,

(c)  to ensure that site coverage by buildings and site works minimises disturbance to hillside topography and to the associated pattern of tall eucalypts located along property boundaries,

(d)  to maintain effective landscape buffers facing Fairy Dell and Springwood Avenue to protect the natural amenity of that reserve and to provide a green backdrop to the neighbouring town centre,

(e)  to promote new apartments that are designed to blend with the bushland setting,

(f)  to control building heights to minimise visual impacts on the neighbouring bushland reserve and to follow the line of hillside topography,

(g)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

(5)  The objectives for development on land identified as “Springwood Precinct R3-SP05” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential accommodation available in Springwood village,

(b)  to promote high levels of residential amenity for both future residents and existing neighbouring properties,

(c)  to establish apartment buildings in landscaped settings that both complement and extend the established pattern of tall eucalypts along the southern side of Macquarie Street,

(d)  to promote new residential buildings with well-articulated forms and roof lines, incorporating traditional design elements of existing cottages along Macquarie Street,

(e)  to encourage restoration of traditional architectural forms and details for existing early 20th century cottages,

(f)  to control building heights by requiring them to be appropriate to a town centre gateway facing Ferguson Road and the Great Western Highway and to follow the line of hillside topography,

(g)  to provide on-site parking that does not dominate the street frontage and that is integrated with the design of surrounding garden areas.

7.12 Wentworth Falls Precinct

(1)  The objectives for development on land identified as “Wentworth Falls Precinct B2-WF01” on the Built Character Map are as follows:

(a)  to maintain and enhance the distinctive pattern of continuous retail terraces,

(b)  to maximise the diversity of retail and other business-related services provided to both the local community and visitors,

(c)  to accommodate permanent residents in shop top housing that promotes housing choice, incorporates high levels of residential amenity and encourages passive surveillance of streets and other public places,

(d)  to encourage modest increases in floor space that are consistent with the appearance and functions of the town centre, that incorporate new retail frontages along Plantation Street and existing laneways, and that are generally accessed by the public via streets, laneways or car park frontages, rather than via indoor arcades,

(e)  to encourage future building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed during the early 20th century,

(f)  to maintain the established village character and modest scale of existing development,

(g)  to control building heights to protect the character of existing heritage-listed buildings, to provide a scenically-appropriate backdrop to the neighbouring watercourse and swamp communities and to follow the line of hillside topography.

(2)  The objectives for development on land identified as “Wentworth Falls Precinct R3-WF02” on the Built Character Map are as follows:

(a)  to provide alternative housing forms in close proximity to Wentworth Falls shops,

(b)  to retain a substantial buffer of vegetation adjoining the Great Western Highway,

(c)  to encourage development that is sympathetic to and complements the adjoining heritage items.

(3)  The objectives for development on land identified as “Wentworth Falls Precinct R3-WF03” on the Built Character Map are as follows:

(a)  to provide alternative housing forms in close proximity to Wentworth Falls shops,

(b)  to encourage development that is sympathetic to and complements the adjoining heritage items,

(c)  to provide pedestrian access to the Great Western Highway.

7.13 Winmalee Precinct

(1)  The objectives for development on land identified as “Winmalee Precinct B2-WL01” on the Built Character Map are as follows:

(a)  to maximise the diversity of retail and other business-related services provided primarily to local communities,

(b)  to accommodate permanent residents in shop top housing that promotes housing choice, incorporates high levels of residential amenity and encourages passive surveillance of streets and other public places,

(c)  to encourage modest increases in floor space that incorporate building designs that are consistent or compatible with the scale and architectural character of modern buildings in the centre and that protect the visual amenity and privacy of neighbouring residential properties,

(d)  to incorporate public car parking areas that are safe and attractively landscaped,

(e)  to ensure that the scale and character of future buildings is compatible with the adjoining residential neighbourhood,

(f)  to ensure that further development of the precinct facilitates the preservation of the heritage-listed Bunya Pines, particularly in relation to siting and associated activities that may be incompatible with the maintenance of such trees.

(2)  The objectives for development on land identified as “Winmalee Precinct R3-WL02” on the Built Character Map are as follows:

(a)  to maximise the diversity of residential, medical and other professional services provided primarily to local communities,

(b)  to accommodate permanent residents in dwellings that promote housing choice, incorporate high levels of residential amenity and encourage passive surveillance of streets and other public places,

(c)  to encourage modest increases in floor space that incorporate building designs that are consistent or compatible with the scale and architectural character of modern buildings in the neighbouring town centre and that protect the visual amenity and privacy of neighbouring residential properties,

(d)  to incorporate car parking areas that are safe and attractively landscaped,

(e)  to ensure that the scale and character of future buildings is compatible with the adjoining residential neighbourhood.

Part 8 Site specific provisions

pt 8 (cl 8.1): Ins 2018 (722), Sch 1 [8].

8.1 Preservation of certain existing landscaped area

(1)  The objective of this clause is to preserve the existing landscaped area on the land to which this clause applies.

(2)  This clause applies to land at 132–174 Govetts Leap Road, Blackheath, being Lot 1, DP 840261.

(3)  Development consent must not be granted to development on land to which this clause applies unless at least 75% of the land will be preserved as pervious area.

(4)  In this clause:

pervious area means any part of a site on which water infiltrates into the subsoil, excluding any area of land used as a driveway or any other hard surface (other than rainwater tanks, unroofed areas of spaced decking and swimming pools).

pt 8 (cl 8.1): Ins 2018 (722), Sch 1 [8].

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at 41–69 Mount Blackheath Road, Blackheath

(1)  This clause applies to land at 41–69 Mount Blackheath Road, Blackheath, being Lot 1, DP 603618.

(2)  Development for the purpose of subdivision to create 2 lots is permitted with development consent.

2 Use of certain land at 169–171 Shipley Road, Blackheath

(1)  This clause applies to land at 169–171 Shipley Road, Blackheath, being Lot 1, DP 328231.

(2)  Development for the purpose of subdivision to create 2 lots is permitted with development consent.

3 Use of certain land at 174–184 Shipley Road, Blackheath

(1)  This clause applies to land at 174–184 Shipley Road, Blackheath, being Lot 42, DP 751647.

(2)  Development for the purpose of subdivision to create 2 lots is permitted with development consent.

4 Use of certain land at 132–158 Grose Road, Faulconbridge

(1)  This clause applies to land at 132–158 Grose Road, Faulconbridge, being Lot 41, DP 614720.

(2)  Development for the purpose of extractive industries is permitted with development consent.

(3)  Development for the purpose of subdivision is permitted with development consent if the consent authority is satisfied that:

(a)  within 2 years after the commencement of this Plan, a mining and restoration plan prepared by a suitably qualified person adequately specifies how the land is to be restored for the purpose of the subdivision, and

(b)  the work specified in the mining and restoration plan has been substantially completed.

5 Use of certain land at 119 Cliff Drive, Katoomba

(1)  This clause applies to land at 119 Cliff Drive, Katoomba, being Lot 5, DP 222736.

(2)  Development for the purpose of tourist and visitor accommodation is permitted with development consent.

6 Use of certain land at 173–179 Great Western Highway, Katoomba

(1)  This clause applies to land at 173–179 Great Western Highway, Katoomba, being Lots 1 and 2, DP 131070 and Lots A and B, DP 317552.

(2)  Development for the purpose of a health services facility is permitted with development consent.

7 Use of certain land at 171 Lurline Street, Katoomba

(1)  This clause applies to land at 171 Lurline Street, Katoomba, being Lot 27, DP 2946.

(2)  Development for the purpose of commercial premises is permitted with development consent.

8 Use of certain land at 41 Violet Street, Katoomba

(1)  This clause applies to land at 41 Violet Street, Katoomba, being Lot 1, DP 1121828.

(2)  Development for the purpose of tourist and visitor accommodation is permitted with development consent.

9 Use of certain land at 61 and 63 Kings Road and 36 Mount Street, Leura

(1)  This clause applies to land at 61 and 63 Kings Road and 36 Mount Street, Leura, being Lots 1 and 2, DP 1009510 and Lot 1, Section 9, DP 5140.

(2)  Development for the purpose of tourist and visitor accommodation is permitted with development consent.

10 Use of certain land at 1–17 Kitchener Road, Leura

(1)  This clause applies to land at 1–17 Kitchener Road, Leura, being Lot 114, DP 751646.

(2)  Development for the purpose of a crematorium and cemetery is permitted with development consent.

11 Use of certain land at 7 Huntley Grange Road, Springwood

(1)  This clause applies to land at 7 Huntley Grange Road, Springwood, being Lots 178–181 and 217–219, DP 16995 and Lots 33–41 and 47–55, DP 27035.

(2)  Development for the purpose of a health services facility is permitted with development consent.

12 Use of certain land at 18 Mitchell Street, Wentworth Falls

(1)  This clause applies to land at 18 Mitchell Street, Wentworth Falls, being Lot 1, DP 502471.

(2)  Development for the purpose of a car park is permitted with development consent.

13 Use of certain land at 80–104 Railway Parade, Wentworth Falls

(1)  This clause applies to land at 80–104 Railway Parade, Wentworth Falls, being Lots 1–67, 73–89 and 90–91, DP 7988 and Lot 92, DP 7988 (formerly George, King and Mary Streets).

(2)  Development for the purpose of a dwelling house is permitted with development consent if all the lots are consolidated into a single lot.

14 Use of certain land at 106–120 Railway Parade, Wentworth Falls

(1)  This clause applies to land at 106–120 Railway Parade, Wentworth Falls, being Lots 68–72, DP 7988.

(2)  Development for the purpose of a dwelling house is permitted with development consent if all the lots are consolidated into a single lot.

15 Use of certain land at 66 Singles Ridge Road, Winmalee

(1)  This clause applies to land at 66 Singles Ridge Road, Winmalee, being Lot 48, DP 218261.

(2)  Development for the purpose of extractive industries is permitted with development consent.

16 Use of certain land at 4 Merriwa Street, Katoomba

(1)  This clause applies to land at 4 Merriwa Street, Katoomba, being Lot 1, DP 124212.

(2)  Development for the purpose of a registered club is permitted with development consent.

17 Use of certain land at 4–12 Violet Street, Katoomba

(1)  This clause applies to land at 4–12 Violet Street, Katoomba, being Lot 1, DP 1034347 (other than land within Zone E2 Environmental Conservation).

(2)  Development for the purpose of tourist and visitor accommodation is permitted with development consent.

18 Use of certain land at 67–69 Prince Edward St, Blackheath

(1)  This clause applies to land at 67–69 Prince Edward St, Blackheath, being Lots 1 and 2, Sec 16, DP 758115 and Lots 8–10, DP 131091.

(2)  Development for the purpose of an eco-tourist facility is permitted with development consent.

19 Use of certain land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura

(1)  This clause applies to land at 74 Gladstone Road, 3 Chambers Road and 16–18 and 20–28 Fitzroy Street, Leura, being Lots 3 and 8–14, Sec 1, DP 4305, Lots A–D, DP 385345, Lot 1, DP 1116868, Lot 1, DP 940336, Lot 2, DP 184184, Lot 3, DP 1097665, Lot A, DP 315787 and Lot A, DP 414796.

(2)  Development for the purpose of an educational establishment is permitted with development consent.

sch 1: Am 2017 (610), Sch 1 [9]; 2018 (10), cl 4; 2018 (722), Sch 1 [9].

Schedule 2 Exempt development

(Clause 3.1)

Note 1—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.

Note 2—

Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

(When this Plan was made this Schedule was blank)

Schedule 3 Complying development

(Clause 3.2)

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.

Part 1 Types of development

(When this Plan was made this Part was blank)

Part 2 Complying development certificate conditions

Note—

Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Schedule 4 Classification and reclassification of public land

(Clause 5.2)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1	Column 2
Locality	Description
Nil

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Nil

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description
Nil

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Suburb	Item	Address	Property Description	Significance	Item no
Bell	Holly Lodge	72–90 Bells Line of Road	Lot 2, DP 1028912	Local	BELL003
Bell	Bells Line of Road	Blue Mountains National Park		Local	BELL001
Bell	Grose Gorge	Blue Mountains National Park		Local	BELL005
Bell	Pierces Pass	Blue Mountains National Park		Local	BELL006
Bell	Water Trough Hill	Blue Mountains National Park		Local	BELL004
Bell	Bell Railway Station	79P Chifley Road	PTT. MS 448.3090	Local	BELL007
Berambing	Burando and shed	17–19 and 21–27 Berambing Crescent	Lot 2, DP 835429; Lot 1, DP 835429	Local	MT004
Blackheath	St Mounts	1A and 3 Abbott Street and 194–196 Great Western Highway	Lots 1 and 2, DP 622465; Lot A, DP 348276; Lot 1, Section 1, DP 1941	Local	BH052
Blackheath	Currong	13–15 Ada Road	Lots 7 and 8, Section 1, DP 1179	Local	BH066
Blackheath	Magellan	18–20 Ada Road	Lots 10–12, Section 2, DP 1179	Local	BH068
Blackheath	Majorca	22–24 Ada Road	Lots 13 and 14, Section 2, DP 1179	Local	BH069
Blackheath	Montana	37 Ada Road	Lots 19 and 20, Section 1, DP 1179	Local	BH071
Blackheath	Centennial Glen	18–152 Birdwood Avenue	Lot 7006, DP 1126180	Local	BH021
Blackheath	Anvil Rock	Blue Mountains National Park		Local	BH006
Blackheath	Baltzer Lookout	Blue Mountains National Park		Local	BH005
Blackheath	Blackheath Walls	Blue Mountains National Park		Local	BH007
Blackheath	Blue Gum Forest	Blue Mountains National Park		Local	BH010
Blackheath	Braeside Walk	Blue Mountains National Park		Local	BH019
Blackheath	Bridal Veil Falls	Blue Mountains National Park		Local	BH016
Blackheath	Evans Lookout	Blue Mountains National Park		Local	BH011
Blackheath	George Phillips Lookout	Blue Mountains National Park		Local	BH015
Blackheath	Govetts Brook	Blue Mountains National Park		Local	BH018
Blackheath	Govetts Leap Lookout	Blue Mountains National Park		Local	BH025
Blackheath	Grand Canyon	Blue Mountains National Park		Local	BH020
Blackheath	Griffith Taylor Walls	Blue Mountains National Park		Local	BH004
Blackheath	Horse Shoe Falls	Blue Mountains National Park		Local	BH012
Blackheath	Old Road to Mt Banks	Blue Mountains National Park		Local	BH116
Blackheath	Perrys Lookdown	Blue Mountains National Park		Local	BH002
Blackheath	Mount Banks Walls	Blue Mountains National Park		Local	BH008
Blackheath	Neates Glen	Blue Mountains National Park		Local	BH014
Blackheath	Rodriguez Pass	Blue Mountains National Park		Local	BH017
Blackheath	Track—Evan’s Lookout to Neate’s Glen	Blue Mountains National Park		Local	BH111
Blackheath	Track—Govett’s Leap Lookout to the bottom of Bridal Veil Falls	Blue Mountains National Park		Local	BH106
Blackheath	Track—Govett’s Leap Lookout to Evan’s Lookout	Blue Mountains National Park		Local	BH115
Blackheath	Track—Govett’s Leap Lookout to Popes Glen to Memorial Park	Blue Mountains National Park		Local	BH104
Blackheath	Track—Govett’s Leap Lookout to Pulpit Rock	Blue Mountains National Park		Local	BH103
Blackheath	Track—Govett’s Leap Lookout to top of Bridal Veil Falls to Govett’s Leap Lookout	Blue Mountains National Park		Local	BH113
Blackheath	Track—bottom of Bridal Veil Falls to The Jungle and Horseshoe Falls	Blue Mountains National Park		Local	BH107
Blackheath	Track—Grand Canyon to Old Point Pilcher	Blue Mountains National Park		Local	BH114
Blackheath	Track—horse track alternative to Rodriguez Pass	Blue Mountains National Park		Local	BH110
Blackheath	Track—Junction Rock to Blue Gum Forest	Blue Mountains National Park		Local	BH108
Blackheath	Track—Rodriguez Pass	Blue Mountains National Park		Local	BH109
Blackheath	Track to Walls Cave	Blue Mountains National Park		Local	BH112
Blackheath	Windswept Cave	Blue Mountains National Park		Local	BH009
Blackheath	California bungalow	1–3 Bradley Avenue	Lot 9, DP 11179	Local	BH146
Blackheath	Baptist Church	6 Bundarra Street	Lot 1, DP 930459; Lot 1, DP 133165; Lot 101, DP 132194	Local	BH040
Blackheath	Corner cottage	66 Clanwilliam Street	Lot 4, DP 5641	Local	BH147
Blackheath	Navara and garden	46 Cleopatra Street	Lot B, DP 344222	Local	BH091
Blackheath	Tree tops and garden	16 Clyde Avenue	Lots 8–10, Section 5, DP 3119	Local	BH065
Blackheath	Popes Glen	151–157 Connaught Road	Lot 2, DP 406477	Local	BH013
Blackheath	Minhaven	173–175 Evans Lookout Road	Lot 10, DP 1003906	Local	BH054
Blackheath	Brick bungalow	36–50 Gardiner Crescent	Lots 1–8, DP 12652	Local	BH148
Blackheath	Neates building	2, 4, 6, 8, 10, 12 and 14–16 Govetts Leap Road	Lots 1–7, DP 23915	Local	BH149
Blackheath	Ashcroft’s/Irene’s Deli on Govett	18 and 20 Govetts Leap Road	Lots A and B, DP 376803	Local	BH150
Blackheath	Victory Theatre Antiques	19–25 Govetts Leap Road	Lot 5, DP 2224; Lot 1, DP 132104	Local	BH094
Blackheath	Shop fronts	22 Govetts Leap Road	Lot A, DP 370171	Local	BH151
Blackheath	Kenmare buildings	27–29 Govetts Leap Road	Lot 1, DP 167166	Local	BH152
Blackheath	Commonwealth Bank	31 Govetts Leap Road	Lot 1, DP 9936	Local	BH154
Blackheath	Post office	36 Govetts Leap Road	Lot 2, DP 776863	Local	BH024
Blackheath	Cascade Antiques	40–42 Govetts Leap Road	Lot A, DP 965553	Local	BH153
Blackheath	Former residences group listing	40–42, 44, 46, 52, 56–60, 62, 64, 66 and 68 Govetts Leap Road	Lot A, DP 965553; Lots A and B, DP 391158; Lots 4–12, Section 2, DP 2904	Local	BH157
Blackheath	Uniting Church	43–45 Govetts Leap Road	Lots 11 and 12, DP 132052; Lot 1, DP 957092	Local	BH051
Blackheath	Oakdene	52 Govetts Leap Road	Lots 4 and 5, Section 2, DP 2904	Local	BH155
Blackheath	Glenella	56–60 Govetts Leap Road	Lots 6–8, Section 2, DP 2904	Local	BH095
Blackheath	Ribbons and Rainbows	64 Govetts Leap Road	Lot 10, Section 2, DP 2904	Local	BH156
Blackheath	Fibro cottage	90 Govetts Leap Road	Lot 4, DP 9371	Local	BH158
Blackheath	Former shop	102–104 Govetts Leap Road	Lot C, DP 956847	Local	BH159
Blackheath	Weatherboard cottage	106 Govetts Leap Road	Lot 1, DP 656609	Local	BH160
Blackheath	Grounds— parklands	132–174 Govetts Leap Road	Lot 1, DP 840261	Local	BH058
Blackheath	Horse trough	Great Western Highway		Local	BH134
Blackheath	Macquarie Monument	Great Western Highway		Local	BH030
Blackheath	Shelter	Great Western Highway		Local	BH172
Blackheath	Rotary directory	Great Western Highway/Govetts Leap Road		Local	BH174
Blackheath	Former teacher’s residence	207 Great Western Highway	Part Lot 6, Section 7, DP 758115	Local	BH161
Blackheath	Norwood	209 Great Western Highway	Lot 4, DP 11274	Local	BH056
Blackheath	IGA (Kerry’s Service Station)	211 Great Western Highway	Lot 2, DP 1009423	Local	BH162
Blackheath	Kia Ora	213 Great Western Highway	Lot 30, DP 949795	Local	BH163
Blackheath	Blackheath Automotive	215 Great Western Highway	Lot A, DP 321444	Local	BH164
Blackheath	The Annex Antiques	217–221 Great Western Highway	Lots 3–5, DP 11880	Local	BH165
Blackheath	Fire station	223–225 Great Western Highway	Part Lot 1, DP 11880; Lot 2, DP 11880	Local	BH166
Blackheath	New Ivanhoe Hotel	229–236 Great Western Highway	Lot 9, DP 656827; Lot 103, 104, DP 625604	Local	BH026
Blackheath	Yarralumla Flats	237–238 Great Western Highway	Lots B and C, DP 338984	Local	BH167
Blackheath	Dash’s Pharmacy	239 Great Western Highway	Lot 1, DP 659493	Local	BH168
Blackheath	Wattle Cafe/Blackheath Florist	240 Great Western Highway	Lot 1, DP 1068550	Local	BH099
Blackheath	Former butcher’s shop	245 Great Western Highway	Lot 1, DP 186794	Local	BH169
Blackheath	Cafe Banksia/De Losa’s/Piedmont Inn/Blackheath Charcoal Chicken	246, 247, 248, 249 and 251 Great Western Highway	Lot 1, DP 334208; Lot 1, DP 433712; Lot 1, DP 360068; Lot 101, DP 132178; Lot 2, DP 1061532	Local	BH170
Blackheath	Gardners Inn	255 Great Western Highway	Lots 8 and 9, Section 1, DP 2904; Lots 110 and 111, DP 131726; Lots 5–7, Section 1, DP 2904	Local	BH027
Blackheath	Community centre	265 Great Western Highway	Lot 2, Section 5, DP 758115; Lot 7083, DP 1125710	Local	BH171
Blackheath	Shops adjacent to the station	266 Great Western Highway	Lot 1, DP 776285	Local	BH173
Blackheath	Blackheath Memorial Gardens	267–269 Great Western Highway	Lot 7082, DP 1125710; Lots 1 and 3, Section 5, DP 758115	Local	BH206
Blackheath	The Gardens War Memorial	267–269 Great Western Highway	Lot 7082, DP 1125710	Local	BH123
Blackheath	Blackheath General Cemetery	322–331 Great Western Highway	Lot 7316, DP 1144038	Local	BH120
Blackheath	Soldiers Pinch	455 Great Western Highway	Lot 8006, DP 751627	Local	MV009
Blackheath	St Elmo and garden	214–220 Hat Hill Road	Lots 12–15 and 27–30, Section 1, DP 12440	Local	BH136
Blackheath	Rostherne	259–265 Hat Hill Road	Lot 1, DP 116012	Local	BH046
Blackheath	Vancoora	267–275 Hat Hill Road	Lot 2, DP 116012	Local	BH047
Blackheath	Redclyffe	277 Hat Hill Road	Lot 1, DP 542179	Local	BH032
Blackheath	Mount Booralee	392–414 Hat Hill Road	Lot 29, DP 751627	Local	BH087
Blackheath	Cottage	1 Haviland Avenue	Lot 8, Section 4, DP 3119	Local	BH175
Blackheath	Haviland Street Group	1, 3 and 5–7 Haviland Avenue	Lots 6–8, Section 4, DP 3119	Local	BH177
Blackheath	Weatherboard semi-detached cottage	3 Haviland Avenue	Lot 7, Section 4, DP 3119	Local	BH074
Blackheath	Semi-detached cottage	5–7 Haviland Avenue	Lot 6, Section 4, DP 3119	Local	BH176
Blackheath	Shipley Glen	1–45 Kanimbla Valley Road	Lot 7307, DP 1158114	Local	BH117
Blackheath	Federation cottage	1 Leichhardt Street	Lot A, DP 335149	Local	BH178
Blackheath	Blackheath Public School	1A Leichhardt Street	Lots A and B, DP 377254; Part Lot 1, Section 8, DP 758115; Lot 1, DP 123753	Local	BH033
Blackheath	Blackheath Stockade (site only)	1A Leichhardt Street	Lots A and B, DP 377254; Part Lot 1, Section 8, DP 758115; Lot 1, DP 123753	Local	BH034
Blackheath	Timber bungalow	5 Leichhardt Street	Lot 1, DP 656759	Local	BH179
Blackheath	Killarney	7 Leichhardt Street	Lot 2, Section 10, DP 546273	Local	BH180
Blackheath	Heatherton	47 Leichhardt Street	Lot 1, DP 9131	Local	BH088
Blackheath	Carcoola	63 Leichhardt Street	Lots 1–3, DP 23693	Local	BH089
Blackheath	Dulwich and Dairy shed	64 and 66 Leichhardt Street	Lot C, DP 361411; Lot 2, DP 366589	Local	BH143
Blackheath	Gwandoban	24 Lookout Street	Lot B, DP 328289	Local	BH096
Blackheath	Blackheath Railway Station	Main Western Railway (opposite Hat Hill Road)	Lot 103, DP 1167899	State	BH029
Blackheath	Bungalow	4–6 Murri Street	Lot B, DP 303200	Local	BH181
Blackheath	Memorial Park	26–50 Park Avenue and 70–74 Prince Edward Street	Lots 7306 and 7308, DP 1129976	Local	BH023
Blackheath	Colonia	29–31 Park Avenue	Lots 4 and 5, DP 11079	Local	BH182
Blackheath	Brighton	35 Park Avenue	Lot 1, DP 9371	Local	BH183
Blackheath	Pulpit Rock Lookout	14 Pulpit Rock Road	Lot 168, DP 751627	Local	BH003
Blackheath	Faversham	8 Railway Avenue	Lot 1, DP 302983	Local	BH187
Blackheath	Group of cottages	8, 10, 12 and 14 Railway Avenue	Lot 1, DP 302983; Lot 15, DP 659410; Lot 1, DP 105758; Lot 1, DP 937926	Local	BH191
Blackheath	Tarro	10 Railway Avenue	Lot 15, DP 659410	Local	BH188
Blackheath	Como	12 Railway Avenue	Lot 1, DP 105758	Local	BH189
Blackheath	Weatherboard cottage	14 Railway Avenue	Lot 1, DP 937926	Local	BH190
Blackheath	The Campbell Rhododendron Gardens	1–59 Ridgewell Road	Lot 3, DP 843228	Local	BH001
Blackheath	Gowan-Brae and Garden	24 Shipley Road and 15–15A Staveley Parade	Lot 1, DP 954706; Lots 9 and 10, Section 6, DP 1941	Local	BH082
Blackheath	Blackheath Glen Coal Mine	52 Shipley Road	Lot 7007, DP 1126704	Local	MG023
Blackheath	Track—Mermaids Cave and Off Megalong Road Swamp	52 Shipley Road	Lot 7007, DP 1126704	Local	BH118
Blackheath	The Ranch	128–130 Shipley Road	Lot 144, DP 751647	Local	BH079
Blackheath	The Barn	132 Shipley Road	Lot 145, DP 751647	Local	BH081
Blackheath	Narkoolah	146 Shipley Road	Lot 1, DP 583938	Local	BH080
Blackheath	Shipley Tea Rooms	166–168 Shipley Road	Lot 2, DP 1064716	Local	BH098
Blackheath	Dover Hall	124 Station Street	Lot A, DP 365626; Lot 1, DP 501182	Local	BH192
Blackheath	Braemar	132–133 Station Street	Lots 4 and 5, Section 4, DP 3119	Local	BH075
Blackheath	Station Master’s House	141A Station Street	Lot 2, DP 804048	Local	BH067
Blackheath	Thorington and garden	8–12 Staveley Parade	Lots 1 and 2, DP 300946; Lot A, DP 346654	Local	BH083
Blackheath	Paul Harris Lookout	16–28 Staveley Parade	Lot 1, DP 1111624; Lot 19, DP 1118923	Local	BH070
Blackheath	West Hill	2–12 The Avenue	Lot 1, DP 133338	Local	BH055
Blackheath	Group listing of five houses	9–11, 15, 17, 19 and 21 Thirroul Avenue	Lot 5, DP 582212; Lots 1–4, DP 305934	Local	BH073
Blackheath	Osborne College (site only)	52–106 Thirroul Avenue	Part Lot 340, DP 751644	Local	BH039
Blackheath	Guinness Lodge/Evanville	1, 3 and 5 Waragil Street	Lot 1, DP 108633; Lots 1 and 2, DP 104878	Local	BH059
Blackheath	Brick cottage	18 Waragil Street	Lot A, DP 380683	Local	BH193
Blackheath	Ban Tigh, brewery site and garden	26–34 Waragil Street	Lots 4 and 5, Section 6, DP 607; Lot 1, DP 301604	Local	BH060
Blackheath	Vailima	31 Waragil Street	Lots 25 and 26, Section 2, DP 5419	Local	BH194
Blackheath	House and garden	70 Wentworth Street	Lot B, DP 329769	Local	BH195
Blackheath	Former Church of Christ	91 Wentworth Street	Lot 3, DP 5641	Local	BH049
Blackheath	Masonic Temple	95 Wentworth Street	Lot B, DP 308039	Local	BH050
Blackheath	Fibro house	97 Wentworth Street	Lot A, DP 308039	Local	BH196
Blackheath	California bungalow	101 Wentworth Street	Lots 8 and 9, DP 5641	Local	BH197
Blackheath	Former IOOF Hall	105 Wentworth Street	Lot 1, DP 116013	Local	BH198
Blackheath	Normandie Restaurant	124 Wentworth Street	Lot 1, DP 798553	Local	BH199
Blackheath	California bungalow	128 Wentworth Street	Lot A, DP 346687	Local	BH200
Blackheath	Brick house	130 Wentworth Street	Lot B, DP 346687	Local	BH202
Blackheath	Group of houses	130, 132 and 134 Wentworth Street	Lot B, DP 346687; Lots 2 and 3, DP 347710	Local	BH205
Blackheath	Brick house	132 Wentworth Street	Lot 3, DP 347710	Local	BH203
Blackheath	Brick duplex	134 Wentworth Street	Lot 2, DP 347710	Local	BH204
Blackheath	Duddington	157 Wentworth Street	Lot 1, DP 911334	Local	BH036
Blackheath	Cottage	159 Wentworth Street	Lot 1, DP 911760	Local	BH145
Blackheath	Sacred Heart Roman Catholic Church	165 and 167–171 Wentworth Street	Lots 1, 2 and 4, Section 4, DP 758115; Lot 2, DP 700399	Local	BH041
Blackheath	Yabba Yabba and garden	179–181 Wentworth Street	Lot 1, DP 1141118	Local	BH045
Blaxland	Fibro house	167 Great Western Highway	Lot 1, DP 715166	Local	BX009
Blaxland	Hargrave-Calver group of houses and gardens	23 Hope Street and 14A–16A and 18 View Street	Lot A, DP 384974; Lots 8 and 9, DP 23271; Lot A, DP 398972	Local	BX011
Blaxland	Pilgrim Inn (site only)	1–11 Layton Avenue	Lot 100, DP 802660	Local	BX001
Blaxland	Blaxland Railway Station	Main Western Railway (opposite Station Street)		Local	BX002
Blaxland	Lapstone Monocline	Mitchells Pass		Local	L003
Blaxland	Lennox Bridge	Mitchells Pass		State	G027
Blaxland	Mile post indicator	Mitchells Pass		Local	BX004
Blaxland	Old Bathurst Road	Old Bathurst Road		Local	BX003
Blaxland	Exeter	34 Wilson Way	Lot H, DP 110313	Local	BX010
Bullaburra	Grotto and brick fence	338 Great Western Highway	Lot 55, DP 1164475	Local	LN024
Bullaburra	Former George Haining Coach House and Glencairn	5–7 and 9 Kalinda Road	Lots A and B, DP 326727; Lot 192, DP 13407	Local	BL004
Bullaburra	Bullaburra Railway Station	Main Western Railway (opposite Cooranga Street)		Local	BL002
Bullaburra	Railway Water Reservoir	201–207 Railway Parade	Lot 4, DP 1088828	Local	WF050
Bullaburra	Walkers Glen	Sussex Street	O. DP 3173	Local	BL001
Faulconbridge	Everton and garden	1 Everton Road	Lot 5, DP 260042	Local	FB007
Faulconbridge	Faulconbridge Railway Station	444 Great Western Highway		Local	FB005
Faulconbridge	Water Lily Pond	444 Great Western Highway		Local	FB006
Faulconbridge	Weemala	704A Great Western Highway	Lots 1–4, DP 308301	Local	FB011
Faulconbridge	Coomassie	17 Grose Road	Lot 11, DP 1028616	Local	FB003
Faulconbridge	Phoenix Lodge	32 and 36 Grose Road and 68–70 Meeks Crescent	Lots 20 and 21, DP 1104348; Lot 72, DP 833484	Local	FB008
Faulconbridge	Norman Lindsay Gallery Museum and Grounds	14–20 Norman Lindsay Crescent	Lot 1, DP 530317	State	FB002
Faulconbridge	The Pines	6 Railway Avenue	Lot 85, DP 8210	Local	FB015
Faulconbridge	Stonehurst	1 Sir Henrys Parade	Lot 2, DP 504062	Local	FB013
Faulconbridge	Faulconbridge House and gardens	2 Sir Henrys Parade	Lot 14, DP 652152	Local	FB014
Faulconbridge	Corridor of Oaks—Jackson Park	7A, 9 and 11 Sir Henrys Parade	Lots 1–5, Section 3, DP 8968	Local	FB009
Faulconbridge	Quarry	12 Sir Henrys Parade	Lot 6, Section 3, DP 8968	Local	FB020
Faulconbridge	Victory Track	13 Sir Henrys Parade and 123 Davies Avenue	Lot 102, DP 1081526; Lot 7302, DP 1141332	Local	FB001
Faulconbridge	House	25 Sir Henrys Parade	Lot 2, DP 787468; Lot 18, Section 4A, DP 959125	Local	FB016
Faulconbridge	Faulconbridge Cemetery—Sir Henry Parkes’ grave	25A Sir Henrys Parade	Lot 1, DP 125990; Lot 1, DP 1149382	Local	FB012
Faulconbridge	Eurama	56–60 Sir Henrys Parade	Lot 3, DP 902120; Lot 16, DP 455176; Lots 1 and 2, DP 981867; Lot 1, DP 918975; Lot 21, DP 921516; Lot 17, Section G, DP 625; Lots 13, 14, 21, 22, 25 and 46, DP 751654	Local	FB010
Faulconbridge	Clarinda Cottage	1 Wigram Road	Lot 12, Section 2 DP 8968	Local	FB019
Glenbrook	Red Hand Cave	Blue Mountains National Park		Local	G003
Glenbrook	The Bluff	67 Brook Road	Lot 7032, DP 1055156	Local	G004
Glenbrook	Glenbrook Tunnel (Lapstone Hill)	4, 6, 9 and 11 Brookdale Terrace, 15, 17 and 23 Hillside Crescent, 23, 25, 27, 30, 32 and 34 Mount Street, 2 Portal Road and 3, 5, 7 and 14 Walters Avenue	Lots 1–3, 5 and 6, DP 239004; Lots 25 and 26, DP 719117; Lots 1, 9–11, 23, 24 and 30, DP 233964; Lots 76–78, DP 31410; Lot 1, DP 524490	State	G014
Glenbrook	Glenbrook Railway Station	8P and 10P Burfitt Parade	Lot 32, DP 1142966; Lot 1, DP 1127412; Lot 1, DP 950448; Lot 2, DP 1169772; Part Lot 3, Section 32, DP 758448; Lot 1, DP 962757	Local	G011
Glenbrook	Glenbrook Railway Deviation	10P Burfitt Parade	Lot 1, DP 119307; Lot 1, DP 1111855	Local	G017
Glenbrook	The Spurline	10P Burfitt Parade, 5 and 133 Explorers Road and 147A and 147C Governors Drive	Lot 1, DP 1111855; Lot 311, DP 751662; Lot 355, DP 45723l; Lots 1 and 4, DP 1086016; Lot 1, DP 713057	Local	G005
Glenbrook	Glenbrook Lagoon	41A, 43 and 45 Glenbrook Road, 15 and 17–19 Lagoon Drive and 9 Skarratt Avenue	Lot 6, DP 201228; Part Lot 4 and Part Lot 5, DP 192678; Lots 11 and 12, DP 249003; Lots 39 and 42, DP 29605; Lots 10–17, DP 37391	Local	G006
Glenbrook	Former railway line and abandoned rail tunnel	1 and 68 Governors Drive, 14 Great Western Highway and 2–4 Explorers Road	Lot 1, DP 542401; Part Lot 85, DP 751662; Lot 7007, DP 1055673; Lot 7057, DP 1117863; Lot 156, DP 30433	Local	G018
Glenbrook	Knapsack Gully Viaduct, 1865	Great Western Highway		Local	G023
Glenbrook	Gatekeeper’s Cottage No 1	2 Great Western Highway	Lots 1 and 2, DP 1171094	Local	G013
Glenbrook	Whitton Memorial	2 Great Western Highway	Lot 2, DP 1171094	Local	G026
Glenbrook	Knapsack Gully Viaduct, 1912	2A Great Western Highway	Lot 1, DP 1092616	Local	G025
Glenbrook	Lapstone Monocline	15–17 Great Western Highway	Lot 7017, DP 1055084	Local	L001
Glenbrook	Lapstone Zig Zag	15–17 Great Western Highway and 33 Knapsack Street	Lot 7017, DP 1055091; Lot 7017, DP 1055084; Lot 1, DP 605987	Local	G024
Glenbrook	Lucasville Station	15–17 Great Western Highway and 33 Knapsack Street	Lot 7017, DP 1055091; Lot 7017, DP 1055084; Lot 1, DP 605987	Local	G029
Glenbrook	Briarcliffe (RAAF base)	29 Great Western Highway	Lot 1, DP 836170	Local	G016
Glenbrook	Former Lapstone Hotel (RAAF base)	29 Great Western Highway	Lot 1, DP 836170	Local	G030
Glenbrook	Glenbrook Native Plant Reserve	41 Great Western Highway	Lots 7033 and 7034, DP 93966	Local	G019
Glenbrook	Former Station Master’s house	78 Great Western Highway	Lots B and C, DP 366485	State	G010
Glenbrook	Bonnie Doone	33 Moore Street	Lot 11, DP 1094061	Local	G022
Glenbrook	Ulinbawn	6 Nepean Gardens Place	Lot 351, DP 1087472	Local	G032
Glenbrook	Glenbrook Primary School	10 Park Street	Lot 371, DP 820543	Local	G015
Glenbrook	Glenbrook Park	20–28 and 30 Park Street and 2 Ross Street	Lot 7050, DP 1054588; Lot 7053, DP 1060809; Lot 307, DP 751662; Lot 1, DP 665140	Local	G047
Glenbrook	Green Real Estate	23–29 Park Street	Lot 3, DP 618098	Local	G053
Glenbrook	Blaxland, Wentworth and Lawson Memorial	Railway Street	O. DP 758448	Local	G007
Glenbrook	Original Glenbrook Railway Sign and Monument	Railway Street	O. DP 758448	Local	G020
Glenbrook	Horse trough	2 Ross Street	Lot 1, DP 665140	Local	G049
Glenbrook	Glenbrook Garden Centre	20 Ross Street	Lot 1, DP 224782	Local	G012
Glenbrook	House	6 Wascoe Street	Lot 1, Section 20, DP 758448; Lot 1, DP 938483	Local	G046
Hawkesbury Heights	Hawkesbury Lookout Fault Zone	Hawkesbury Road		Local	HH001
Hawkesbury Heights	Stone residence	696–752 Hawkesbury Road	Lot 2, DP 582976	Local	HH003
Hazelbrook	Selwood house and grounds	4 Addington Road and 41 Railway Parade	Lots 1 and 2, DP 778759	Local	H009
Hazelbrook	The Willows	15 Addington Road	Lot 6, Section B, DP 2246	Local	H004
Hazelbrook	Lilac Cottage	16 Addington Road	Lot 45, DP 5956	Local	H021
Hazelbrook	Budgeecumbah	17 Addington Road	Lot B, DP 348683	Local	H020
Hazelbrook	Public Baths	32–38 Baths Road	Lots 157 and 222, DP 751652	Local	H011
Hazelbrook	Oaklands, Pumphouse and Dam	62 Hall Parade, 78 Oaklands Road and 3–19 Sulman Road	Lot 150, DP 712935; Lot 108, DP 32239; Lot B, DP 30715	Local	H002
Hazelbrook	Monica	17 Landseer Road	Lot 20, DP 5956	Local	H019
Hazelbrook	Gloria Park and War Memorial	21 Lester Avenue	Lot 1, DP 400916; Part Lot 1, DP 332542	Local	H022
Hazelbrook	Hazelbrook Railway Station	Main Western Railway (near Addington Road)		Local	H007
Hazelbrook	Horseshoe Falls	85–125 Oaklands Road	Lot 7002, DP 1125258	Local	H013
Hazelbrook	Editon and Shop	33 Railway Parade	Lot 1, DP 952020	Local	H014
Hazelbrook	Store	35 Railway Parade	Lot A, DP 414096	Local	H015
Hazelbrook	Commercial group of buildings	37, 38 and 39 Railway Parade	Lots 1–3, DP 1041774	Local	H016
Hazelbrook	Ortona	46 Railway Parade	Lot 8, Section C, DP 2246	Local	H023
Hazelbrook	Railway Parade group	46, 47, 49 and 51 Railway Parade	Lots 8 and 9, Section C, DP 2246; Lot A, DP 367484; Lot 1, DP 101698	Local	H026
Hazelbrook	Yerranderie	6 Terrace Falls Road	Lot 15, DP 656730	Local	H017
Hazelbrook	Hertford	12 Terrace Falls Road	Lot 1, DP 319052	Local	H018
Katoomba	Megalong Lodge and garden	40 Acacia Street	Lot 1, DP 402343	Local	K060
Katoomba	Stone kerbing	Bathurst Road, Cascade Street, College Lane, Katoomba Street, Parke Street and Waratah Street		Local	K116
Katoomba	James’ Buildings	72 Bathurst Road	Lot 1, DP 3832	Local	K089
Katoomba	Katoomba Railway Station	77 Bathurst Road	Lot 3, DP 1150927	State	K044
Katoomba	Niagara Cafe	92 Bathurst Road	Lot 1, DP 929512	Local	K106
Katoomba	Balmoral House	194 and 196 Bathurst Road	Lots 8 and 16, Section 8, DP 707; Lot 1, DP 900554	Local	K023
Katoomba	Davies Stables behind flats	202 Bathurst Road	Lot 1, DP 542718	Local	K107
Katoomba	Tilcott	210 Bathurst Road	Lot 1, Section 8, DP 707	Local	K108
Katoomba	Hillcrest and garden	304 Bathurst Road	Lots 15, 16, 24 and 26–28, Section 2, DP 1648; Lots 8–11, DP 772152; Lot 2425, DP 848414	Local	K063
Katoomba	Khandala	19 Birdwood Avenue	Lots 2–4, DP 347417	Local	K001
Katoomba	Federal Pass Walk	Blue Mountains National Park		Local	K077
Katoomba	Giant Staircase	Blue Mountains National Park		Local	K010
Katoomba	Golden Staircase	Blue Mountains National Park		Local	K046
Katoomba	Mt Solitary and The Ruined Castle	Blue Mountains National Park		Local	K019
Katoomba	Narrow Neck Peninsula and Western Escarpment	Blue Mountains National Park		Local	K008
Katoomba	Orphan Rock	Blue Mountains National Park		Local	K015
Katoomba	O’Sullivans Folly	Blue Mountains National Park		Local	K006
Katoomba	Pitts Amphitheatre	Blue Mountains National Park		Local	K011
Katoomba	Prince Henry Cliff Walk	Blue Mountains National Park		Local	K014
Katoomba	Scenic Skyway	Blue Mountains National Park		Local	K016
Katoomba	Shepherd and His Flock Inn (site only)	Blue Mountains National Park		Local	K082
Katoomba	The Landslide	Blue Mountains National Park		Local	K004
Katoomba	The Pinnacles	Blue Mountains National Park		Local	K021
Katoomba	Three Sisters	Blue Mountains National Park		Local	K009
Katoomba	Track—Diamond Falls	Blue Mountains National Park		Local	K080
Katoomba	Track—Fern Bower–Linda Falls	Blue Mountains National Park		Local	K078
Katoomba	Track—Scenic Railway or Golden Staircase to Mt Solitary	Blue Mountains National Park		Local	K076
Katoomba	Wood Coffill Funeral Parlour	1 Cascade Street	Lot C, DP 17950	Local	K109
Katoomba	Varuna House, studio and garden	139–141 Cascade Street	Lots 1 and 2, DP 2212; Lots 16 and 17, DP 20835	Local	K083
Katoomba	Court House	5–11 and 13–15 Civic Place	Lot 7317, DP 1154587; Part Lot 525, DP 751627; Lot 7, DP 738302	Local	K025
Katoomba	Masonic Temple	8 Civic Place	Lot 1, DP 930204	Local	K030
Katoomba	Renaissance Centre	10–14 Civic Place	Lot 2, DP 848603; Lots 1 and 2, DP 12057	State	K022
Katoomba	Katoomba Falls Kiosk	101 Cliff Drive	Lot 593, DP 1102631	Local	K059
Katoomba	Cahills & Boars Head Lookouts Reserve	248A Cliff Drive	Part Lot 135, DP 751657	Local	K062
Katoomba	Kiah	1 Darley Street	Lot 1, Section 1, DP 346856	Local	K152
Katoomba	Green Gables	3 Darley Street	Lot 2, DP 346856	Local	K153
Katoomba	House	5 Darley Street	Lot 16, Section 1, DP 2410	Local	K154
Katoomba	Group of soldiers’ homes	33, 35, 37 and 39 Darley Street	Lot 3–6, DP 9319	Local	K151
Katoomba	Site of Pyala Museum	33–37 Echo Point Road	Lot 1, DP 833225	Local	K056
Katoomba	Echo Park	44–50 Echo Point Road	Lot 1–3, DP 1001598; Part Lot 1, DP 170400; Lot 1, DP 1123998; Lot 23, DP 5509; Lots 7306 and 7307, DP 1144197	Local	K002
Katoomba	Lilianfels Park	44–50 Echo Point Road	Part Lot 1, DP 170400	Local	K018
Katoomba	Queen Elizabeth Lookout	44–50 Echo Point Road	Lot 1, DP 884261	Local	K017
Katoomba	Froma Court	6 Froma Lane	Lot 1, DP 121300	Local	K112
Katoomba	Stone retaining walls	7–9 Gang Gang Street, 142 and 156–158 Katoomba Street and 7, 9 and 23–27 Lurline Street	Lots A and B, DP 401312; Lot 17, Section 1, DP 692; Lot 200, DP 863043; M. SP 1933; Lots 6 and 7, DP 9949; Lot 1, DP 739979	Local	K105
Katoomba	Metropole	7–9 and 11–15 Gang Gang Street	Lots A–E, DP 12537	Local	K110
Katoomba	Kingsford Smith Memorial Park	17 Gang Gang Street	Lots 7–12, DP 10800	Local	K054
Katoomba	Hotel Gearin	1 and 1A Goldsmith Place	Lot 2, DP 705910; Lot 1, DP 125296	Local	K027
Katoomba	Explorers Tree and Environs	Great Western Highway		Local	K031
Katoomba	Transport Corridor	Great Western Highway		Local	K065
Katoomba	Blue Mountains District Anzac Memorial Hospital	173–179 and 181 Great Western Highway and 1A and 1W Woodlands Road	Lots A and B, DP 317552; Lots 1 and 2, DP 131070; Lots 3 and 7, DP 1066824; Lot A, DP 397571	Local	K049
Katoomba	Showground and stand	183–187 Great Western Highway	Lot 2, DP 1066824	Local	K047
Katoomba	The Crushers	246 and 248 Great Western Highway	Lot 1, DP 1006368; Lot 7021, DP 1116592	Local	K026
Katoomba	Ozanan cottage	4 Hope Street	Lots 25 and 26, DP 3765	Local	K066
Katoomba	Savoy	6 and 8–32 Katoomba Street	Lot 1, DP 169100; Lot 1, DP 303888; Lots 1–3, DP 1093426	Local	K090
Katoomba	Carrington Hotel	15, 17–45 and 49–57 Katoomba Street	Lots 1 and 2, DP 1062855; Lot 1, DP 123567	State	K032
Katoomba	Group of 2 commercial buildings	34, 36, 38, 40–42 and 44 Katoomba Street	Lot A, DP 305875; Lot B, DP 186869; Lot C, DP 187532; Lot 1, DP 654158; Lot 1, DP 340199	Local	K091
Katoomba	Shops	49–57 Katoomba Street	Lot 1, DP 123567	Local	K070
Katoomba	Former Katoomba Post Office	59–61 Katoomba Street	Lot 1, DP 930546	State	K035
Katoomba	Paragon Cafe group	63–67 and 69 Katoomba Street	Lot C, DP 171211; Lot 1, DP 116091; Lot 1, DP 1006017	State	K034
Katoomba	Former bank	64–66 Katoomba Street	Lot 8, DP 9949; Lot A, DP 406430	Local	K071
Katoomba	St Hilda’s Anglican Church	66A Katoomba Street	Lots 1 and 2, DP 501006	Local	K036
Katoomba	Former Embassy Theatre	73 and 75 Katoomba Street	Lots A and B, DP 393390	Local	K072
Katoomba	Westpac Bank	86 Katoomba Street	Lot E, DP 419871	Local	K092
Katoomba	Crazy Prices	89 Katoomba Street	Lots A–D, DP 175770; Lot 1, DP 132965	Local	K093
Katoomba	Shops	110 and 112 Katoomba Street	Lots 131 and 132, DP 775395	Local	K073
Katoomba	Soper Chambers	118 Katoomba Street	Lot A, DP 361354; Lot 2, DP 303950	Local	K095
Katoomba	Gloucester Flats	128–132 Katoomba Street	Lots A and B, DP 964413	Local	K096
Katoomba	Uniting Church Group	142 Katoomba Street	Lot 17, Section 1, DP 692	Local	K067
Katoomba	Raeburn	143 and 147–153 Katoomba Street	Lot 18, DP 239909; Lot 222, DP 1088023	Local	K097
Katoomba	St Canice’s Catholic Church Group	156–158 Katoomba Street	Lot 200, DP 863043	Local	K069
Katoomba	Beszant’s Buildings	171–175 Katoomba Street	Lot 28, DP 239909	Local	K099
Katoomba	Logie House	181–185 Katoomba Street	Lot 340, DP 819908	Local	K100
Katoomba	Kent House	187 Katoomba Street	Lot 1, DP 938880; Lot 1, DP 950960	Local	K101
Katoomba	Homesdale	207 Katoomba Street	Lot 1, DP 1026741	Local	K118
Katoomba	Arakoon	1 Kurrawan Road	Lot 1, DP 302559	Local	K150
Katoomba	Retaining wall	Lovel St		Local	K084
Katoomba	Wadi Shaifa	2 Lurline Street	M. SP 30871	Local	K102
Katoomba	Eldon	9 Lurline Street	Lot B, DP 406430; Lots 6 and 7, DP 9949	Local	K103
Katoomba	The Cecil Guest House	23–27 Lurline Street	Lot 1 and 2, DP 739979	Local	K094
Katoomba	Katoomba Mountain Lodge	31 Lurline Street	Lot 1, DP 190794	Local	K104
Katoomba	Exclusive Brethren Church	40 Lurline Street	Lots A, B and C, DP 171397	Local	K115
Katoomba	Track—Nellies Glen to Bonnie Doon Falls	9–11 Narrow Neck Road	Lot 3, DP 772152	Local	K079
Katoomba	Gracehill Lodge and garden	108–120 Narrow Neck Road	Lot 129, DP 1022877	Local	K061
Katoomba	Stone arrangements	3 Nellies Glen Road	Lot 72, DP 10148	Local	K039
Katoomba	Minnehaha Falls	1–9 North Road	Lot 450, DP 751627	Local	K020
Katoomba	Archipelago	23–25 Parke Street	Lot 22, DP 1178458	Local	K041
Katoomba	Former Electric Power House	12–16 Power House Lane	Lot 2, DP 833346	Local	K064
Katoomba	Katoomba Coal Mine	2 Violet Street	Lot 2, DP 1025431	Local	K045
Katoomba	Scenic Railway and Environs	2 Violet Street	Lot 2, DP 1025431	Local	K003
Katoomba	Bethany Gospel Hall	25 Waratah Street	Lot 3, DP 7487	Local	K113
Katoomba	Baptist Church	41 Waratah Street	Lot 1, DP 952542	Local	K114
Katoomba	Former Presbyterian Church	56–64 Waratah Street	Lot 1, DP 966668	Local	K081
Katoomba	Waratah Street Health Centre	91 and 93 Waratah Street	Lots 1 and 2, DP 1180104	Local	K043
Katoomba	Hinkler Park	32–36 Warialda Street	Lots 5–7, DP 7005	Local	K157
Lawson	Dorinda	8 Badgerys Crescent	Lot A, DP 360155	Local	LN028
Lawson	Residence	1 Benang Street	Lot 10, DP 1149116	Local	LN052
Lawson	Residence	9 Benang Street	Lot 9, Section 2, DP 758605	Local	LN051
Lawson	Cottage	10 Benang Street and 9 Honour Avenue	Lot 15, DP 1086151; Lot 21, DP 1002086	Local	LN012
Lawson	Residence	11 Benang Street	Lot A, DP 404735	Local	LN048
Lawson	Chester	14 Benang Street	Lot 10, DP 1065594	Local	LN047
Lawson	Residence	15 Benang Street	Lot B, DP 404735	Local	LN050
Lawson	Residence	21 Benang Street	Lot 7, DP 2898	Local	LN046
Lawson	North Lawson Park	32 Evans Street, 40–60 Frederica Street, 14A Poplar Grove and 33 and 35 San Jose Avenue	Lot 125, DP 751670; Lot 7309, DP 1152474; Lot 1, DP 700087; Lots 126 and 127, DP 46533	Local	LN032
Lawson	Sydney Rock	Great Western Highway		Local	LN009
Lawson	Gardener’s Cottage to Kihilla	230 Great Western Highway	Lot 5, DP 200762	Local	LN036
Lawson	House	241 Great Western Highway	Lot 51, DP 1184886	Local	LN037
Lawson	Santa Maria Convent and Durham Lodge	252–254 and 255–256 Great Western Highway	Lot 2, DP 1037410; Lot 51, DP 1138630	Local	LN011
Lawson	Lawson Baptist Church	279A Great Western Highway	Lot 11, DP 1125117	Local	LN041
Lawson	Tahlia and Cherry Tree	281 Great Western Highway	Lot 15, DP 1077933	Local	LN039
Lawson	Lawson Community Hall	284 and 284A Great Western Highway	Part Lot 17, Section 1, DP 758605; Lot 20, DP 1154914	Local	LN043
Lawson	Entry Arch to Bellevue Park	285A Great Western Highway	Lot 10, DP 1131134	Local	LN049
Lawson	Explorers Centenary Lamp	285A Great Western Highway	Lot 10, DP 1131134	Local	LN042
Lawson	Blue Mountains Hotel	286 Great Western Highway	Lot 20, DP 1131568	Local	LN080
Lawson	Lawson Railway Station	286P Great Western Highway	PTT. MS 1539SY	State	LN010
Lawson	Railway Culvert	286P Great Western Highway	PTT. MS 1539SY	Local	LN075
Lawson	Athol	309 Great Western Highway	Lot 28, DP 1116686	Local	LN056
Lawson	Bangalore	313 Great Western Highway	Lot 4, Section 5, DP 2700	Local	LN057
Lawson	Keira	314 Great Western Highway	Lot 11, DP 1168584	Local	LN058
Lawson	Pilcharra	323 Great Western Highway	Lot 33, DP 1116686	Local	LN059
Lawson	Rock cut pit	21 Gregg Street	Lot 1, DP 543593	Local	LN034
Lawson	Horse trough	Honour Ave		Local	LN016
Lawson	Staples Store Group	1 and 3–7 Honour Avenue	Lot 2, DP 263794; Lots 1, 15 and 16, DP 1149116	Local	LN077
Lawson	Grand Hotel archaeological site	4 Honour Avenue	Lot 10, DP 1077933	Local	LN078
Lawson	Emmanuel Church Of England Hall	13 Honour Avenue	Lot 12, DP 1065593	Local	LN013
Lawson	Masonic Lodge	16–18 Honour Avenue	Lot 1, DP 1071862	Local	LN015
Lawson	Vera	24A Honour Avenue	Lot F, DP 404452	Local	LN062
Lawson	Wallawa	25 Honour Avenue	Lots 3 and 4, DP 2898	Local	LN023
Lawson	Creswell	26 Honour Avenue	Lot B, DP 404452	Local	LN063
Lawson	Fontainebleau	29–41 Honour Avenue	Lot A, DP 344761	Local	LN022
Lawson	Adelina Falls	81–147 Honour Avenue	Part Lot 7004, DP 1127200	Local	LN004
Lawson	Cataract Falls	81–147 Honour Avenue	Part Lot 7004, DP 1127200	Local	LN006
Lawson	Federal Falls	81–147 Honour Avenue	Part Lot 7004, DP 1127200	Local	LN003
Lawson	Junction Falls	81–147 Honour Avenue	Part Lot 7004, DP 1127200	Local	LN005
Lawson	Terrace Falls	81–147 Honour Avenue	Lot 7001, DP 1127483	Local	H012
Lawson	Former Blue Mountains Shire Office	1 and 3 Loftus Street	Lots 1 and 9, Section 3, DP 758605	Local	LN027
Lawson	Former Railway Reservoir	2 and 6 Loftus Street	Lot 1, DP 1080855; Lot 231, DP 704597	Local	LN026
Lawson	Former Shire Electricity Substation	5–7 Loftus Street	Lots 2 and 3, Section 3, DP 758605	Local	LN031
Lawson	Railway Culvert	Main Western Railway (near Ferguson Avenue)		Local	LN067
Lawson	Railway Culvert	Main Western Railway (near Frederica Street)		Local	LN070
Lapstone	Sedimentary Dykes	Main Western Railway (at Lapstone Railway Station)		Local	L002
Lawson	Residence	15 Mary Street	Lot C, DP 380630	Local	LN035
Lawson	Maria Dona	27 Mary Street	Lot 31, Section E, DP 1417	Local	LN038
Lawson	Residence	31 Mary Street	Lot 29, Section E, DP 1417	Local	LN040
Lawson	Lawson Reservoir	36 Mary Street	Lot 1, DP 345891	Local	LN045
Lawson	Hollywood	2 Queens Oak Road	Lot D, DP 407198	Local	LN066
Lawson	“Kihilla”	5–17 Queens Road	Lot 101, DP 1166821	Local	LN017
Lawson	Wilson Park	2–16 St Bernards Street	Lot 7319, DP1144663	Local	LN081
Lawson	House	2 Waratah Street	Lot 1, DP 26492	Local	LN021
Lawson	Blue Mountains Inn—Archaeological site	2–12 Wilson Street	Lot 2 and Part Lots 1 and 3, DP 944589; Lot 1, DP 130268; Lots 1–17, DP 1116686	Local	LN008
Leura	Lone Pine Avenue and Park	2A Balmoral Road and 34–36 Gordon Road	Lot 1, Section 4, DP 3469; Lot 7305, DP 1144470	Local	LA060
Leura	Leuralla, Garage, Outbuilding, Amphitheatre and Gardens	43–69 Balmoral Road	Lots 22–25, DP 6983; Lots 1–7, Section 6, DP 3469	Local	LA015
Leura	Lyrebird Dell	Blue Mountains National Park		Local	LA002
Leura	Track—Leura Cascades to Amphitheatre to Fern Bower Prince Henry Cliff Walk	Blue Mountains National Park		Local	LA037
Leura	Track—Round Walk: Leura Cascades to Prince Henry Cliff Walk to Leura Cascades	Blue Mountains National Park		Local	LA038
Leura	Track—The Gladstone Pass	Blue Mountains National Park		Local	LA039
Leura	Track—The Lindeman Pass	Blue Mountains National Park		Local	LA040
Leura	Track—Weeping Rock Area	Blue Mountains National Park		Local	LA036
Leura	Bon Accueil and garden	4 Churchill Street	Lot B, DP 342336	Local	LA027
Leura	Darval and former Anglican Rectory	10 and 12 Craigend Street	Lot 1, DP 943910; Lot 1, DP 971149	Local	LA095
Leura	Blandford	14 Craigend Street	Lot 1, DP 966588	Local	LA094
Leura	The Nunnery and garden	6 East View Avenue	Lot 1, DP 569134	Local	LA043
Leura	The Everglades	37–49 Everglades Avenue	Lot 1, DP 1167262	State	LA005
Leura	Holmwood and garden	1–5 Gordon Road	Lots 1 and 2, DP 1110092; Lot 2, Section 8, DP 3469	Local	LA021
Leura	Shop and house—Archaeological site	87 Great Western Highway	Part Lot B, DP 329843	Local	LA028
Leura	Stone retaining wall between Queens Road and Kings Road	145W, 147W, 155W, 157W, 159W and 161W Great Western Highway	Lots 26–31, DP 1165971	Local	LA058
Leura	Grose Street Cottage group	1–7 Grose Street	Lots 2–5, DP 33831	Local	LA035
Leura	Lauralea	13 Grose Street	Lot A, DP 336264	Local	LA090
Leura	Trevarno	19 Grose Street	Lot 1, DP 952944	Local	LA091
Leura	Ballygowan and Acorn Cottage	21 and 23 Grose Street	Lot 1, DP 171020; Lot 1, DP 302175	Local	LA092
Leura	Leura Uniting Church	23A Grose Street	Lot 1, DP 928678	Local	LA034
Leura	Dalkeith	33 Grose Street	Lot B, DP 938060	Local	LA083
Leura	The Braes	64–68 Grose Street	Lot 1, DP 1178752	Local	LA025
Leura	Sorensen’s Nursery Site	8 Herbert Street	Lot 1, DP 867477	Local	LA041
Leura	The Nest	1–17 Kitchener Road	Lot 114, DP 751646	Local	LA006
Leura	Redmond Memorial	Leura Mall		Local	LA072
Leura	Single storey commercial building	126–128 Leura Mall	Lot A, DP 302099	Local	LA069
Leura	Commercial building	130 Leura Mall	Lot 1, DP 170766	Local	LA070
Leura	Le Gobelet	131 Leura Mall	Lot A, DP 5590	Local	LA010
Leura	Leura Post Office	146–148 Leura Mall	Lot 11, DP 1042983	Local	LA071
Leura	Leeder’s Drapery	151–153 Leura Mall	Lot C, DP 300970	Local	LA074
Leura	Single storey commercial building	159 Leura Mall	Lot A, DP 335605	Local	LA075
Leura	2-storey commercial building	165, 167, 169 and 171 Leura Mall	Lots 1–4, DP 828422	Local	LA076
Leura	James’ Butchery	173 Leura Mall	Lot 1, DP 721836	Local	LA077
Leura	Two storey commercial building	177–179 Leura Mall	Lot 1, DP 127415; Lot 1, DP 167210	Local	LA078
Leura	St David’s Presbyterian Church	187–197 Leura Mall	Lot 22, DP 585353	Local	LA079
Leura	Bloome Park	231–235 Leura Mall	Lots 28 and 29, Section A, DP 2696; Lots 1 and 2, DP 130853	Local	LA056
Leura	Leura Railway Station	Main Western Railway (near junction of Railway Parade and Leura Mall)		Local	LA016
Leura	Railway Corridor	Main Western Railway (near Leura Railway Station)		Local	LA030
Leura	Country Women’s Association Hall	137 Megalong Street	Lot 1, DP 174919	Local	LA081
Leura	Waters Meet	186A Mount Hay Road and 83–91 Spencer Road	Lot 1, DP 810669; Lot 1, DP 182020	Local	LA017
Leura	Benison and garden	9 Olympian Parade	Lot A, DP 404391; Lot 4, DP 1082087	Local	LA022
Leura	Kinauld	87 Railway Parade	Lot 4, Section 6, DP 1175	Local	LA084
Leura	Waitangi	88 Railway Parade	Lot 55, DP 1126216	Local	LA009
Leura	Ilion	89 Railway Parade	Lot 56, DP 1126216	Local	LA085
Leura	Rakaia	90 Railway Parade	Lot 1, DP 33831	Local	LA086
Leura	Gladstone Colliery	26A–40A Sublime Point Road	Lot 159, DP 751646	Local	LA007
Leura	Sublime Point and Southern Escarpment	157 Sublime Point Road	Lot 1, DP 1126912	Local	LA001
Leura	Wascoe Street retaining wall	Wascoe St		Local	LA020
Linden	Grave of John Donohoe	Blue Mountains National Park		Local	LD002
Linden	Kings Cave	Blue Mountains National Park		Local	LD001
Linden	Remnants of Cox’s Road	4, 5 and 6 Caley Lane, 4 Linden Place and 1–2 Railway Parade	Lots 6–9 and 68, DP 12697; Lot B, DP 411810	Local	LD008
Linden	Concrete Dam Wall	22 Glossop Road	Lot 1, DP 26398	Local	LD015
Linden	Kingscliffe and grounds	25–29 Glossop Road	Lot B, DP 381754	Local	LD016
Linden	Linden Observatory	91–111 Glossop Road	Lot 1, DP 575127	State	LD018
Linden	Woodford Dam	168A Glossop Road	Lot 1, DP 137388	Local	LD006
Linden	Lady Martin’s Bath	765–769 Great Western Highway	Lot 8, DP 727379	Local	LD012
Linden	Linden Lodge	783–789 Great Western Highway	Lots 1–4, DP 9715; Lot 1, DP 727377; Lot 2, DP 849410	Local	LD009
Linden	Store Cave	869–873 Great Western Highway	Lot 6, DP 658170	Local	LD024
Linden	Caleys Repulse	4 Linden Place	Lot 68, DP 12697	Local	LD005
Linden	Linden Railway Station	Main Western Railway		Local	LD007
Linden	Toll Bar House (site only)	Main Western Railway		Local	LD003
Linden	Toll Bar Inn (site only)	Main Western Railway		Local	LD004
Linden	1830s Road Alignment	Martin Place/railway		Local	LD020
Linden	Banool	1 Martin Place	Lot 1, DP 799294	Local	LD011
Linden	Road/Rail—Cuttings/Overpasses	Tollgate Drive/Great Western Highway		Local	LD021
Linden	Railway Overpass	Tollgate Drive/Main Western Railway		Local	LD014
Medlow Bath	Track— Wonderland Track and Mark’s Tomb	12 Belgravia Street	Lot 46, DP 655569	Local	MB023
Medlow Bath	Point Pilcher	Blue Mountains National Park		Local	MB001
Medlow Bath	Walls Cave	Blue Mountains National Park		Local	BH035
Medlow Bath	The Pines	16–18 Coachhouse Lane	Lots A and B, DP 327222	Local	MB016
Medlow Bath	Avenue of Radiata Pines	43P Great Western Highway	Lot 104, DP 1167896	Local	MB015
Medlow Bath	Medlow Bath Railway Station	43P Great Western Highway	Lot 104, DP 1167896	State	MB003
Medlow Bath	Glen Rosa Track	52–88 Great Western Highway	Lot 2, DP 133410	Local	MB021
Medlow Bath	Hydro Majestic	52–88 Great Western Highway	Lots 8–22, DP 2450; Lot 2, DP 334630; Lot 20, DP 25570; Lot 2, DP 133410; Lot 1, DP 133407; Lot 1, DP 113904	Local	MB002
Medlow Bath	Medlow Bath Climbers’ Passes	52–88 Great Western Highway	Lot 134, DP 751657	Local	MB025
Medlow Bath	Track—Hydro– Sunbath–Hydro	52–88 Great Western Highway	Lot 2, DP 133410	Local	MB022
Medlow Bath	Track to Three Brothers	52–88 Great Western Highway	Lot 134, DP 751657	Local	MB020
Medlow Bath	Valley Farm Track and Colosseum	52–88 Great Western Highway	Lot 2, DP 133410	Local	MB024
Medlow Bath	House	6–8 Park Street	Lot 457, DP 751627	Local	MB018
Medlow Bath	Log cabin and garden	45 Portland Avenue	Lots 31–33, DP 8895	Local	MB012
Medlow Bath	The Chalet	46–50 Portland Avenue and 5 Richmond Avenue	Lots 20 and 21, DP 1155356	Local	MB004
Medlow Bath	Horse trough	Railway Parade/Somerset Street		Local	MB013
Medlow Bath	Former post and Telegraph store	1 Railway Parade	Lot B, DP 377708	Local	MB008
Medlow Bath	Urunga	3–5 Railway Parade	Lot 1, DP 868709	Local	MB017
Medlow Bath	St Luke’s Anglican Church	40A Railway Parade	Lot 1, DP 931571	Local	MB010
Medlow Bath	Lake Medlow	Raymond Road	Part Lot 250, DP 979433	State	MB005
Medlow Bath	Medlow House	4 Somerset Street	Lot 4, DP 24548	Local	MB011
Medlow Bath	Melbourne House, Cosy Cot, Sheleagh Cottage	2, 4 and 6–10 Station Street	Lots A and B, DP 323853; Lots 17–20 and 24–27, DP 2873	Local	MB019
Medlow Bath	Gatekeeper’s Cottage	33 Station Street	Lots 1 and 2, DP 781187	Local	MB006
Megalong Valley	Glen Shale Mines	Blue Mountains National Park		Local	MG024
Megalong Valley	Green Gully	Blue Mountains National Park		Local	MG010
Megalong Valley	Sunny Ridge Coal Mine	Blue Mountains National Park		Local	MG009
Megalong Valley	Yapunyah	Five Mile Creek Road	Lot 20, DP 751647	Local	MG019
Megalong Valley	Gracey Fields	Hudson Road	Lot 1, DP 610946	Local	MG018
Megalong Valley	Blackheath Glen Sawmill (site only)	540 Megalong Road	Lot 172, DP 751647	Local	MG022
Megalong Valley	Former Valley Farm Tea Room	658 and 690 Megalong Road	Lots 191 and 193, DP 1093470	Local	MG021
Megalong Valley	Eumemmering	1054 Megalong Road	Lot 2, DP 844975	Local	MG003
Megalong Valley	Morning Yarn	1077 Megalong Road	Lot 1, DP 114744; Lot 1, DP 835458	Local	MG005
Megalong Valley	Glenidle	1112 Megalong Road	Lot 11, DP 842365	Local	MG017
Megalong Valley	Uniting Church	1168 Megalong Road	Lot A, DP 352032	Local	MG002
Megalong Valley	Former Megalong Station	1268 Megalong Road	Part Lot 1, DP 89671	Local	MG014
Megalong Valley	Catholic Church	1270 Megalong Road	Lot A, DP 160962	Local	MG016
Megalong Valley	Nellies Glen Village (site only)	Nellies Glen Road and Shale Road	Lot 148, DP 751657; O. DP 751657; Lot 7305, DP 1131229; Lot 7003, DP 1131229	Local	MG004
Megalong Valley	Old Hotel Site (site only)	Nellies Glen Road and Shale Road	Lot 148, DP 751657; O. DP 751657; Lot 7305, DP 1131229; Lot 7003, DP 1131229	Local	MG001
Megalong Valley	Willenber Farm	70 Nellies Glen Road	Lot 88, DP 751657	Local	MG012
Megalong Valley	Oakburn	170 Nellies Glen Road	Lot 36, DP 751657	Local	MG013
Megalong Valley	Former Glendairy Tea Room (site only)	3–7 Peach Tree Road	Lot 101, DP 1069511	Local	MG020
Megalong Valley	Ballymore	23 Pinnacle Road	Lot 423, DP 793155	Local	MG007
Megalong Valley	Sunny Ridge	64 Pinnacle Road	Lot 38, DP 751657	Local	MG008
Megalong Valley	Hillview	21 Springhill Road	Lot 56, DP 751657	Local	MG015
Megalong Valley	Megalong Valley Cemetery	The Six Foot Track	Part Lot 1, DP 724214	Local	MG011
Megalong Valley	The Six Foot Track	The Six Foot Track	Lot 1, DP 1003555	Local	MG006
Mount Irvine	Gardens	19–21 Bowens Creek Road and 227, 229–231, 233 and 236 Mount Irvine Road	Lot 4, DP 243550; Lot 1, DP 581379; Lot A, DP 329898; Lots A and B, DP 329627; Lots A and B, DP 345042	Local	MI003
Mount Irvine	Mount Irvine Cemetery	7–9 Danes Way	Lot 7018, DP 1054649	Local	MI002
Mount Irvine	Garden— Carisbrook	24–32 Danes Way	Lot A, DP 431598	Local	MI004
Mount Tomah	Explorers Rocks Monument	Bells Line of Road		Local	MT008
Mount Tomah	Track and Retaining Wall	Bells Line of Road		Local	MT005
Mount Tomah	The Jungle (site only)	1–17, 41, 43, 43A and 43B Bells Line of Road	Lot 1, DP 603906; Lot 1, DP 348101; Lots 210–212, DP 854488	Local	MT010
Mount Tomah	Tomah, North Gate and Violet Farm	1–17, 41, 43, 43A and 43B Bells Line of Road	Lot 1, DP 603906; Lot 1, DP 348101; Lots 210–212, DP 854488	Local	MT009
Mount Tomah	Cave Hotel	2–20 Bells Line of Road	Lot 35, DP 232476	Local	MT001
Mount Tomah	Old Bells Line of Road	Blue Mountains National Park		Local	MT003
Mount Tomah	Station Rock	Blue Mountains National Park		Local	MT011
Mount Tomah	Mount Tomah Botanic Garden	5–17 Tomah Drive	Lot 1, DP 536667; Lot 2, DP 1064310	Local	MT006
Mount Tomah	Sunrise	5–17 Tomah Drive	Lot 2, DP 1064310	Local	MT007
Mount Victoria	Lockyer’s Pass		On unformed road within Crown Reserve 50415	Local	MY006
Mount Victoria	Trig station	5–9 Apex Avenue	Lots 46–48, DP 7974	Local	MV001
Mount Victoria	Victoria Falls	Blue Mountains National Park		Local	MV002
Mount Victoria	Pump Cottage	1 Carrington Avenue	Lot 22, DP 8382	Local	MV054
Mount Victoria	The Manor House	2–12 Carrington Avenue and 15–21 Jersey Parade	Lot 9, DP 8382; Lots 23 and 24, DP 603302	Local	MV018
Mount Victoria	Weatherboard cottage	5 Carrington Avenue	Lot B, DP 341431	Local	MV046
Mount Victoria	Weatherboard house and garden	7 Carrington Avenue	Lot C, DP 341431; Lot 16, DP 8382	Local	MV055
Mount Victoria	Pressed metal cottage	11–15 Carrington Avenue	Lot 57, DP 585035	Local	MV056
Mount Victoria	Closeburn	2–12 and 14–18 Closeburn Drive and 5981 Mount York Road	Lot 10, DP 801067; Lot 3, Section 5, DP 2455; Lot 1, DP 176436	Local	MV024
Mount Victoria	The Grange Estate (house and garden)	15 Fairy Dell Road and 48 Selsdon Street	Lots 2 and 3, DP 1140103	Local	MV033
Mount Victoria	Mitchell’s Ridge Monument	Great Western Highway	Part Lot 7313, DP 1162873	Local	MV015
Mount Victoria	Concrete steps	Great Western Highway and Hooper Street	Lot A, DP 334971	Local	MV066
Mount Victoria	Berghofer’s Pass	2–4 Great Western Highway	Part Lot 7314, DP 1162788	Local	MY001
Mount Victoria	High Lodge	45–47 Great Western Highway	Lot 1, DP 104774	Local	MV042
Mount Victoria	House	57 Great Western Highway	Lot A, DP 978654	Local	MV053
Mount Victoria	St Peter’s Anglican Church	79 Great Western Highway	Lot 2A, Section 4, DP 350	Local	MV007
Mount Victoria	Selsdon	82 Great Western Highway	Lot B, DP 362643	Local	MV041
Mount Victoria	Mount Victoria Memorial Park	92 and 92A Great Western Highway, 4A and 6 Montgomery Street and 2–14 Station Street	Lots 20–24 and 30, DP 3048; U. DP 3048; Part Lots 25–29, DP 3048; U. DP 648; Lots 1–7, DP 648	Local	MV044
Mount Victoria	Ivanhoe	94–98 Great Western Highway	Lot 1, DP 663613; Lot 3, DP 332; Lot 1, DP 536240	Local	MV047
Mount Victoria	Brick house	99–103 Great Western Highway	Lot 1, DP 914368; Lot 1, DP 668191	Local	MV061
Mount Victoria	Mount Victoria Public School	105–107 Great Western Highway	Lot 1, DP 904787; Lot 1, DP 945765	Local	MV014
Mount Victoria	Old Vic Post Office Gallery	111 Great Western Highway	Lots 4–6, DP 2625	Local	MV010
Mount Victoria	Mount Victoria Gallery	113 Great Western Highway	Lot 3, DP 33102	Local	MV062
Mount Victoria	Cafe and weatherboard cottage	115 Great Western Highway	Lot 1, DP 937743	Local	MV063
Mount Victoria	Weatherboard cottage	117 Great Western Highway	Lot 1, DP 404060	Local	MV064
Mount Victoria	Weatherboard shop	119 Great Western Highway	Lot 2, DP 404060	Local	MV065
Mount Victoria	Weatherboard cottage	120 Great Western Highway	Lot 1, DP 830098	Local	MV067
Mount Victoria	Marthaville	127–129A Great Western Highway	Lots 4–6 and 10–12, Section 1, DP 311	Local	MV048
Mount Victoria	Weatherboard cottage	135–139 Great Western Highway	Lot B, DP 338486	Local	MV068
Mount Victoria	Exeter	149–151 Great Western Highway	Lots 1 and 2, Section 2, DP 1948	Local	MV012
Mount Victoria	Karawatha House	161–165 Great Western Highway	Lot 2, DP 547911	Local	MV011
Mount Victoria	Toll House	167 Great Western Highway	Lot 19, DP 751644; Lot 1, DP 1095975	Local	MV008
Mount Victoria	Gatekeeper’s Cottage	169–181 Great Western Highway	Lot 2, DP 209434	Local	MV013
Mount Victoria	The Village Green and Parkshelter	1A Harley Avenue and 17A Station Street	Lot 1, DP 193449; Lot 2, DP 193005	Local	MV069
Mount Victoria	Mount Vic Flicks Cinema	2A Harley Avenue	Lot 1, DP 329188	Local	MV049
Mount Victoria	Acorn	12 Harley Avenue	Lot 35, DP 8454	Local	MV070
Mount Victoria	Sunnihi	14–16 Harley Avenue	Lot 36, DP 8454	Local	MV071
Mount Victoria	Stratford	6 Hooper Street	Lot 1, DP 19992	Local	MV072
Mount Victoria	Federation Cottage group	6, 8 and 10 Hooper Street	Lots 1–3, DP 19992	Local	MV075
Mount Victoria	Federation weatherboard cottage	8 Hooper Street	Lot 2, DP 19992	Local	MV073
Mount Victoria	Federation weatherboard cottage	10 Hooper Street	Lot 3, DP 19992	Local	MV074
Mount Victoria	Little Zig Zag	Kanimbla Valley Road	O. RD R11197.1603	Local	MV017
Mount Victoria	Post War fibro duplex	19 Kanimbla Valley Road	Lot 4, DP 10214	Local	MV076
Mount Victoria	Lawson’s Long Alley	Lawsons Long Alley		Local	MY005
Mount Victoria	Mount Victoria Railway Rest House	Main Western Railway (near Mt Victoria Railway Station)		Local	MV035
Mount Victoria	Station Master’s Cottage Site	Main Western Railway (near Mt Victoria Railway Station)		Local	MV034
Mount Victoria	Mount Victoria Railway Station	Main Western Railway (opposite junction of Darling Causeway and Cobb Lane)	Lot 1, DP 1186030	State	MV027
Mount Victoria	Brighthelm	4 Mathews Road	Lots 26 and 27, DP 2625	Local	MV077
Mount Victoria	Post War fibro cottage	6 Mathews Road	Lots 28 and 29, DP 2625	Local	MV078
Mount Victoria	Late Federation weatherboard cottage	7 Mathews Road	Lot F, DP 20354	Local	MV079
Mount Victoria	Marie P	28 Montgomery Street	Lot A, DP 362643	Local	MV022
Mount Victoria	Semi-detached cottages	30 and 32 Montgomery Street	Lots 3 and 4, Section 1, DP 569	Local	MV019
Mount Victoria	House	39 Montgomery Street	Lots 7 and 8, DP 971052	Local	MV038
Mount Victoria	The Maples	41–45 Montgomery Street	Lots 1–3, DP 1093556; Lot 8, 9, Section 2, DP 569	Local	MV039
Mount Victoria	Marcus Clark Cross (site only)	80–92 Mount York Road	Part Lot 74, DP 751644	Local	MY007
Mount Victoria	Barden Lookout	151 Mount York Road	Lot 108, DP 751644	Local	MY002
Mount Victoria	Blaxland Wentworth Lawson Memorial	151 Mount York Road	Lot 188, DP 751644	Local	MY012
Mount Victoria	Commemorative Pavilion	151 Mount York Road	Lot 188, DP 751644	Local	MY009
Mount Victoria	Cox’s Pass	151 Mount York Road	Lot 188, DP 751644	Local	MY004
Mount Victoria	Eddy Rock Lookout	151 Mount York Road	Lot 188, DP 751644	Local	MY003
Mount Victoria	Rustic Arch, Chair and Timber Seat	151 Mount York Road	Lot 188, DP 751644	Local	MY014
Mount Victoria	The Obelisk	151 Mount York Road	Lot 188, DP 751644	Local	MY010
Mount Victoria	Watsford Memorial	151 Mount York Road	Lot 188, DP 751644	Local	MY011
Mount Victoria	Rossmoyne	26–28 Selsdon Street	Lots 6 and 7, Section 3, DP 569; Lot 201, DP 1034536; Lot 1, DP 369659	Local	MV040
Mount Victoria	Weatherboard cottage	38 Station Street	Lot 1, DP 951339	Local	MV045
Mount Victoria	Bushrangers Cave	3–33 Toll Bar Road	Lot 2, DP 129744	Local	MV005
Mount Victoria	Engineers Cascade and Engineers Track	3–33 Toll Bar Road	Lot 1, DP 129744	Local	MV004
Mount Victoria	Pulpit Rock	3–33 Toll Bar Road	Lot 2, DP 129744	Local	MV003
Mount Victoria	Track—Fairy Bower and Old Railway Track	3–33 Toll Bar Road	Lot 3, DP 129744	Local	MV051
Mount Victoria	Mount Victoria Cemetery	10 Victoria Falls Road	Lot 187, DP 751644	Local	MV031
Mount Victoria	Fermoy	39–43 Victoria Street	Lot 6, Section 2, DP 311; Lot 4, DP 19992	Local	MV050
Mount Victoria	Track— Engineer’s Cascade and Henry Lawson Walk	70 Violet Road	Lot 53, DP 8464	Local	MV052
Mount Wilson	Du Faur’s Rocks	Blue Mountains National Park		Local	MW023
Mount Wilson	Farcry	16 Church Lane	Lot 2, DP 405798	Local	MW022
Mount Wilson	Sefton Hall	17–19 Church Lane	Lot 2, DP 507857	Local	MW019
Mount Wilson	Donna Buang	20 Church Lane	Lot C, DP 358644	Local	MW021
Mount Wilson	Sefton Cottage	21 Church Lane	Lot 8, DP 626491	Local	MW018
Mount Wilson	Koonawarra	24–26 Church Lane	Lot D, DP 358644; Lot 28, DP 1106197	Local	MW020
Mount Wilson	Dennarque	28–30 Church Lane	Lot 7, DP 598197	Local	MW015
Mount Wilson	Timber mill	11–25 Daintree Lane	Lot 15, DP 751645	Local	MW034
Mount Wilson	Campanella	2–10 Davies Lane	Lot 40, DP 751645; Lot 2, DP 130457	Local	MW003
Mount Wilson	Woodstock	3 Davies Lane	Lot 1, DP 323927	Local	MW008
Mount Wilson	Lindfield Park	53–55 Farrer Road	Lot B, DP 418721	Local	MW024
Mount Wilson	Merrygarth	17–21 Galwey Lane	Lot 2, DP 512414	Local	MW025
Mount Wilson	Wynstay	68–76 and 78 Mount Irvine Road and 4–6 Waterfall Road	Lots 1–3, DP 1073231	State	MW001
Mount Wilson	Founders Corner	81–83 Mount Irvine Road	Lot 7007, DP 92880	Local	MW012
Mount Wilson	Cathedral of Ferns	102–106 Mount Irvine Road	Lot 51, DP 751645	Local	MW036
Mount Wilson	Track to Happy Valley	116–128 Mount Irvine Road	Lot 7300, DP 1142301	Local	MW038
Mount Wilson	Timber Mill	117–119 Mount Irvine Road	Lot 1, DP 397990	Local	MW037
Mount Wilson	Yengo	11–19 Queens Avenue	Lot 3, DP 211236	Local	MW027
Mount Wilson	Shasta Lodge	18 Queens Avenue	Lot B, DP 350245	Local	MW032
Mount Wilson	Eastcote	20–22 Queens Avenue	Lot A2, DP 419038	Local	MW031
Mount Wilson	Cherry Cottage	21–23 Queens Avenue	Lot 2, DP 211236	Local	MW029
Mount Wilson	Windyridge	25–27 Queens Avenue	Lots A and B, DP 356468	Local	MW030
Mount Wilson	Breenhold	11–25, 20–32, 27–29, 39–41 and 43–45 The Avenue	Lots 7 and 8, DP 912314; Lot 1, DP 724203; Lots 4 and 96, DP 751645; Lot 5, DP 247396; Lot B, DP 357963; Lot 63, DP 661431; Lot 1, DP 244153; Part Lot 1, DP 906390; Lot 1, DP 904308; Lots A and B, DP 367380	Local	MW011
Mount Wilson	Silva Plana Reserve	12–14 The Avenue	Lot 1, DP 310428	Local	MW013
Mount Wilson	Village hall	34 The Avenue	Lot 1, DP 334342	Local	MW010
Mount Wilson	Maderra	36–42 The Avenue	Lot 25, DP 665005	Local	MW006
Mount Wilson	Mount Wilson Study Centre	51 The Avenue	Lot 81, DP 751645	Local	MW035
Mount Wilson	Bebeah	60–64 The Avenue	Lot 22, DP 593190	Local	MW002
Mount Wilson	Nooroo	63–67 The Avenue	Lot 30, DP 751645	Local	MW016
Mount Wilson	Withycombe	67–69 The Avenue	Lot 31, DP 751645	Local	MW017
Mount Wilson	St George’s Church of England	75 The Avenue	Lot 1, DP 946368	Local	MW004
Mount Wilson	Former post office	77 The Avenue	Lot 1, DP 313023	Local	MW005
Mount Wilson	Chimney Cottage	9–13 Waterfall Road	Lot A, DP 355069	Local	MW028
Mount Wilson	Wyndham	12–14 Wyndham Avenue	Lot C, DP 357964	Local	MW033
Mount Wilson	Wynnes Rocks Lookout	40 Wynnes Rocks Road	Lot 7003, DP 92882	Local	MW014
Springwood	Lomatia Park	32–44 Bland Road	Lot 7001, DP 1055103; Lot 7006, DP 94066	Local	SP046
Springwood	Blue Pool	Blue Mountains National Park		Local	SP004
Springwood	Magdala Falls	Blue Mountains National Park		Local	SP003
Springwood	Martins Falls	Blue Mountains National Park		Local	SP002
Springwood	Martins Lookout	Blue Mountains National Park		Local	SP001
Springwood	Christ Church Anglican Church	14 Charles Street and 345–351 Great Western Highway	Lot 1, DP 28933; Lot 1, DP 724139; Lot 1, DP 123552; Lot 1, DP 938012; Lot 11, DP 28933; Lot 1, DP 9200	State	SP008
Springwood	Springwood General Cemetery	40 Davesta Road	Lot 7005, DP 94061	Local	SP035
Springwood	Group of cottages	1, 2 and 3 Ferguson Road	Lots A, B and C, DP 951165	Local	SP062
Springwood	Bolands Inn (site only)	8–9 Ferguson Road	M. SP 71382	Local	SP007
Springwood	Warrah	12–13 Ferguson Road	Lot 1, DP 826909	Local	SP063
Springwood	Surrey	14 Ferguson Road	Lot 1, DP 656885	Local	SP064
Springwood	Waratah	239 Great Western Highway	Lot 1, DP 656881	Local	SP041
Springwood	Wancalee	253 Great Western Highway	Lot 60, DP 659851	Local	SP040
Springwood	Southall	353 Great Western Highway	Lot 1, DP 651760; Lot 2, DP 651761	Local	SP012
Springwood	The Rectory	371 Great Western Highway	Lot 2, DP 502087	Local	SP043
Springwood	Buttenshaw Park and sandstone gate posts	389–407 Great Western Highway	Lot 7002, DP 94194	Local	SP009
Springwood	Buckland Convalescent Home and garden	39 and 41 Hawkesbury Road, 38 Lawson Road and 6, 8 and 50 Peninsula Road	Lot 2, DP 710053; Lot 1, DP 18912; Lot A, DP 394057; Lots 3 and 24, DP 9132; Lot 2, DP 216950	State	SP016
Springwood	St Columba’s College (buildings, grounds, gates, Elmhurst)	168 Hawkesbury Road	Lots 2 and 3, DP 133438	Local	WL001
Springwood	Cottage group	14, 16 and 18 Homedale Street	Lot 2, DP 509449; Lot 1, DP 518618; Lot 1, DP 974333; Lot B, DP 303530	Local	SP050
Springwood	Springwood Gatekeeper’s Cottage	7 Macquarie Road	Lots 1 and 2, DP 399519	Local	SP018
Springwood	St Thomas Catholic Church	73–77 Macquarie Road	Lot 1, DP 801908	Local	SP013
Springwood	Buckland Park and Dr Baxter Memorial Gates	79, 81–99, 101–105 and 105X Macquarie Road	Lots 1–4, DP 226942; Lot 1, DP 449039	Local	SP031
Springwood	The Knoll	86–88 Macquarie Road	Lot A, DP 411017	Local	SP053
Springwood	Nirvana	90–92 Macquarie Road	Lot A, DP 329399	Local	SP054
Springwood	Caberfeagh	94–96 Macquarie Road	Lot 1, DP 947481	Local	SP055
Springwood	Danebury and grounds	100 Macquarie Road	Lot 1, DP 516591	Local	SP023
Springwood	Braemar	102–104 Macquarie Road	Lot 1, DP 181124	Local	SP022
Springwood	Railway water reservoir	105X Macquarie Road	Lot 1, DP 449039	Local	SP037
Springwood	Oriental Hotel	110–120 Macquarie Road	Lot 1, DP 880313	Local	SP029
Springwood	Frazer Memorial Presbyterian Church	158 Macquarie Road	Lot 10, DP 740446	Local	SP019
Springwood	Post Office	179 Macquarie Road	Lot 1, DP 437176	Local	SP027
Springwood	Site of Former Springwood School of the Arts	180–184 Macquarie Road	Lot 1, DP 937525	Local	SP065
Springwood	Former police lock-up and Manners Park	181–183 Macquarie Road	Lot 7003, DP 94064	Local	SP026
Springwood	Colless’ Building	200 and 208 Macquarie Road	Lots A and B, DP 404664	Local	SP057
Springwood	Ryan House	212 Macquarie Road	Lot 2, DP 719932	Local	SP058
Springwood	Royal Hotel	220 Macquarie Road	Lot 1, DP 719932	Local	SP045
Springwood	Shop	246 Macquarie Road	Lot 2, DP 510959	Local	SP059
Springwood	Historical Marker	331A Macquarie Road	Lot 2, DP 26754	Local	SP020
Springwood	Springwood Railway Station	Main Western Railway (on Macquarie Road)		State	SP011
Springwood	Cottage	105 Paterson Road	Lot 395, DP 1122152	Local	SP032
Springwood	Innisfail	3 Station Street	Part Lot 1, DP 309414	Local	SP061
Springwood	Wiggins Track	69–77 Yondell Avenue	Lot 50, DP 751654	Local	SP005
Sun Valley	House	52 Great Western Highway	Lot 2, DP 867663	Local	VH008
Sun Valley	Quarry	Main Western Railway (opposite exit for Sun Valley Road)		Local	WM003
Valley Heights	Valley Heights Railway Station	46P Great Western Highway	Lot 100, DP 1154265	State	VH001
Valley Heights	Railway Roundhouse	46P Great Western Highway and 17B Tusculum Road	Lot 100, DP 1154265; Lot 202, DP 1062084	State	VH004
Valley Heights	House	4 Green Parade	Lot 2, DP 354408	Local	VH005
Valley Heights	White Lodge and Coolhi	16, 17 and 17A Green Parade	Lot 1, DP 338964; Lots 21 and 22, DP 1103515	Local	VH006
Valley Heights	Gatekeeper’s cottage	110 and 112 Green Parade	Lots 101 and 102, DP 631760	State	VH003
Valley Heights	Clarence	21 Peninsula Road	Lot 1, DP 327224	Local	VH013
Valley Heights	House	11 The Valley Road	Lot 6, DP 7737	Local	VH011
Warrimoo	Warrimoo horse trough	314A Great Western Highway	Part Lot 10, DP 1006303	Local	WM002
Wentworth Falls	Halcyon	1–3 and 5 Allen Crescent	Lots 1–3, Section C, DP 8845	Local	WF049
Wentworth Falls	Charles Medcalf cottages	19–25 Armstrong Street	Lots B and C, DP 10597; Lots 1 and 2, DP 346750	Local	WF081
Wentworth Falls	“Fairway”	112 Blaxland Road	Lot 152, DP851717	Local	WF111
Wentworth Falls	House and garden	178 Blaxland Road	Lot 3, DP 1010156	Local	WF052
Wentworth Falls	Kings Table	Blue Mountains National Park		Local	WF010
Wentworth Falls	Track—Roberts Pass	Blue Mountains National Park		Local	WF094
Wentworth Falls	Track—The Wentworth Pass	Blue Mountains National Park		Local	WF096
Wentworth Falls	Valley of the Waters	Blue Mountains National Park		Local	WF008
Wentworth Falls	Vera Falls Track	Blue Mountains National Park		Local	WF095
Wentworth Falls	Wentworth Falls Lookout	Blue Mountains National Park		Local	WF045
Wentworth Falls	Wentworth Falls Reserve	Blue Mountains National Park		Local	WF065
Wentworth Falls	Bodington Hospital	6 Bodington Drive	Lot 500, DP 1026718	Local	WF047
Wentworth Falls	Verna	11 Cale Lane	M. SP 77918	Local	WF082
Wentworth Falls	Track—Water Nymphs Dell	13 Dell Road	Lot 531, DP 751646	Local	WF092
Wentworth Falls	Fence and Trees	Falls Road		Local	WF064
Wentworth Falls	Falls Timber and Hardware Store	1 Falls Road	Lot A, DP 309673; Lot 1, DP 656641	Local	WF078
Wentworth Falls	Wilson Park	2–6 and 8–50 Falls Road and 206 Great Western Highway	Part Lot 19, DP 751646; Lot 7008, DP 1127372; Lot 7311, DP 1143540; Lot 1, DP 343878	Local	WF070
Wentworth Falls	Charles Darwin Walk (including Jamison Creek Corridor)	8–50 Falls Road, 20 Fitzstubbs Avenue, 15–17 Page Avenue and 2–4 Wentworth Street	Lot 7311, DP 1143540; Lot 7008, DP 1127372; Part Lot 7320 and Lots 7321–7323, DP 1144873; Lot 1, Section 21, DP 759075; Lot 8, Section 9, DP 759075; Lot 24, DP 22703; Lot 122, DP 773754; Lot 11, DP 598531	Local	WF093
Wentworth Falls	Wentworth Falls Public School	52–58 Falls Road	Lot 541, DP 820555; Lot 160, DP 751646; Lot 3–5, Section 6, DP 759075; Lot 1, DP 304458	Local	WF108
Wentworth Falls	Strathmore	74 Falls Road	Lot 6, DP 20496	Local	WF012
Wentworth Falls	Grindelwald	165 Falls Road	Lot 13, DP 719931	Local	WF040
Wentworth Falls	Pirramimma and grounds	168–176 Falls Road	Lot 1, Section A, DP 3497	Local	WF039
Wentworth Falls	Whispering Pines and grounds	178–186 Falls Road	Lot 1, DP 724112	Local	WF038
Wentworth Falls	Land at Jamison Creek	178–186 Falls Road, 20 Fitzstubbs Avenue, 2 Fletcher Street, 2–4 Wentworth Street and 34A, 35 and 37 Yester Road	Lot 7, DP 911040; Part Lot 7320 and Lot 7321, DP 1144873; Lot 11, DP 598531; Lots 83 and 122, DP 773754; Lots 7, 9 and 13, DP 751646	Local	WF030
Wentworth Falls	Carramar	80 and 82 Fletcher Street	Lots 1, 2 and 12, Section 27, DP 759075	Local	WF015
Wentworth Falls	Grand View Hotel and Garages	Great Western Highway	Lot 22, DP 832286	Local	WF018
Wentworth Falls	House	188 Great Western Highway	Lot 1, DP 403657	Local	WF098
Wentworth Falls	Saville Motors	204 Great Western Highway	Lot 1, DP 851080	Local	WF099
Wentworth Falls	Wentworth Falls School of Arts	217–219 Great Western Highway	Lot 14, DP 1037376	Local	WF001
Wentworth Falls	Blue Mountains Grammar School	221–271 Great Western Highway	Lot 14, DP 1051521	Local	WF029
Wentworth Falls	Wentworth Falls General Cemetery	278–312 Great Western Highway	Lot 7317, DP 1143882	Local	WF107
Wentworth Falls	Brucedale	27 Langford Road	Lot B, DP 372577	Local	WF069
Wentworth Falls	Darwins Oak	3–15 Matcham Avenue	Part Lot 5, DP 38658	Local	WF042
Wentworth Falls	Weatherboard Inn Archaeological Site	3–15 Matcham Avenue	Part Lot 5, DP 38658	State	WF019
Wentworth Falls	Kubba Kundi	1A and 1B Pritchard Street	Part Lot 40 and Lot 39, DP 8274	Local	WF037
Wentworth Falls	Green Gables and garden	28 Railway Parade	Lot 1, DP 1074503	Local	WF043
Wentworth Falls	Rhondda Valley, grounds and railway sign	106–120 and 110W–120W Railway Parade	Lots 68–72, DP 7988; Lots 1 and 5, DP 1088828	Local	WF020
Wentworth Falls	Wentworth Falls Lake Reserve	33–39, 41–51, 51A and 53–59 Sinclair Crescent and 20 and 22–36 Waratah Road	Part Lot 11, DP 751646; Lots 1 and 2, DP 510399; Lots 7023 and 7024, DP 1127147; Lot 1, DP 824022; Lots 1 and 2, DP 706080	Local	WF021
Wentworth Falls	Camberwell	95 and 97 Sinclair Crescent	Lots 1 and 2, DP 510553	Local	WF062
Wentworth Falls	Anderson Buildings	1–9 Station Street	Lots 1 and 2, DP 1017741; Lots A and B, DP 413449; Lot 3, DP 830311	Local	WF110
Wentworth Falls	Federation shops and residences	10 and 11 Station Street	Lots 1 and 2, DP 830311	Local	WF111
Wentworth Falls	Il Postino	13 Station Street	Lot 1, DP 90372	Local	WF112
Wentworth Falls	Arched Stone Culvert	19P Station Street	Lot 1, DP 1057146	Local	WF036
Wentworth Falls	War Memorial, Coronation Park	19P Station Street	Lot 1, DP 1057146	Local	WF097
Wentworth Falls	Wentworth Falls Railway Station	19P Station Street	Lot 1, DP 1057146	Local	WF022
Wentworth Falls	Federation Shops and Residences	22 Station Street	M. SP 58101	Local	WF113
Wentworth Falls	Mature pine streetscape	106–136 Tableland Road	Lots 48 and 49, DP 23419; Lots 1, 2 and 4–6, DP 24871; Lot 1, DP 562752; Lots 91–94, DP 565055; Lot 8, DP 244461	Local	WF048
Wentworth Falls	Cherrywood	130–134 Tableland Road	Lot 91, DP 565055	Local	WF024
Wentworth Falls	Queen Victoria Sanitorium	215–229 Tableland Road	Lot 13, DP 751648	Local	WF025
Wentworth Falls	Mulwaree	59 Wentworth Street	Lot 1, DP 843546	Local	WF026
Wentworth Falls	Sunny Brae	1 West Street	Part Lot 1, Section 29, DP 759075	Local	WF031
Wentworth Falls	House and garden	2 West Street	Lot 2, DP 803930	Local	WF063
Wentworth Falls	Pini Dell	29 Westbourne Avenue and 3 Wood Street	Lots 11 and 12, DP 6495	Local	WF051
Wentworth Falls	Jamison Creek	Wilson Park		Local	WF090
Wentworth Falls	Myoori Park	34A Wilson Street	Lot 12, DP 23542	Local	WF105
Wentworth Falls	Roselidden	4 and 6 Wood Street	Lots 2 and 3, DP 6495	Local	WF057
Wentworth Falls	Yester Grange	34 and 34A Yester Road	Lot 1, DP 716356; Lot 9, DP 751646	Local	WF027
Winmalee	Heatherbrae and Garden	363 Hawkesbury Road	Lot 4, DP 1016352	Local	WL002
Winmalee	Hartfields	592–596 Hawkesbury Road	Lot 11, DP 749923	Local	WL004
Winmalee	Mountains Fiesta Restaurant	14–28 White Cross Road	Lot 201, DP 1115166	Local	WL005
Winmalee	Group of Bunya Pines	14–28 and 58–60 White Cross Road	Lot 201, DP 1115166; Lot 1, DP 565929	Local	WL003
Woodford	Cox’s Road	Great Western Highway		Local	WD009
Woodford	Woodford Railway Station	55P Great Western Highway	PTT. MS 1053SY	Local	WD002
Woodford	Woodford Uniting Church	68A and 68B Great Western Highway	Lot 2, DP 597929; Lot 1, DP 927883	Local	WD006
Woodford	Woodford House	69 Great Western Highway	Lot 1, DP 597929	Local	WD011
Woodford	Memorial Park	70, 70A and 75A Great Western Highway	Lots 1 and 2, DP 816624; Lot 7008, DP 1127690	Local	WD010
Woodford	Former St Paul’s Anglican Church	78A Great Western Highway	Lot 13, DP 1092379	Local	WD005
Woodford	Twenty Mile Hollow Lock-up Site	88–89 and 90–92 Great Western Highway and 10, 12 and 20–26 Woodford Avenue	Part Lots 1 and 2, DP 526971; Lot 1, DP 344568; Lot 2, DP 503405; Lots 10–13, DP 12872; Lot 1, DP 506138; Lot 1, DP 388386	Local	WD004
Woodford	Woodford Academy and Grounds	88–89 and 90–92 Great Western Highway and 10, 12 and 20–26 Woodford Avenue	Part Lots 1 and 2, DP 526971; Lot 1, DP 344568; Lot 2, DP 503405; Lots 10–13, DP 12872; Lot 1, DP 506138; Lot 1, DP 388386	State	WD001
Woodford	Tyn-y-Coed (site only)	107 Great Western Highway and 14 and 16 Woodbury Street	Lot 6, DP 1092379; Lots 2 and 3, DP 229517	Local	WD003
Woodford	Rainbow Lodge and grounds	123–125 Great Western Highway	Lot 1, DP 128645; Lot 1, DP 1135852; Lot 2, DP 1005075	Local	H001
Woodford	Garden—Stoney Hill	127 Great Western Highway	Lot 3, DP 653102	Local	WD014
Woodford	Remnants of Cox’s Road	2 Hepburn Road and 26, 28, 36, 38, 40A, 41, 41A, 43A, 45A and 47A Old Bathurst Road	Lot 20, DP 813905; Lots 44–48 and 50, DP 108090; Lot 2, DP 562051; Lot 1, DP 133947; Lot 1, DP 119810; Lot 7, DP 668857	Local	LD019
Woodford	Rockcorry cottages	30–34 Old Bathurst Road	Lot 3, DP 342000; Lots 1 and 2, DP 1083452	Local	LD013
Woodford	Capt Bulls Chair	Railway Parade		Local	LD017
Woodford	Gypsy Pool and Wilson Glen	26–31, 32, 34, 35, 36–40 and 42–50 Railway Parade	Part Lot 1 and Lots 2, 3 and 9, Section 4, DP 590; Lots A–G, DP 329895; Lot 4, DP 658477; Lots 11–13, DP 606633; Part Lots 20 and 28, DP 751652	Local	WD015
Woodford	Abandoned railway cuttings	25 Station Street	Lot 5, DP 828325	Local	WD012
Woodford	Birralee and garden	11 The Appian Way	Lot 42, DP 568721	Local	WD013
Woodford	Bulls Camp	155–175 Winbourne Road and 1–6 Great Western Highway	Part Lot 20, DP 751670; Lot 7010, DP 1124583	Local	LD010
Woodford	Weroona and grounds	21 Woodford Avenue	Lot 1, DP 350413	Local	WD007
Yellow Rock	Yellow Rock Trig Station	10 Trig Road	Lot 7301, DP 1147422	Local	YR001
Yellow Rock	Hawkesbury Panorama Lookout	134 Yellow Rock Road	Lot 7004, DP 1073008	Local	HH002
Yellow Rock	Lapstone Monocline	134 Yellow Rock Road	Lot 3, DP 665564	Local	L004

Part 2 Heritage conservation areas

Name of Heritage Conservation Area	Identification on Heritage Map	Significance
Central Katoomba Urban Conservation Area	Shown in red hatching and marked “K159”	Local
Central Leura—Urban Conservation Area	Shown in red hatching and marked “LA018”	Local
Central Mount Victoria Urban Conservation Area	Shown in red hatching and marked “MV023”	Local
Cottages	Shown in red hatching and marked “WF073”	Local
Honour Gardens Conservation Area	Shown in red hatching and marked “LN014”	Local
Jamison Valley	Shown in red hatching and marked “K007”	Local
Lurline Street Precinct	Shown in red hatching and marked “K053”	Local
Macquarie Road Conservation Area	Shown in red hatching and marked “SP056”	Local
Mount Irvine and environs	Shown in red hatching and marked “MI001”	Local
Mount Tomah and environs	Shown in red hatching and marked “MT002”	Local
Mount Wilson Conservation Precinct	Shown in red hatching and marked “MW026”	Local
Mount York and Environs	Shown in red hatching and marked “MY008”	Local
Precinct of cottages	Shown in red hatching and marked “LN025”	Local
Precinct of cottages	Shown in red hatching and marked “LN030”	Local
Railway Parade Conservation Area	Shown in red hatching and marked “H008”	Local
Residential Precinct	Shown in red hatching and marked “LA033”	Local
Residential Precinct	Shown in red hatching and marked “WF044”	Local
Station Street Precinct	Shown in red hatching and marked “WF032”	Local

Part 3 Places of Aboriginal heritage significance

Name of Aboriginal place	Identification on Heritage Map
Kings Tableland	Shown in yellow broken line and marked “AH002”
Shaws Creek	Shown in yellow broken line and marked “AH004”
Three Sisters	Shown in yellow broken line and marked “AH003”
Upper Kedumba River Valley—The Gully	Shown in yellow broken line and marked “AH001”

sch 5: Am 2017 (610), Sch 1 [10] [11].

Schedule 6 Pond-based and tank-based aquaculture

(Clause 5.19)

Part 1 Pond-based and tank-based aquaculture

Division 1 Site location requirements

1 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water:

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned:

(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,

(b)  land declared as a marine park under the Marine Estate Management Act 2014.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

Division 2 Operational requirements

2 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

3 Pond-based aquaculture that is also intensive aquaculture—pond design

For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.

4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges

For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.

5 Outlets from culture ponds etc

All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.

6 Definition

In this Division:

intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.

Part 2 Extensive pond-based aquaculture

Division 1 Site location requirements

7 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water:

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

8 Flood liability

Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.

Division 2 Operational requirements

9 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

10 Pond design

(1)  Must not require the construction of new ponds, water storages, dams or buildings.

(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.

(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.

11 Culture water

Must use freshwater.

Schedule 6 Significant vegetation communities

(Dictionary)

Note 1—

In this Schedule, some scientific names appear in either italics or bold. Bold is used to denote rare, threatened or dominant species.

Note 2—

Significant vegetation communities consist of the following naturally occurring plant communities in the Blue Mountains. These communities are based not only on the plant species composition, but also on specific topographic and edaphic (soil) qualities that make vegetation habitats important.

Note 3—

The structural formation of the plant communities follows the classification of Specht et al (1974) (see clause 8 of this Schedule). Descriptions of the vegetation communities in this Schedule have, in part, been adapted from Keith and Benson (1988), Smith and Smith (1998) and Douglas (2001). See clause 8 of this Schedule for a comprehensive list of referenced material.

1 Tall Closed-forest/Closed-forest/Low Closed-forest (Rainforest)

(1) Ceratopetalum apetalum-Doryphora sassafras Rainforest Ceratopetalum apetalum-Doryphora sassafras (Coachwood-Sassafras) Rainforest is found on sedimentary geology at upper and middle altitudes in the Blue Mountains. A variant, the ‘Montane Rainforest’ also occurs on more fertile soils on the slopes of the basalt-capped mountains in the far north of the City. The rainforest on basalt can be very similar both structurally and floristically to rainforest on sedimentary rock where there is significant influence from alluvium derived from the basalt up-slope. As the basalt influence decreases and the sedimentary rock becomes more prominent due to erosion, the structure and floristics blend into typical Sydney Sandstone Gallery Rainforest, which tends to be less diverse than rainforest on basalt, particularly in the understorey.

These rainforest communities are replaced at lower altitudes by Backhousia myrtifolia-Ceratopetalum apetalum rainforest (described below). The upper and lower altitude communities intergrade in the Springwood area. Ceratopetalum apetalum-Doryphora sassafras rainforest occurs in sheltered, moist sites that are rarely, if ever, burnt.

The dominant tree species is usually Ceratopetalum apetalum (Coachwood) and/or Doryphora sassafras (Sassafras). Other trees that are common in some stands are Acacia elata (Mountain Cedar Wattle), Acmena smithii (Lilly Pilly), Callicoma serratifolia (Black Wattle), Hedycarya angustifolia (Native Mulberry) and Quintinia sieberi (Possumwood). Backhousia myrtifolia (Grey Myrtle) is usually absent, although sometimes a minor component of the community. The vegetation structure is usually a closed-forest or low closed-forest. There may be a layer of emergent eucalypts above the rainforest canopy in ecotonal or partly disturbed communities. Ferns, vines and epiphytes are usually prominent features of the community.

This community is generally characterised by the occurrence of Ceratopetalum apetalum or Doryphora sassafras with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia elata; Acmena smithii; Asplenium australasicum; Asplenium flabellifolium; Blechnum ambiguum; Blechnum cartilagineum; Blechnum gregsonii; Blechnum nudum; Blechnum patersonii; Blechnum wattsii; Bursaria spinosa; Callicoma serratifolia; Calochlaena dubia; Carex appressa; Cassytha pubescens; Centella asiatica; Cephalaralia cephalobotrys; Ceratopetalum apetalum; Cissus antartica; Cissus hypoglauca; Clematis aristata; Coprosma quadrifida; Cyathea australis; Cyathea leichhardtiana; Cynoglossum latifolium; Dendrobium teretifolium; Dicksonia antarctica; Doodia aspera; Doryphora sassafras; Dracophyllum secundum; Elaeocarpus holopetalus; Elaeocarpus reticulatus; Eucalyptus oreades; Eucalyptus piperita; Eucalyptus radiata subsp. radiata; Fieldia australis; Geitonoplesium cymosum; Geranium homeanum; Gleichenia microphylla; Grammitis billardieri; Hakea salicifolia; Hedycarya angustifolia; Hydrocotyle peduncularis; Hymenanthera dentata; Hymenophyllum cupressiforme; Juncus planifolius; Lastreopsis acuminata; Leptopteris fraseri; Leptospermum polygalifolium; Libertia pulchella; Lomandra montana; Lomatia myricoides; Microsorum diversifolium; Microsorum scandens; Morinda jasminoides; Notelaea longifolia; Notelaea venosa; Pandorea pandorana; Parsonsia brownii; Parsonsia leichhardtii; Parsonsia straminea; Passiflora cinnabarina; Pellaea falcata; Pittosporum revolutum; Pittosporum undulatum; Polystichum proliferum; Pyrrosia rupestris; Quintinia sieberi; Rubus hillii; Rubus rosifolius; Smilax australis; Smilax glyciphylla; Stellaria flacida; Stenocarpus salignus; Sticherus flabellatus; Sticherus lobatus; Syncarpia glomulifera; Tasmannia insipida; Todea barbara; Tristania neriifolia; Tristaniopsis collina; Tristaniopsis laurina; Tylophora barbata; Urtica incisa; Viola hederacea

(2) Backhousia myrtifolia-Ceratopetalum apetalum Rainforest Backhousia myrtifolia-Ceratopetalum apetalum (Myrtle-Coachwood) Rainforest refers to the community found on sedimentary geology at lower altitudes in the Blue Mountains. It is replaced at middle and upper altitudes by Ceratopetalum apetalum-Doryphora sassafras Rainforest. The two communities intergrade in the Springwood area. Backhousia myrtifolia-Ceratopetalum apetalum Rainforest occurs on relatively fertile soils in sheltered, moist sites that are rarely, if ever, burnt.

Backhousia myrtifolia (Grey Myrtle) is the dominant or co-dominant tree with Ceratopetalum apetalum (Coachwood) or Acmena smithii (Lilly Pilly) or both. Other trees that may be common are Acacia elata (Mountain Cedar Wattle), Callicoma serratifolia (Black Wattle) and Syncarpia glomulifera (Turpentine). Doryphora sassafras (Sassafras) is often present, but not as a dominant. The vegetation structure is usually a closed-forest or low closed-forest. There may be a layer of emergent eucalypts above the dense rainforest canopy in ecotonal or partly disturbed communities. Ferns, vines and epiphytes are usually prominent features of the community.

This community is generally characterised by the occurrence of Backhousia myrtifolia and Ceratopetalum apetalum along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia elata; Acmena smithii; Acrotriche divaricata; Adiantum aethiopicum; Adiantum hispidulum; Allocasuarina littoralis; Allocasuarina torulosa; Asplenium flabellifolium; Astrotricha latifolia; Backhousia myrtifolia; Blechnum cartilagineum; Boronia fraseri; Callicoma serratifolia; Calochlaena dubia; Ceratopetalum apetalum; Cissus hypoglauca; Cyathea australis; Dianella caerulea; Doodia aspera; Doryphora sassafras; Elaeocarpus reticulatus; Entolasia stricta; Eucalyptus piperita; Lepidosperma gunnii; Lepidosperma laterale; Lomandra longifolia; Lomandra montana; Morinda jasminoides; Notelaea longifolia; Ozothamnus diosmifolius; Pandorea pandorana; Parsonsia straminea; Persoonia mollis; Pittosporum revolutum; Pittosporum undulatum; Prostanthera violacea; Pultenaea flexilis; Pyrrosia rupestris; Rapanea variabilis; Schoenus melanostachys; Smilax australis; Smilax glyciphylla; Sticherus flabellatus; Syncarpia glomulifera; Tasmannia insipida; Todea barbara; Tylophora barbata; Zieria smithii

(3) Megalong Granite Dry Rainforest (Backhousia myrtifolia) Within the southern parts of the Blue Mountains in the Megalong Valley are a few small remnants of granite dry rainforest. These communities are generally confined to narrow strips occurring in south-facing rocky slopes and gullies that have survived clearing and where grazing by livestock is minimal. It is evident that the dry rainforest on the granite is strongly allied with that in the Kowmung Wilderness on the Lambie Group.

The dominant species in this community is Backhousia myrtifolia (Myrtle) that occurs as a tall closed-scrub or low closed-forest. Infrequent emergents are mainly Eucalyptus tereticornis (Forest Red Gum) or Brachychiton populneus (Kurrajong). The small tree Rapanea howittiana (Brush Muttonwood) may also occur and it is likely that the larger or more protected sites also support Toona ciliata (Red Cedar). This community may grade into the Riparian Granite Slope Forest (see community (2O)).

The understorey is dominated by ferns and scattered herbs. Species include the ferns Pellaea falcatavar.falcata, P. falcatavar.nana and Adiantum aethiopicum, the vines Aphanopetalum resinosum and Marsdenia flavescens, the herbs Parietaria debilis, Hydrocotyle geraniifolia, Sigesbeckia orientalis and Plectranthus parviflorus, the grass Oplismenus aemulus and possibly Ehretia acuminata.

This community is generally characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia falciform is; Acacia implexa; Acacia obtusifolia; Acacia parramattensis; Acaena novaezelandiae; Adiantum aethiopicum; Ajuga australis; Angophora floribunda; Aphanopetalum resinosum; Asplenium flabellifolium; Austrostipa pubescens; Backhousia myrtifolia; Blechnum cartilagineum; Brachychiton populneus; Brachycome angustifolia var. angustifolia; Carex appressa; Cassinia arcuata; Centella asiatica; Cheilanthes distans; Desmodium varians; Dianella longifolia; Dianella revoluta; Dichelachne rara; Dichondra repens; Echinopogon ovatus; Ehretia acuminate; Entolasia stricta; Epilobium hirtigerum; Eucalyptus camphora; Eucalyptus eugenioides; Eucalyptus punctata; Eucalyptus tereticornis; Eucalyptus viminalis; Exocarpus strictus; Galium propinquum; Geitonoplesium cymosum; Geranium homeanum; Geranium retrorsum; Gonocarpus tetragynus; Helichrysum scorpioides; Hydrocotyle geraniifolia; Indigofera australis; Lepidosperma gunnii; Lepidosperma viscidum; Leucopogon lanceolata; Leucopogon virgatus; Libertia paniculata; Lomandra glauca; Lomandra gracilis; Lomandra longifolia; Lomandra multiflora; Lomatia myricoides; Lomatia silaifoliaLuzula flaccida; Marsdenia flavescens; Marsdenia rostrata; Microlaena stipoides; Oplismenus aemulus; Oplismenus imbecillis; Pandorea pandorana; Parietaria debilis; Pellaea falcata; Persoonia linearis; Plantago debilis; Plantago gaudichaudii;Plectranthus parviflorus; Poa sieberiana; Polystichum proliferum; Poranthera microphylla; Pratia purpurascens; Pteridium esculentum; Ranunculus lappaceus; Rapanea howittiana; Rubus parvifolius; Rumex brownii; Schoenus apogon; Senecio lautus subsp. dissectifolius; Senecio minimus; Sigesbeckia orientalis; Solanum cinereum; Stackhousia viminea; Stellaria flaccida; Stypandra glauca; Toona ciliata; Urtica incisa; Veronica plebeia; Viola betonicifolia; Wahlenbergia stricta

2 Tall open-forest/open-forest

(1) Moist Basalt Cap Forest (Eucalyptus viminalis-E. blaxlandii-E. radiata subsp. radiata) The basalt caps of Mt. Wilson, Mt. Tomah, Mt. Bell, Mt. Banks, Mt. Caley and Mt. Hay have weathered to a fertile clay-loam soil. At high altitudes (800–1,000 metres), the summits and slopes of these areas support a tall open-forest variously dominated by Eucalyptus viminalis (Ribbon Gum), E. blaxlandii (Brown Stringybark) and E. radiatasubsp.radiata (Narrow-leaved Peppermint). Other canopy species that may be encountered include E. cypellocarpa (Monkey Gum), E. oreades (Blue Mountain Ash) and E. fastigata (Brown Barrel).

The understorey of the Moist Basalt Cap Forest generally has scattered shrubs including Acacia melanoxylon, A. penninervis, Polyscias sambucifolia, Astrotricha floccosa, Daviesia ulicifolia and Leucopogon lanceolatus with occasional tree ferns, Cyathea australis. The ground cover includes numerous herbs and ferns.

The Moist Basalt Cap Forest community is generally characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia elata; Acacia falciform is; Acacia melanoxylon; Acacia obtusifolia; Acacia penninervis; Acaena novaezelandiae; Ajuga australis; Angophora costata; Angophora floribunda; Astrotricha floccose; Astrotricha latifolia; Blechnum cartilagineum; Blechnum nudum; Bursaria longisepala; Centella asiatica; Clematis aristata; Cyathea australis; Daviesia ulicifolia; Dianella caerulea; Dianella longifolia; Doodia aspera; Echinopogon ovatus; Entolasia stricta; Eucalyptus blaxlandii; Eucalyptus cypellocarpa; Eucalyptus fastigata; Eucalyptus oreades; Eucalyptus radiata subsp. radiata; Eucalyptus viminalis; Eustrephus latifolius; Geitonoplesium cymosum; Geranium homeanum; Geranium potentilloides; Glycine tabacina; Gonocarpus teucrioides; Hymenanthera dentata; Indigofera australis; Leucopogon lanceolatus; Lomandra longifolia; Microlaena stipoides; Polyscias sambucifolia; Pteridium esculentum; Pultenaea flexilis; Rapanea howittiana; Smilax australis; Stellaria flaccida; Stellaria pungens; Tylophora barbata; Veronica plebeia; Viola betonicifolia; Viola hederacea

(2) Blue Mountains Shale Cap Forest (Eucalyptus deanei-E. punctata-Syncarpia glomulifera) This community is included within the “Blue Mountains Shale Cap Forest in the Sydney Basin Bioregion” listed as an Endangered Ecological Community in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995.

Eucalyptus deanei-E. punctata-Syncarpia glomulifera open to tall open-forest incorporates the vegetation communities found on deep, shale-rich soils on ridges and upper slopes. Within the City, such vegetation occurs only in the lower altitudes whereas it extends to the higher altitudes in the adjoining Hawkesbury City.

Within the City, this community is characterised by Eucalyptus deanei (Mountain Blue Gum), which is dominant or co-dominant with E. punctata (Grey Gum) Syncarpia glomulifera (Turpentine). Other tree species that may be present include Angophora costata (Sydney Red Gum), A. floribunda (Rough-barked Apple), Eucalyptus piperita (Sydney Peppermint) and E. punctata (Grey Gum). E. piperita is associated with the edge of this community and a relatively low influence from the shale. The typical vegetation structure is tall open-forest, although this may vary depending on site conditions and history. It is generally a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.

This community is generally characterised by the occurrence of Eucalyptus deanei, E. punctata and Syncarpia glomulifera along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia elata; Acacia longifolia; Acacia parramattensis; Acianthus exsertus; Adiantum aethiopicum; Allocasuarina littoralis; Allocasuarina torulosa; Angophora costata; Angophora floribunda; Astrotricha latifolia; Backhousia myrtifolia; Blechnum cartilagineum; Blechnum nudum; Bracteantha bracteata; Breynia oblongifolia; Callicoma serratifolia; Calochlaena dubia; Cassytha pubescens; Ceratopetalum gummiferum; Cissus antarctica; Clematis aristata; Dianella caerulea; Dichelachne rara; Dichondra repens; Dodonaea triquetra; Doodia aspera; Echinopogon ovatus; Entolasia marginata; Entolasia stricta; Eucalyptus cypellocarpa; Eucalyptus deanei; Eucalyptus globoidea; Eucalyptus notabilis; Eucalyptus paniculata; Eucalyptus piperita; Eucalyptus punctata; Eustrephus latifolius; Geitonoplesium cymosum; Geranium solanderi; Glycine clandestina; Hakea dactyloides; Hardenbergia violacea; Hibbertia diffusa; Imperata cylindrica; Indigofera australis; Kennedia rubicunda; Lepidosperma laterale; Leucopogon lanceolatus; Lomandra longifolia; Lomatia silaifolia; Microlaena stipoides; Oplismenus aemulus; Oplismenus imbecillis; Ozothamnus diosmifolius; Pandorea pandorana; Persoonia linearis; Phyllanthus hirtellus; Pittosporum revolutum; Pittosporum undulatum; Platysace lanceolata; Polyscias sambucifolia; Pratia purpurascens; Pseuderanthemum variabile; Pteridium esculentum; Pultenaea flexilis; Rubus parvifolius; Schoenus melanostachys; Smilax australis; Smilax glyciphylla; Stypandra glauca; Syncarpia glomulifera; Telopea speciosissima; Themeda australis; Tristaniopsis collina; Tylophora barbata

(3) Sydney Turpentine-Ironbark Forest (Syncarpia glomulifera-Eucalyptus fibrosa-E.crebra) Sydney Turpentine-Ironbark Forest is listed as an Endangered Ecological Community in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995.

Within the City, this community represents a drier and generally lower altitude variant of the Blue Mountains Shale Cap Forest. The primary difference is the general absence of Eucalyptus deanei and E. notabilis and the usual dominance of Syncarpia glomulifera (Turpentine), sometimes along with various ironbark species such as E. fibrosa (Broad-leaved Ironbark), E. crebra (Narrow-leaved Ironbark), and E. beyeriana (Beyer’s Ironbark). The ironbarks can be absent or rare due to their extensive logging for fencing purposes. E. punctata (Grey Gum), E. notabilis (Mountain Mahogany), E. paniculata (Grey Ironbark), E. globoidea (White Stringybark) and E. eugenioides (Thin-leaved Stringybark) may also be present.

The original distribution of this community and the boundary between it and the Blue Mountains Shale Cap Forest is unclear due to extensive clearing or modification of these vegetation types. The two communities are closely related and may intergrade extensively. In addition, this community intergrades with Shale/Sandstone Complex Forest (described below).

Sydney Turpentine-Ironbark Forest occurs on ridgetop caps of Wianamatta Shale. It may extend onto deeper areas of Hawkesbury Shale within the so-called Mittagong Formation.

Sydney Turpentine Ironbark Forest is characterised in the Blue Mountains by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia decurrens; Acacia falcata; Acacia implexa; Acacia longifolia; Acacia parramattensis; Allocasuarina torulosa; Angophora costata; Angophora floribunda; Billardiera scandens; Bursaria spinosa; Caesia parvifolius; Cheilanthes sieberi; Corymbia gummifera; Daviesia squarrosa; Dianella caerulea; Dichelachne rara; Dichondra repens; Echinopogon caespitosus; Entolasia marginata; Entolasia stricta; Eucalyptus beyeriana; Eucalyptus crebra; Eucalyptus eugenioides; Eucalyptus fibrosa; Eucalyptus globoidea; Eucalyptus notabilis; Eucalyptus paniculata; Eucalyptus punctata; Glycine clandestina; Goodenia hederacea; Hardenbergia violacea; Lepidosperma laterale; Leucopogon juniperinus; Lomandra longifolia; Lomandra multiflora; Microlaena stipoides; Oplismenus aemulus; Ozothamnus diosmifolius; Panicum simile; Pittosporum undulatum; Pomax umbellata; Poranthera microphylla; Pratia purpurascens; Pultenaea elliptica; Smilax glyciphylla; Stipa pubescens; Syncarpia glomulifera; Themeda australis; Tricoryne simplex; Veronica plebeia; Xanthorrhoea media

(4) Shale Sandstone Transition Forest (Syncarpia glomulifera-Eucalyptus punctata) Shale Sandstone Transition Forest is listed as a Critically Endangered Ecological Community in Part 2 of Schedule 1A to the Threatened Species Conservation Act 1995. Within the City, Shale Sandstone Transition Forest is within the scope of, but not limited by the definition of Shale Sandstone Transition Forest in the Final Determination of the Scientific Committee to list the ecological community in Schedule 1 to the Threatened Species Conservation Act 1995.

This community is present primarily on ridgetops but may occur elsewhere on unmapped remnant shale caps or lenses or immediately downslope of shale caps where the soils have been enriched by colluvium. Within the City, it is restricted to the lower altitudes and transitions between or within the Wianamatta and Hawkesbury Group of sediments.

Because it represents a transition from shale-based vegetation to that associated with sandstone environments, this community is inherently highly variable and difficult to define. Variations occur depending on the relative influence of the different geologies as well as due to differences in shelter and rainfall. Any vegetation that is associated with a transition from shale to sandstone is considered to be within the scope of this community unless it can be shown to be part of another vegetation type described in this Schedule.

The Shale Sandstone Transition Forest can have considerable affinities to Sydney Turpentine-Ironbark Forest but generally has a greater influence from sandstone-oriented species and less influence from those more affiliated with shale soils. Tree species that can occur in this Complex include Syncarpia glomulifera (Turpentine), Eucalyptus punctata (Grey Gum), E. resinifera (Red Mahogany), E. notabilis (Mountain Mahogany), E. crebra (Narrow-leaved Ironbark), E. fibrosa (Broad-leaved Ironbark), E. paniculata (Grey Ironbark), E. beyeriana (Beyer’s Ironbark), E. globoidea (White Stringybark), E. sparsifolia (Narrow-leaved Stringybark), E. eugenioides (Thin-leaved Stringybark) and Angophora costata(Sydney Red Gum). The stringybarks E. eugenioides and E. sparsifolia are generally diagnostic of the more sandstone-influence form of this community.

The understorey can be highly variable depending on the extent of shale influence and proximity to the Cumberland Plain. Fire history and the effects of other forms of disturbance can also significantly affect both the structure and floristics of the understorey. It can range from grassy and herbaceous to densely scrubby. In areas close to the Cumberland Plain, the understorey may include species more typical of that environment such as Melaleuca nodosa, M. erubescens and M. thymifolia, especially in areas with slightly impeded drainage.

Shale Sandstone Transition Forest is characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia brownii; Acacia decurrens; Acacia falcata; Acacia hispidula; Acacia implexa; Acacia linifolia; Acacia myrtifolia; Acacia parramattensis; Acacia parvipinnula; Acacia suaveolens; Acacia terminalis; Acacia trinervata; Acianthus exsertus; Adiantum aethiopicum; Allocasuarina littoralis; Allocasuarina torulosa; Alphitonia excelsa; Angophora bakeri; Angophora costata; Angophora floribunda; Aristida vagans; Arthropodium milleflorum; Arthropodium minus; Astrotricha latifolia; Baeckea ramosissima; Banksia serrata; Banksia spinulosa; Billardiera scandens; Bossiaea obcordata; Bossiaea prostrata; Bracteantha bracteata; Breynia oblongifolia; Bursaria spinosa; Calotis cuneifolia; Carex inversa; Cassytha glabella; Cassytha pubescens; Cheilanthes sieberi; Chenopodium carinatum; Corymbia eximia; Corymbia gummifera; Cryptandra amara; Cyathochaeta diandra; Cymbopogon refractus; Danthonia tenuior; Daviesia mimisoides; Daviesia squarrosa; Daviesia ulicifolia; Desmodium varians; Dianella caerulea; Dianella prunina; Dianella revoluta; Dichondra repens; Dillwynia retorta; Dodonaea triquetra; Doodia aspera; Echinopogon caespitosus; Echinopogon ovatu; Einadia hastata; Entolasia marginata; Entolasia stricta; Eragrostis brownii; Eremophila debilis; Eucalyptus agglomerata; Eucalyptus beyeriana; Eucalyptus crebra; Eucalyptus deanei; Eucalyptus eugenioides; Eucalyptus fibrosa; Eucalyptus globoidea; Eucalyptus notabilis; Eucalyptus oblonga; Eucalyptus paniculata; Eucalyptus punctata; Eucalyptus resinifera; Eucalyptus sclerophylla; Eucalyptus sparsifolia; Eucalyptus squamosa; Euchiton sphaericus; Eustrephus latifolius; Exocarpos cupressiformis; Exocarpos strictus; Gahnia clarkei; Gahnia radula; Gallium binifolium; Gallium propinquum; Gastrodia sesamoides; Geranium homeanum; Glochidion ferdinandi; Glycine clandestina; Glycine tabacina; Gompholobium grandiflorum; Gompholobium huegelii; Gonocarpus humilis; Gonocarpus tetragynus; Gonocarpus teucrioides; Goodenia bellidifolia; Goodenia hederacea; Goodenia heterophylla; Grevillia longifolia; Grevillea mucronulata; Grevillea sericea; Hakea dactyloides; Hakea salicifolia; Hakea sericea; Hardenbergia violacea; Hibbertia aspera; Hibbertia diffusa; Hydrocotyle peduncularis; Hypericum gramineum; Hypolepis muelleri; Imperata cylindrica; Indigofera australis; Kennedia rubicunda; Kunzea ambigua; Lambertia formosa; Lasiopetalum parviflorum; Laxmannia gracilis; Lepidosperma laterale; Leptospermum polygalifolium; Leptospermum trinervium; Leucopogon juniperinus; Leucopogon lanceolatus; Leucopogon microphyllus; Leucopogon muticus; Lindsaea microphylla; Logania pusilla; Lomandra cylindrica; Lomandra filiformis; Lomandra longifolia; Lomandra multiflora; Lomatia ilicifolia; Lomatia silaifolia; Melaleuca thymifolia; Mentha satureioides; Microlaena stipoides; Mirbelia rubiifolia; Mitrasacme polymorpha; Morinda jasminoides; Notelaea longifolia; Olax stricta; Olearia microphylla; Opercularia varia; Oplismenus aemulus; Oplismenus imbecillis; Oxylobium ilicifolium; Oxylobium scandens; Ozothamnus diosmifolius; Pandorea pandorana; Panicum simile; Patersonia fragilis; Patersonia glabrata; Patersonia longifolia; Patersonia sericea; Persoonia lanceolata; Persoonia laurina; Persoonia levis; Persoonia linearis; Persoonia mollis; Persoonia myrtilloides; Persoonia pinifolia; Petrophile pedunculata; Petrophile pulchella; Phyllanthus gasstroemii; Phyllanthus hirtellus; Phylotta phylicoides; Pimelea linifolia; Pittosporum revolutum; Plantago varia; Platylobium formosum; Poa cheelii; Poa labillardieri; Poa sieberiana; Polyscias sambucifolia; Pomaderris ferruginea; Pomaderris intermedia; Pomax umbellata; Poranthera ericifilia; Poranthera microphylla; Pratia purpurascens; Prostanthera linearis; Pseuderanthemum variabile; Pteridium esculentum; Ptilothrix deusta; Pultenaea ferruginea; Pultenaea flexilis; Pultenaea retusa; Pultenaea scabra; Pultenaea villosa; Rubus parvifolius; Sigesbeckia orientalis; Solanum prinophyllum; Sporobolus creber; Stackhousia monogyna; Stackhousia muricata; Stackhousia viminea; Stellaria flaccida; Stipa pubescens; Stipa rudis; Styphelia laeta; Syncarpia glomulifera; Tephrosia brachyodon; Thelymitra pauciflora; Themeda australis; Thysanotus tuberosus; Tylophora barbata; Vernonia cinerea; Veronica plebeia; Wahlenbergia gracilis; Xylomelum pyriforme

(5) Eucalyptus deanei-E. piperita Tall Open-forest Eucalyptus deanei-E. piperita Tall Open-forest refers to a vegetation community of mixed tree species composition, including Eucalyptus piperita (Sydney Peppermint), E. deanei (Mountain Blue Gum), Syncarpia glomulifera (Turpentine), Angophora costata (Sydney Red Gum), A. floribunda (Rough-barked Apple), E. punctata (Grey Gum) and E. crebra (Narrow-leaved Ironbark). Not all of these species occur in every stand, except for E. deanei, whose presence is characteristic of the community.

The community is found in moist, sheltered sites on the talus slopes below the sandstone escarpments of the Jamison, Kedumba and Grose Valleys. It is replaced further west in the Megalong and Kanimbla Valleys by Eucalyptus cypellocarpa-E.piperita Tall Open-forest. The community also occurs in some moist, sheltered sites away from the escarpments. The typical vegetation structure is tall open-forest, although this may vary depending on site conditions and history. It is a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.

Eucalyptus deanei-E. piperita Tall Open-forest differs from E. deanei-E. punctata-Syncarpia glomulifera Tall Open-forest in that it occurs on different geology (Illawarra Coal Measures, Shoalhaven Group and Narrabeen Group) and E. deanei is less prominent.

This community is generally characterised by the occurrence of Eucalyptus piperita and E. deanei along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia elata; Acacia falciform is; Acacia longifolia; Adiantum aethiopicum; Allocasuarina torulosa; Angophora costata; Angophora floribunda; Arthropodium minus; Astrotricha latifolia; Banksia spinulosa; Blechnum cartilagineum; Callicoma serratifolia; Calochlaena dubia; Carex longebrachiata; Cassytha pubescens; Ceratopetalum apetalum; Clematis aristata; Cyathea australis; Desmodium varians; Dianella caerulea; Dichelachne rara; Dichondra repens; Doodia aspera; Elaeocarpus reticulatus; Entolasia stricta; Eucalyptus crebra; Eucalyptus deanei; Eucalyptus piperita; Eucalyptus punctata; Eustrephus latifolius; Exocarpos cupressiformis; Gahnia sieberiana; Galium propinquum; Geitonoplesium cymosum; Gleichenia microphylla; Glycine clandestina; Hakea dactyloides; Hakea salicifolia; Hibbertia scandens; Hydrocotyle peduncularis; Indigofera australis; Leptospermum polygalifolium; Leucopogon lanceolatus; Lomandra longifolia; Lomandra montana; Melaleuca styphelioides; Oplismenus aemulus; Pandorea pandorana; Platylobium formosum; Platysace lanceolata; Plectranthus parviflorus; Pratia purpurascens; Pteridium esculentum; Rubus parvifolius; Smilax australis; Sticherus lobatus; Syncarpia glomulifera; Todea barbara; Tristaniopsis collina; Tylophora barbata

(6) Eucalyptus cypellocarpa-E. piperita Tall Open-forest Eucalyptus cypellocarpa-E. piperita Tall Open-forest is characterised by the presence of E. cypellocarpa (Monkey Gum), occurring in association with one or more of E. piperita (Sydney Peppermint), E. oreades (Blue Mountain Ash) and E. radiata subsp. radiata (Narrow-leaved Peppermint).

The community is found in moist, sheltered sites on the talus slopes below the sandstone escarpments of the western Blue Mountains (Megalong and Kanimbla Valleys). The community also occurs in some moist, sheltered sites away from the escarpments, and may occur as far east as Woodford. The typical vegetation structure is tall open-forest, although this may vary depending on site conditions and history. It is a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.

This community is generally characterised by the occurrence of Eucalyptus cypellocarpa and E. piperita along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia elata; Acacia longifolia; Banksia cunninghamii; Banksia spinulosa; Blechnum cartilagineum; Callicoma serratifolia; Callistemon citrinus; Calochlaena dubia; Cassytha pubescens; Chionochloa pallida; Comesperma ericinum; Cyathea australis; Dianella caerulea; Empodisma minus; Entolasia marginata; Entolasia stricta; Epacris pulchella; Eucalyptus cypellocarpa; Eucalyptus mannifera subsp. gullickii; Eucalyptus oreades; Eucalyptus piperita; Eucalyptus radiata subsp. radiata; Gahnia sieberiana; Gleichenia microphylla; Gonocarpus teucrioides; Hakea dactyloides; Hydrocotyle peduncularis; Leptospermum grandifolium; Leptospermum polygalifolium; Leucopogon lanceolatus; Lomandra longifolia; Lomatia silaifolia; Microlaena stipoides; Monotoca scoparia; Persoonia mollis; Persoonia myrtilloides; Petrophile pulchella; Platysace lanceolata; Polyscias sambucifolia; Pteridium esculentum; Pultenaea flexilis; Pultenaea scabra; Todea barbara; Tristaniopsis collina

(7) Eucalyptus oreades Open-forest/Tall Open-forest Eucalyptus oreades Open-forest/Tall Open-forest refers to those vegetation communities dominated by E. oreades (Blue Mountain Ash). A range of other Eucalypts may also occur, most commonly including, E. piperita (Sydney Peppermint), E. cypellocarpa (Monkey Gum) and E. radiatasubsp.radiata (Narrow-leaved Peppermint).

The characteristic vegetation structure is tall open-forest, however this can vary depending on site conditions and history. In some places the understorey is shrubby, while in moister sites a ferny understorey can be present. Although typically found in gullies or on sheltered slopes in the upper mountains (Bell to Wentworth Falls), this community also occurs in relatively exposed sites eg ridgetops, where suitable depth of shale provides more fertile conditions and better soil moisture.

Eucalyptus oreades is extremely fire-sensitive, with individual trees readily killed in a major bush fire. Although the capacity of E. oreades to regenerate from seed after fire is indicated by even-aged stands of trees often found in this community, the species will be adversely affected or eliminated entirely by an inappropriate fire regime of frequent burning.

This community is relatively rare outside of the National Park estate and has apparently suffered significant loss due to urbanisation and associated infrastructure, as well as being degraded by weed invasion, changed fire regimes, and stormwater runoff.

Eucalyptus oreades open-forest/tall open-forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species composition of the vegetation.

Acacia brownii; Acacia obtusifolia; Acacia terminalis; Amperea xiphoclada; Arrhenechthites mixta; Austrodanthonia longifolia; Banksia spinulosa; Billardiera scandens; Bossiaea heterophylla; Cassytha glabella; Conospermum tenuifolium; Dampiera stricta; Daviesia ulicifolia; Dianella caerulea; Dianella longifolia; Dianella prunina; Eucalyptus oreades; Eucalyptus piperita; Eucalyptus radiata subsp. radiata; Eucalyptus sieberi; Goodenia bellidifolia; Hakea laevipes; Hibbertia aspera; Hibbertia rufa; Hovea linearis; Leptomeria acida; Leptospermum polygalifolium; Lindsaea microphylla; Lomandra gracilis; Lomandra longifolia; Lomandra obliqua; Lomatia silaifolia; Mitrasacme polymorpha; Monotoca scoparia; Olearia erubescens; Patersonia sericea; Persoonia chamaepitys; Persoonia laurina; Persoonia levis; Persoonia myrtilloides; Phyllota squarrosa; Platylobium formosum; Platysace linifolia; Poa sieberiana; Poranthera corymbosa; Pteridium esculentum; Stackhousia viminea; Symphionema montanum; Telopea speciosissima; Xanthorrhoea media

(8) Eucalyptus dalrympleana-E. piperita Tall Open-forest Eucalyptus dalrympleana-E. piperita Tall Open-forest is characterised by the presence of E. dalrympleana (Mountain Gum), occurring in association with E. piperita (Sydney Peppermint) and E. radiatasubsp.radiata (Narrow-leaved Peppermint). In the City, this community appears to be restricted to one small stand at the upper end of Popes Glen Creek, Blackheath, where it occurs on a sheltered, south-facing slope of Narrabeen Group geology. The vegetation structure is variable within this disturbed stand, from tall open-forest to open-forest and woodland. It is a wet sclerophyll forest, with soft-leaved plants prominent in the understorey.

Eucalyptus dalrympleana-E. piperita Tall Open-forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species composition of the community at Blackheath.

Acacia longifolia; Acacia melanoxylon; Arrhenechthites mixta; Baumea rubiginosa; Billardiera scandens; Blechnum nudum; Chionochloa pallida; Cyathea australis; Daviesia ulicifolia; Deyeuxia parviseta; Dianella prunina; Dianella tasmanica; Empodisma minus; Epacris pulchella; Eucalyptus dalrympleana; Eucalyptus piperita; Eucalyptus radiata subsp. radiata; Gahnia sieberiana; Gleichenia dicarpa; Gonocarpus teucrioides; Hakea dactyloides; Helichrysum scorpioides; Leptospermum polygalifolium; Lepyrodia scariosa; Leucopogon lanceolatus; Lomandra longifolia; Lomatia silaifolia; Lycopodium deuterodensum; Microlaena stipoides; Olearia erubescens; Persoonia myrtilloides; Poa sieberiana; Polyscias sambucifolia; Pteridium esculentum; Pultenaea scabra

(9) Sun Valley Cabbage Gum Forest (Eucalyptus amplifolia) The Sun Valley Cabbage Gum Forest is listed as a Critically Endangered Ecological Community in Part 2 of Schedule 1A to the Threatened Species Conservation Act 1995.

This community is dominated by Eucalyptus amplifolia (Cabbage Gum) that occurs on the diatreme at Sun Valley and there is also a small outlying occurrence near Cripple Creek at Warrimoo. An associated tree species is E. eugenioides (Thin-leaved Stringybark). Although there is still good tree cover in the area (remnant trees and regeneration), the understorey of this community has been grossly altered through clearing and grazing. Remaining native understorey species include Acacia parramattensis, Imperata cylindrica, Lomandra longifolia and Pteridium esculentum, but the original composition of the understorey is difficult to assess.

Eucalyptus amplifolia Tall Open-forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the species composition of the community at Sun Valley.

Acacia parramattensis; Adiantum aethiopicum; Agrostis sp.; Aristida sp.; Arthropodium sp.; Blechnum nudum; Bursaria spinosa; Centella asiatica; Cheilanthes sieberi; Daucus glochidiatus; Daviesia ulicifolia; Dianella aff. caerulea; Dianella caerulea; Dichondra repens; Dillwynia sp.; Doodia aspera; Echinopogon caespitosus; Entolasia marginata; Entolasia stricta; Eucalyptus amplifolia; Eucalyptus eugenioides; Gallium gaudichaudi; Geranium homeanum; Geranium solanderi; Glycine tabacina; Hakea salicifolia; Hardenbergia violacea; Hemarthria uncinata; Hibbertia diffusa; Hibbertia fasciculata; Hibbertia linearis; Hypericum gramineum; Indigofera australis; Juncus usitatus; Kunzea ambigua; Lindsaea linearis; Lomandra longifolia; Microlaena stipoides; Persoonia linearis; Persoonia oblongata; Pittosporum undulatum; Poa sp.; Poranthera microphylla; Pratia purpurascens; Pteridium esculentum; Ranunculus lappaceus; Themeda australis; Veronica plebeia

(10) Montane Gully Forest (Eucalyptus fastigata-E. cypellocarpa-E. dalrympleana) This community is associated with moderate to steep slopes and narrow gorges on the Narrabeen Group and Illawarra Coal Measures below the escarpments around Mount York and north to Bell. There is substantial intergradation with vegetation typical of the sandstone plateau close to the escarpments and with the Eucalyptus cypellocarpa and E. piperita communities between Blackheath and Mount Victoria. The boundary of this community approximates the lower distribution of E. fastigata, E. dalrympleana and E. blaxlandii, and the upper distributional limits of Angophora costata and Syncarpia glomulifera.

Tree species include Eucalyptus fastigata (Brown Barrel), E. cypellocarpa (Monkey Gum), E. dalrympleana (Mountain Gum) with E. oreades (Blue Mountain Ash), E. blaxlandii (Blaxland’s Stringybark), E. radiatasubsp.radiata (Narrow-leaved Peppermint) and E. sieberi (Silvertop Ash). The understorey is moderately shrubby with Acacia falciformis, A. terminalis, A. buxifolia, Oxylobium ilicifolium and Leptospermum flavescens occurring, together with ferns such as Culcita dubia. Acacia dealbata was more common here than in any other parts of the study area. It appears that E. fastigata occurs primarily in the more sheltered sites with E. dalrympleana relatively common on the lower slopes where this unit blends into remnants of the vegetation found on the edge of the agricultural land around Little Hartley.

Montane Gully Forest is characterised by the following assemblage of native plant species. Other species also occur, but the list is indicative of the major diagnostic species composition.

Acacia buxifolia; Acacia dealbata; Acacia falciform is; Acacia melanoxylon; Acacia terminalis; Acaena novaezelandiae; Adiantum aethiopicum; Anisopogon avenaceus;Arrhenechthites mixta; Asperula conferta; Blechnum cartilagineum; Centella asiatica; Clematis aristata; Culcita dubia; Cymbonotus lawsonianus; Dianella caerulea; Echinopogon ovatus; Eucalyptus blaxlandii; Eucalyptus cypellocarpa; Eucalyptus dalrympleana; Eucalyptus fastigata; Eucalyptus oreades; Eucalyptus radiata subsp. radiata; Eucalyptus sieberi; Geranium sp.; Glycine clandestina; Gonocarpus tetragynus; Gonocarpus teucrioides; Helichrysum rutidolepsis; Leptospermum flavescens; Leptospermum morrisonii; Leucopogon lanceolatus; Lomandra longifolia; Microlaena stipoides; Oxylobium ilicifolium; Persoonia linearis; Polyscias sambucifolia; Pratia purpurascens; Pteridium esculentum; Pyrrosia repestris; Rubus parvifolius; Syncarpia glomulifera; Veronica calycina; Viola betonicifolia

(11) Blue Gum Riverflat Forest (Eucalyptus deanei) This community is usually restricted to terraces of deep alluvium along larger watercourses of the lower Blue Mountains. Eucalyptus deanei(Mountain Blue Gum) is dominant and may be almost monospecific, with occasional Angophora floribunda (Rough-barked Apple) and a small tree layer which may contain large bipinnate wattles and infrequent Allocasuarina torulosa (She-oak). The understorey is open and often dominated by grasses or ferns (or both) with scattered mesic shrubs becoming denser in the immediate vicinity of the watercourse.

This community superficially resembles the Blue Mountains Shale Cap Forest but the two occur in different positions in the landscape.

This community is generally characterised by the almost monospecific occurrence of Eucalyptus deanei along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia implexa; Acacia parramattensis; Adiantum aethiopicum; Allocasuarina torulosa; Angophora floribunda; Backhousia myrtifolia; Blechnum nudum; Breynia oblongifolia; Callicoma serratifolia; Calochlaena dubia; Centella asiatica; Cynodon dactylon; Dichondra repens; Entolasia stricta; Eucalyptus deanei; Geitonoplesium cymosum; Glycine tabacina; Imperata cylindrica; Kunzea ambigua; Lomandra longifolia; Melaleuca linariifolia; Melia azedarach; Oplismenus sp.; Plectranthus parviflorus; Pratia purpurascens; Pseuderanthemum variabile; Pteridium esculentum; Rubus parvifolius; Sigesbeckia orientalis; Stellaria flaccida; Sticherus flabellatus; Trema aspera; Tylophora barbata; Veronica plebeia

(12) Casuarina cunninghamiana ‘River Oak Forest’ Narrow bands of River Oak Forest occur on the alluvial banks of the Coxs River. This community also occurs in small, unmapped occurrences along the Hawkesbury-Nepean River. The dominant canopy species is Casuarina cunninghamianasubsp.cunninghamiana (River Oak) with occasional subdominants being Angophora floribunda (Rough-barked Apple) Eucalyptus viminalis (Ribbon Gum) and E. tereticornis (Forest Red Gum), and rarely A. subvelutina (Broad-leaved Apple). Backhousia myrtifolia (Myrtle) can also occur on the sheltered fringes of this community. Along the larger tributaries to the east of the Coxs River, the understorey is often dominated by Leptospermum spp. In these situations, Lomandra longifolia and several sedges can dominate the ground layer.

The understorey is generally sparse because of the mobile nature of the substrate (mobile gravels, sands and large areas of bare granite). The surrounding lands have often been cleared for agriculture and these communities are often highly prone to willow and other weed infestation.

Casuarina cunninghamiana River Oak Forest is characterised by the following assemblage of native plant species. Other species may also occur, but the list is indicative of the species most characteristic of this composition.

Acacia floribunda; Acacia parvipinnula; Agrostis avenaceus; Alisma plantagoaquatica; Angophora floribunda; Angophora subvelutina; Backhousia myrtifolia; Blechnum nudum; Breynia oblongifolia; Bursaria spinosa; Callistemon citrinus; Callistemon paludosus; Casuarina cunninghamiana subsp. cunninghamiana; Cheilanthes distans; Clematis aristata; Commelina cyanea; Crassula sieberiana; Cynodon dactylon; Cyperus sphaeroideus; Eleocharis sphacelata; Entolasia stricta; Eucalyptus tereticornis; Eucalyptus viminalis; Geranium homeanum; Gnaphalium involucratum; Hemarthria uncinata; Isolepis inundata; Juncus acuminatus; Juncus caespiticius; Juncus usitatus; Leptospermum juniperinum; Leptospermum polygalifolium; Leptospermum morrisonii; Lomandra longifolia; Microlaena stipoides; Persicaria hydropiper; Persicaria praetermissa; Ranunculus inundatus; Rumex sp.; Tristaniopsis laurina; Wahlenbergia gracilis

(13) Eucalyptus radiata subsp. radiata-E. piperita Open-forest This community is only known from a small number of easterly-facing slopes in Katoomba and Leura but may occur elsewhere in the higher Blue Mountains. The dominant canopy trees are Eucalyptus radiatasubsp.radiata (Narrow-leaved Peppermint) and E. piperita (Sydney Peppermint). E. sieberi is also present, particularly where this community grades into the common E. sieberi/E. piperita community which tends to occur upslope. E. manniferasubsp.gullickii can occur infrequently, particularly downslope towards adjoining swamp or riparian vegetation.

The understorey is a mix of dry and wet sclerophyll species and may contain species associated with Blue Mountains Swamps where these communities adjoin. The following list is indicative of some of the major diagnostic species.

Acacia terminalis; Banksia cunninghamii; Banksia spinulosa; Boronia microphylla; Callicoma serratifolia; Chionochloa pallida; Dianella tasmanica; Entolasia marginata; Eucalyptus mannifera subsp. gullickii; Eucalyptus oblonga; Eucalyptus piperita; Eucalyptus radiata subsp. radiata; Eucalyptus sclerophylla; Eucalyptus sieberi; Eucalyptus sparsifolia; Lepidosperma laterale; Leptospermum trinervium; Persoonia acerosa; Persoonia chamaepitys; Persoonia myrtilloides; Platylobium formosum; Polyscias sambucifolia; Pteridium esculentum; Pultenaea glabra; Stellaria pungens

(14) Melaleuca styphelioides-M. linariifolia Forest This community occurs at the base of the slopes below the escarpments surrounding the Megalong, Kanimbla, Jamison and Kedumba Valleys. It is restricted to small alluvial/colluvial deltas perpendicular to the escarpment or to alluvial deposits along ephemeral watercourses running parallel to the escarpment. It is a generally moist forest in which Melaleuca species are dominant and occur under an open canopy of tall Eucalyptus cypellocarpa (Monkey Gum) or less often, E. viminalis (Ribbon Gum), with E. deanei (Mountain Blue Gum) most common east of Narrow Neck Peninsula. Other emergents can include E. crebra (Narrow-leafed Ironbark) and E. punctata (Grey Gum). The understorey is generally depauperate because of shading from the often-dense strata of Melaleuca. In areas subject to or recovering from grazing, it tends to be dominated by unpalatable graminoids and shrubs including Lomandra longifolia and Bursaria species, while in less modified situations there are numerous small climber/twiners such as Desmodium, Eustrephus and Glycine species along with the woody vines Marsdenia, Cissus and Parsonsia, herbs such as Dichondra, Centella and Viola, and a sparse layer of grasses such as Oplismenus species. Occasionally, in sites with more impeded drainage, small sedgeland communities are present, and in particularly moist or sheltered (or both) locations, there can be some intergradation with rainforest assemblages.

This community is generally characterised by the occurrence of the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the range of species composition within this community type.

Acacia falciform is; Acacia obtusifolia; Acacia parramattensis; Adiantum aethiopicum; Austrostipa pubescens; Banksia spinulosa; Billardiera scandens; Blechnum cartilagineum; Bossiaea neo-anglica; Brachycome angustifolia; Bursaria spinosa; Centella asiatica; Choretrum candollei; Cissus sp.; Clematis aristate; Desmodium varians; Dianella caerulea; Dianella longifolia; Dichondra repens; Entolasia stricta; Eucalyptus blaxlandii; Eucalyptus crebra; Eucalyptus cypellocarpa; Eucalyptus deanei; Eucalyptus piperita; Eucalyptus punctata; Eucalyptus viminalis; Eustrephus latifolius; Gahnia melanocarpa; Galium propinquum; Geitonoplesium cymosum; Geranium homeanum; Glycine tabacina; Gonocarpus tetragynus; Goodenia hederacea; Hardenbergia violacea; Helichrysum scorpioides; Hibbertia aspera; Hibbertia obtusifolia; Hypericum gramineum; Imperata cylindrica; Lagenifera stipitata; Leptospermum polygalifolium; Leucopogon lanceolata; Lomandra glauca; Lomandra longifolia; Lomatia myricoides; Marsdenia flavescens; Melaleuca linariifolia; Melaleuca styphelioides; Microlaena stipoides; Oplismenus spp.; Pandorea pandorana; Parsonsia straminea; Phyllanthus hirtellus; Plantago debilis; Platylobium formosum; Poa labillardieri; Podolobium ilicifolium; Poranthera corymbosa; Poranthera microphylla; Pratia purpurascens; Pteridium esculentum; Rubus parvifolia; Scaevola ramosissima; Schoenus apogon; Stackhousia viminea; Veronica plebeia; Viola hederacea

(15) Riparian Granite Slopes Forest This community is present in the headwaters of ephemeral streams that drain the granite upland of the Megalong Valley down to the Coxs River. The structure is generally an open-forest to woodland with a low, moist and herbaceous understorey in which Stellaria flaccida and S. pungens are prevalent. The small ferns, Asplenium flabellifolium, Cheilanthes sieberi and C. distans may be present with Blechnum nudum scattered along the watercourse. A moist grass layer can dominate the ground stratum and will often contain the herbs, Dichondra repens, Centella asiatica, the twiners Desmodium varians and Glycine species with various Senecio species scattered throughout. The canopy species include Eucalyptus viminalis (Ribbon Gum), E. tereticornis (Forest Red Gum) and Angophora floribunda (Rough-barked Apple) with an occasional subcanopy of Allocasuarina torulosa. A small number of rainforest species may be present, particularly along the watercourse or on the sheltered side of the slope. Examples include Rapanea howittiana, Ficus coronata and Trema aspera. This community can grade into Megalong Granite Dry Rainforest (see community (1C)).

This community is generally characterised by the occurrence of the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the range of species composition within this community type.

Acacia falciformis; Acaena novae-zelandiae; Adiantum aethiopicum; Allocasuarina torulosa; Angophora floribunda; Asplenium flabellifolium; Blechnum nudum; Bulbine bulbosa; Bursaria longisepala; Calochlaena dubia; Carex appressa; Carex longebrachiata; Centella asiatica; Cheilanthes distans; Cheilanthes sieberi; Clematis glycinoides; Desmodium varians; Dichondra repens; Doodia aspera; Echinopogon ovatus; Entolasia marginata; Eucalyptus tereticornis; Eucalyptus viminalis; Eustrephus latifolius; Ficus coronata; Geitonoplesium cymosum; Geranium retrorsum; Glycine tabacina; Hypericum gramineum; Lomandra longifolia; Microlaena stipoides; Oxalis perennans; Pittosporum undulatum; Pratia purpurascens; Rapanea howittiana; Rubus parvifolius; Senecio linearifolius; Senecio minimus; Smilax glyciphylla; Solanum cinereum; Stellaria flaccida; Stellaria pungens; Stypandra glauca; Swainsona galegifolia; Trema aspera; Urtica incisa; Wahlenbergia communis; Wahlenbergia stricta

(16) Megalong Footslopes Forest This community is found on the footslopes below the escarpments, extending towards the centre of the Megalong Valley until displaced by the vegetation on the granite batholith. Some intergradation of these communities occurs and the outer margin of the Shoalhaven Group supports a community often dominated by Eucalyptus sclerophylla (Hard-leafed Scribbly Gum). Several variants of the forest form are recognised, with structure ranging from open-forest/woodland to open-forest and canopy species including E. eugenioides (Thin-leafed Stringybark), E. globoidea (White Stringybark) (and hybrids), E. punctata (Grey Ironbark), E. sclerophylla (Hard-leafed Scribbly Gum) and Angophora costata (Sydney Red Gum). At the interface with the adjoining forests that dominate the slopes below the cliffline, a taller variant occurs in which E. cypellocarpa (Monkey Gum) may be present. Such situations can be associated with the existence of Melaleuca styphelioides-M. linariifolia swamp forest.

This community is generally characterised by the occurrence of the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the range of species composition within this community type.

Acacia floribunda; Acacia terminalis; Angophora costata; Banksia spinulosa; Billardiera scandens; Boronia parvifolia; Bossiaea obcordata; Calytrix tetragona; Cheilanthes distans; Dianella revoluta; Dillwynia retorta; Entolasia stricta; Epacris microphylla; Eucalyptus cypellocarpa; Eucalyptus eugenioides; Eucalyptus globoidea; Eucalyptus punctata; Eucalyptus sclerophylla; Eucalyptus sieberi; Goodenia hederacea; Hakea salicifolia; Hardenbergia violacea; Hibbertia aspera; Hibbertia rufa; Isopogon anemonifolius; Lagenifera stipitata; Lepidosperma viscidum; Leptospermum polygalifolium; Leptospermum trinervium; Leucopogon virgatus; Lissanthe sapida; Lomandra cylindrica; Lomandra longifolia; Lomandra obliqua; Mirbelia rubioides; Monotoca scoparia; Notelaea ovata; Persoonia laurina;Persoonia levis; Persoonia linearis; Phyllanthus hirtellus; Pimelea linifolia; Poa sieberiana; Pomax umbellata; Poranthera microphylla; Schoenus imberbis; Stylidium graminifolium; Viola hederacea

(17) Megalong Granite Forest/Woodland (Eucalyptus tereticornis-E. eugenioides) Much of the undulating granite country supporting this community was cleared for agriculture in the 19th century. Fragmented remnants are found in the Coxs River valley at elevations between 250 metres and 850 metres on deep, well-drained sandy soils derived from carboniferous adamellite, granite and grandiorote. Much of the vegetation is now a “derived” woodland (sensu Keith and Benson, 1988) but was probably forest prior to modification by clearing, grazing, rabbits and an altered fire regime.

The most characteristic tree species are Eucalyptus tereticornis (Forest Red Gum) and E. eugenioides (Thin-leaved stringybark) together with E. viminalis (Ribbon Gum). E. dalrympleanasubsp.dalrympleana (Mountain Gum) can be locally dominant, particularly on the higher elevations (which are often quite exposed). E. bridgesiana, E. dives, E. rubida and E. camphora are generally rare within this community and are not considered characteristic of it, however Angophora floribunda (Rough-barked Apple) is quite common and extends well beyond the lower slopes and watercourses. E. macrorhynchasubsp.macrorhyncha occurs mainly in the western areas of the granite vegetation but is occasionally a significant canopy component. Acacia falciformis can also be a locally significant canopy species and can be present in most variants of the granite communities. The less common eucalypts are generally associated with the complex ecotones on the eastern edges of the granite vegetation or with other very localised conditions.

The understorey of the Megalong Granite Forest/Woodland tends to be low and dominated by grasses, graminoids (particularly Lomandraceae) and herbs, in particular, Astraceae. Climbers such as Desmodium, Glycine and Clematis are often present. Shrubs are either relatively rare or else the shrub layer consists of a small number of common unpalatable species such as Bursaria species and Lissanthe strigosa. The understorey composition can vary greatly depending on the amount of exposure.

This community is generally characterised by the occurrence of the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the major diagnostic species.

Acacia falciform is; Acacia implexa; Acacia obtusifolia; Acacia parramattensis; Acaena novaezelandiae; Adiantum aethiopicum; Ajuga australia; Angophora floribunda; Asplenium flebellifolium; Austrostipa pubescens; Blechnum cartilagineum; Brachycome angustifolia var. angustifolia; Bursaria spinosa; Carex appressa; Cassinia arcuata; Centella asiatica; Cheilanthes distans; Clematis aristata; Cymbopogon refractus; Desmodium varians; Dianella longifolia; Dianella revoluta; Dichelachne rara; Dichondra repens; Doodia aspera; Echinopogon caespitosus; Echinopogon ovatus; Entolasia stricta; Epilobium hirtigerum; Eucalyptus bridgesiana; Eucalyptus camphora; Eucalyptus dalrympleana; Eucalyptus dives; Eucalyptus eugenioides; Eucalyptus macrorhyncha; Eucalyptus punctata; Eucalyptus rubida; Eucalyptus tereticornis; Eucalyptus viminalis; Exocarpos cupressiformis; Exocarpus strictus; Galium propinquum; Geitonoplesium cymosum; Geranium homeanum; Geranium retrorsum; Geranium solanderi; Glycine microphylla; Glycine tabacina; Gnaphalium sp.; Gonocarpus tetragynus; Helichrysum scorpioides; Hydrocotyle geraniifolia; Hypericum gramineum; Imperata cylindrica; Indigofera australis; Lepidosperma gunnii; Lepidosperma viscidum; Leucopogon lanceolata; Leucopogon virgatus; Libertia paniculata; Lissanthe strigose; Lomandra glauca; Lomandra gracilis; Lomandra longifolia; Lomandra multiflora; Lomatia myricoides; Lomatia silaifolia; Luzula flaccida;Marsdenia rostrata; Microlaena stipoides; Oplismenus imbecillis; Pandorea pandorana; Pellaea falcata; Persoonia linearis; Plantago debilis; Plantago gaudichaudii; Plectranthus parviflorus; Poa labillardieri; Poa sieberiana; Polystichum proliferum; Poranthera microphylla; Pratia purpurascens; Pteridium esculentum; Ranunculus lappaceus; Rapanea howittiana; Rubus parvifolius; Rumex brownii; Schoenus apogon; Senecio lautus ssp. dissectifolius; Senecio minimus; Sigesbeckia orientalis; Solanum cinereum; Stackhousia viminea; Stellaria flaccida; Stypandra glauca; Themeda australis; Urtica incisa; Veronica plebeia; Viola betonicifolia; Wahlenbergia stricta

3 Low Open-forest

Melaleuca linariifolia Low Open-forest Melaleuca linariifolia Low Open-forest is found on sandy alluvial soils along certain creeks in the lower Blue Mountains, in which the low paperbark tree, M. linariifolia (Snow-in-summer), dominates the vegetation. This creekline vegetation is associated with creeks on deep alluvial sand deposits, rather than the sandstone substrates more typical of Blue Mountains creeks. The typical vegetation structure is a narrow band of low open-forest or low closed-forest along the creek. Occasional emergent Eucalyptus or Angophora trees may be present above the Melaleuca canopy.

This community is generally characterised by the occurrence of Melaleuca linariifolia along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia longifolia; Acacia rubida; Adiantum aethiopicum; Blechnum nudum; Blechnum wattsii; Callicoma serratifolia; Callistemon citrinus; Calochlaena dubia; Cyathea australis; Cyperus polystachyos; Eleocharis sphacelata; Entolasia marginata; Entolasia stricta; Gahnia clarkei; Gleichenia dicarpa; Hydrocotyle peduncularis; Hypolepis muelleri; Imperata cylindrica; Isolepis inundata; Juncus continuus; Juncus planifolius; Juncus usitatus; Kennedia rubicunda; Leptospermum polygalifolium; Melaleuca linariifolia; Microlaena stipoides; Pittosporum undulatum; Pteridium esculentum; Schoenus melanostachys; Typha orientalis

4 Woodlands

(1) Eucalyptus mannifera subsp. gullickii Alluvial Woodlands These woodlands are found on alluvial soils along certain creeks in the upper Blue Mountains, in which Eucalyptus manniferasubsp.gullickii (Brittle Gum) is the dominant tree species or co-dominant with E. radiatasubsp.radiata (Narrow-leaved Peppermint).The association of the community with creekside alluvium is a critical feature in its definition, since E. mannifera subsp. gullickii and E. radiata subsp. radiata may also be common species in other communities in the upper Blue Mountains. The vegetation structure is woodland or open-forest. E. mannifera subsp. gullickii occurs in some sites as a sparse tree layer (an open-woodland) over swamp vegetation, but such stands are better classified within the Blue Mountains swamp communities rather than as E. mannifera subsp. gullickii Alluvial Woodland.

Two forms of Eucalyptus mannifera subsp. gullickii Alluvial Woodland may be distinguished. At higher altitudes (Mount Victoria-Blackheath), E. mannifera subsp. gullickii is the main tree species and the community is termed E. mannifera subsp. gullickii woodland. At slightly lower altitudes (Katoomba-Leura), E. mannifera subsp. gullickii and E. radiata subsp. radiata are co-dominant and the community is termed E. mannifera subsp. gullickii-E. radiata subsp. radiata Woodland.

This community is generally characterised by the occurrence of Eucalyptus mannifera subsp. gullickii along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia dealbata; Acacia melanoxylon; Acacia terminalis; Baeckea linifolia; Banksia cunninghamii; Banksia spinulosa; Blechnum nudum; Boronia microphyll; Caustis flexuosa; Chionochloa pallida; Dampiera stricta; Deyeuxia parviseta; Dillwynia retorta; Empodisma minus; Entolasia stricta; Epacris spp.; Eucalyptus blaxlandii; Eucalyptus mannifera subsp. gullickii; Eucalyptus radiata subsp. radiata; Gahnia sieberiana; Gleichenia dicarpa; Gonocarpus teucrioides; Grevillea acanthifolia; Hakea dactyloides; Helichrysum scorpioides; Hibbertia serpyllifolia; Lepidosperma laterale; Leptospermum continentale; Leptospermum grandifolium; Leptospermum juniperinum; Leptospermum polygalifolium; Leptospermum trinervium; Lepyrodia scariosa; Leucopogon lanceolatus; Lomandra filiformis; Lomandra longifolia; Microlaena stipoides; Mirbelia platylobioides; Olearia erubescens; Persoonia myrtilloides; Pimelea linifolia; Poa sieberiana; Polyscias sambucifolia; Pteridium esculentum; Stipa pubescens; Stipa rudis; Styphelia tubiflora; Tetrarrhena turfosa

(2) Eucalyptus sclerophylla Bench Woodland Eucalyptus sclerophylla Bench Woodlands occur on dry sandy alluvial benches along certain creek systems in the lower Blue Mountains. This community may also occur on higher benches on a mix of alluvial and colluvial soils. E. sclerophylla (Hard-leaved Scribbly Gum) is the dominant tree species sometimes co-dominant with Angophora bakeri (Narrow-leaved Apple). The typical vegetation structure is woodland, although this may vary depending on site conditions and history. The association between this community and alluvial or colluvial soils is a critical feature in its definition, since E. sclerophylla is also the dominant tree species in another, more common vegetation community, with a different understorey, that occurs on northern and western aspects on sandstone geology in the middle and upper Blue Mountains. The E. sclerophylla trees in the latter community tend to be smaller than those in the E. sclerophylla Bench Woodland.

This community is generally characterised by the occurrence of Eucalyptus sclerophylla along with the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acacia brownii; Acacia rubida; Acacia ulicifolia; Angophora bakeri; Aristida benthami; Aristida vagans; Baeckea virgata; Banksia oblongifolia; Banksia serrata; Banksia spinulosa; Bossiaea heterophylla; Bossiaea obcordata; Bossiaea rhombifolia; Cassytha glabella; Cassytha pubescens; Caustis flexuosa; Conospermum longifolium; Corymbia eximia; Corymbia gummifera; Cyathochaeta diandra; Dampiera stricta; Daviesia corymbose; Dillwynia floribunda; Entolasia stricta; Epacris pulchella; Eriostemon hispidulus; Eucalyptus notabilis; Eucalyptus piperita; Eucalyptus sclerophylla; Eucalyptus sparsifolia; Grevillea buxifolia; Grevillea mucronulata; Hakea dactyloides; Hakea sericea; Hovea linearis; Imperata cylindrica; Isopogon anemonifolius; Lambertia formosa; Lepidosperma laterale; Leptospermum arachnoides; Leptospermum parvifolium; Leptospermum polygalifolium; Leptospermum trinervium; Lepyrodia scariosa; Lomandra brevis; Lomandra filiformis; Lomandra glauca; Lomandra longifolia; Lomandra obliqua; Melaleuca linariifolia; Melaleuca thymifolia; Mirbelia rubiifolia; Monotoca scoparia; Panicum simile; Persoonia hirsuta; Persoonia laurina; Persoonia oblongata; Petrophile pulchella; Phyllota phylicoides; Pimelea linifolia; Platysace linearifolia; Pteridium esculentum; Ptilothrix deusta; Schoenus villosus; Stipa pubescens; Stylidium graminifolium; Themeda australis; Xanthorrhoea media

(3) Kowmung Wilderness Complex This Complex includes open-forest, open-forest/woodland and woodland communities. It has been included in the Woodland section because most of the vegetation is of a woodland structure.

Most of this Complex occurs in Kanangra-Boyd National Park with some areas in Blue Mountains National Park. A relatively small area occurs outside these reserves in the far south of the Megalong Valley. Small areas of dry rainforest and riparian complex are present within the Kowmung Wilderness Complex.

Indicative canopy species include Eucalyptus crebra (Narrow-leafed Ironbark), E. tereticornis (Forest Red Gum), E. punctata (Grey Gum), E. viminalis (Ribbon Gum), E. melliodora (Yellow Box), E. eugenioides (Thin-leafed Stringybark) and Angophora floribunda (Sydney Red Gum). The understorey can be very open and grassy/herbaceous or can sometimes have a relatively well developed shrub layer in which Bursaria species can be prevalent. Small twiners and Cheilanthes species (Poison Rock Ferns) can be characteristic of the ground stratum as can numerous Senecio species and other daisies.

This community is generally characterised by the occurrence of the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition.

Acacia clunies-rossiae; Acacia falciform is; Acacia implexa; Acacia parramattensis; Adiantum aethiopicum; Agrostis avenaceus; Angophora floribunda; Brachychiton populneus; Brachycome multifida; Breynia oblongifolia; Bursaria spinosa; Calotis hispidula; Carex appressa; Carex gaudichaudiana; Cayratia clematidea; Cheilanthes distans; Cheilanthes sieberi; Choretrum candollei; Clematis aristata; Clerodendrum tomentosum; Commelina cyanea; Crassula sieberiana; Desmodium brachypodum; Desmodium varians; Dianella laevis; Dianella revoluta; Dichelachne sp.; Dichondra repens; Echinopogon ovatus; Einadia sp.; Entolasia stricta; Eucalyptus crebra; Eucalyptus eugenioides; Eucalyptus fibrosa; Eucalyptus punctata; Eucalyptus tereticornis; Gahnia aspera; Gastrodia sesamoides; Geitonoplesium cymosum; Geranium homeanum; Glycine clandestina; Glycine tabacina; Gnaphalium involucratum; Gonocarpus teucrioides; Goodenia hederacea; Hardenbergia violacea; Helichrysum adnatum; Hypericum gramineum; Leucopogon lanceolata; Lissanthe sapida; Lissanthe strigosa; Lomandra glauca; Lomandra longifolia; Lomandra multiflora; Luzula flaccida; Microlaena stipoides; Notelaea longifolia; Notodanthonia sp.; Olearia viscidula; Opercularia hispida; Oplismenus imbecillis; Oxalis perennans; Pellaea falcata; Persoonia linearis; Plantago debilis; Plectranthus parvifolius; Poa sieberiana; Podolobium ilicifolium; Pomax umbellata; Pratia purpurascens; Pteridium esculentum; Rubus parvifolius; Schoenus apogon; Senecio diaschides; Senecio lautus; Senecio quadridentatus; Sigesbeckia orientalis; Solanum cinereum; Stackhousia viminea; Stellaria flaccida; Stephania japonica; Stypandra glauca; Themeda australis; Trema aspera; Urtica incisa; Veronica plebeia; Viola betonicifolia; Wahlenbergia gracilis; Wahlenbergia stricta

(4) Redgum Swamp Woodland (Eucalyptus tereticornis) This community is dominated by Eucalyptus tereticornis (Forest Redgum) and is known only from a small example between Megalong Creek and Nellies Glen Road in the central eastern Megalong Valley. This site is associated with a swamp ephemeral drainage line that generally defines the ecotone between the vegetation on the lower Shoalhaven Group of sediments and that on the Carboniferous Granite, which dominates the Megalong Valley. Adjoining communities include an example of Coxs River Swamp, the so-called Megalong Forest of Keith and Benson (1988) and the Megalong Granite Forest and woodland. The understorey has been modified by grazing and was probably cleared in the past to facilitate this use.

Leptospermum species are dominant along the drainage line and in the more swampy sections which lack open water. Drier areas are dominated by grasses with little or no shrub layer and a relatively sparse tree canopy. This community is threatened by small size, grazing, weed invasion, rabbits and recreational vehicle use.

Redgum swamp woodland is broadly characterised by the following assemblage of diagnostic plant species. Other species may also occur, and not all of the following species are present in every stand of the community.

Acacia floribunda; Agrostis avenaceus; Callistemon sp. nov. Megalong Valley; Carex inversa; Centella asiatica; Dichelachne sp.; Dichondra repens; Eucalyptus tereticornis; Grevillea acanthifolia; Hydrocotyle laxiflora; Hypericum gramineum; Juncus sp.; Juncus usitatus; Leptospermum juniperinum; Leptospermum obovatum; Leptospermum polygalifolium; Lomandra longifolia; Melaleuca linariifolia; Microlaena stipoides; Notodanthonia sp.; Pratia purpurascens; Schoenus apogon; Stackhousia viminea

5 Heath/scrub/sedgeland/fernland

(1) Blue Mountains Heath and Scrub Blue Mountains Heath and Scrub consists of a well-developed shrub layer, with no tree layer or only a sparse layer of scattered low trees, sometimes with a mallee habit (low, multi-stemmed shrub eucalypts). It occurs primarily in exposed sites with very shallow soils on Narrabeen Group and Hawkesbury Sandstone geology. Typical situations are cliff tops and high, rocky ridges, especially on the westerly aspect and with skeletal soils. The vegetation structure is typically an open-heath, less often a closed-heath, and may be interspersed with patches of open-scrub or closed-scrub formed by stands of mallees or Leptospermum species. It is also typically interspersed with areas of bare rock. It can occur on the fringes of or within so-called hanging swamps and in such situations it can also intergrade with vegetation of the Riparian Complex. There is also considerable intergradation between forms of woodland to open-woodland with a Eucalyptus sclerophylla canopy with Blue Mountains Heath and Scrub forming the understorey in such communities.

Blue Mountains Heath and Scrub has a mixed and variable species composition. Common shrub species include Allocasuarina distyla, A. nana, Banksia ericifolia, Epacris microphylla, Eucalyptus stricta, Hakea laevipes, H. teretifolia, Kunzea capitata, Leptospermum trinervium and Petrophile pulchella. Common herb and sedge species include Actinotus minor, Platysace linifolia, Lepidosperma filiforme, L. viscidum, Lepyrodia scariosa, Ptilothrix deusta and Schoenus villosus.

Two forms of Blue Mountains heath have been distinguished (Keith and Benson 1988, Smith and Smith 1995 a–e): montane heath above about 850–900 metres elevation and lower Blue Mountains heath below this level. The two forms intergrade between Wentworth Falls and Katoomba. Montane heath is characterised by the presence of high altitude species such as Allocasuarina nana, Darwinia taxifolia and Phyllota squarrosa, while lower Blue Mountains heath is characterised by the presence of low altitude species such as Allocasuarina distyla, Darwinia fascicularis and Phyllota phylicoides. However, most of the more common heath plants occur across the full altitudinal range.

It is also possible to distinguish two forms of lower Blue Mountains heath: a Hawkesbury Sandstone form at lower altitudes (chiefly in the Faulconbridge to Woodford area), and a Narrabeen Sandstone form at intermediate altitudes (Hazelbrook to Wentworth Falls). The Hawkesbury Sandstone form is characterised by species such as Acacia oxycedrus, Baeckea brevifolia and Eucalyptus burgessiana that are absent from heath on Narrabeen Sandstone.

In the prolonged absence of fires, the heath shrubs grow taller and thicker, transforming the vegetation from an open-heath to a closed-scrub, especially in relatively moist and sheltered sites. These communities may be floristically similar to the closed heaths described above but are structurally unique. Shrubs including Banksia ericifolia, B. serrata, B. spinulosa, Hakea laevipes, H. teretifolia and a range of Leptospermum species may all attain heights of up to 8 metres over a generally grassy, herbaceous understorey. In locally moist areas, the fern Gleichenia dicarpa may become common in the ground stratum.

In the Megalong Valley, forms of heath occur which are floristically and geologically distinct from those others within the scope of the Blue Mountains Heath description. The majority of Megalong Valley Heath is associated with the Shoalhaven Group of sediments with a rare exception associated with the Carboniferous Granite. Dominant species of the heath include Leptospermum trinervium, L. polygalifolium, L. juniperinum, Isopogon anemonifolius, Hakea salicifolia, H. sericea and Banksia spinulosa while the locally uncommon shrub Mirbelia pungens may also be present.

Only one example is known of heath occurring on granite within the Megalong Valley, however other examples are likely to occur outside the City, west of the Coxs River. This example is dominated by a relatively low-growing shrubby Acacia which has not been able to be identified but is apparently related to Acacia floribunda.

Considered as a whole, Blue Mountains Heath and Scrub is characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of heath, but the list is indicative of the species composition of the vegetation.

Acacia baueri; Acacia floribunda; Acacia oxycedrus; Acacia suaveolens; Actinotus helianthi; Actinotus minor; Allocasuarina distyla; Allocasuarina nana; Angophora floribunda; Anisopogon avenaceus; Austrostipa pubescens; Baeckea brevifolia; Baeckea densifolia; Baeckea ramosissima; Banksia ericifolia; Banksia serrata; Banksia spinulosa; Bossiaea heterophylla; Bulbine semibarbata; Bursaria spinosa; Callistemon citrinus; Calytrix tetragona; Cassytha glabella; Caustis flexuosa; Cheilanthes sieberi; Chionochloa pallida; Correa reflexa; Corymbia gummifera; Cyathochaeta diandra; Dampiera purpurea; Dampiera stricta; Danthonia tenuior; Darwinia fascicularis; Daviesia corymbosa; Dianella caerulea; Dichelachne rara; Dillwynia floribunda; Dillwynia retorta; Diuris sulphurea; Dodonaea boroniifolia; Entolasia stricta; Epacris microphylla; Epacris obtusifolia; Epacris pulchella; Eriostemon obovalis; Eucalyptus apiculata; Eucalyptus burgessiana; Eucalyptus dalrympleana; Eucalyptus gregsoniana; Eucalyptus ligustrina; Eucalyptus mannifera subsp. gullickii; Eucalyptus moorei; Eucalyptus multicaulis; Eucalyptus rubida; Eucalyptus sparsifolia; Eucalyptus stricta; Gahnia aspera; Galium propinquum; Gleichenia dicarpa; Gonocarpus teucrioides; Goodenia bellidifolia; Goodenia hederacea; Grevillea arenaria; Hakea dactyloides; Hakea laevipes; Hakea propinqua; Hakea salicifolia; Hakea sericea; Hakea teretifolia; Helichrysum scorpioides; Hemigenia purpurea; Hypericum gramineum; Isopogon anemonifolius; Kunzea capitata; Lambertia formosa; Leionema lachnaeoides; Lepidosperma filiforme; Lepidosperma urophorum; Lepidosperma viscidum; Leptocarpus tenax; Leptospermum arachnoids; Leptospermum continentale; Leptospermum juniperinum; Leptospermum parvifolium; Leptospermum petraeum; Leptospermum polygalifolium; Leptospermum trinervium; Lepyrodia scariosa; Leucopogon esquamatus; Leucopogon microphyllus; Lindsaea linearis; Lomandra glauca; Lomandra longifolia; Lomandra multiflora; Micromyrtus ciliata; Mirbelia baueri; Mirbelia pungens; Mirbelia rubiifolia; Mitrasacme polymorpha; Monotoca ledifolia; Monotoca scoparia; Patersonia sericea; Petrophile pulchella; Phyllota phylicoides; Phyllota squarrosa; Platysace lanceolata; Platysace linearifolia; Pseudanthus divaricatissimus; Ptilothrix deusta; Pultenaea elliptica; Restio fastigiatus; Schoenus apogon; Schoenus ericetorum; Schoenus imberbis; Schoenus villosus; Stipa pubescens; Stylidium lineare; Thelionema caespitosum; Themeda australis; Tricoryne elatior; Velleia perfoliata; Woollsia pungens

(2) Blue Mountains Swamps Blue Mountains Swamps are listed as a Vulnerable Ecological Community in Part 2 of Schedule 2 to the Threatened Species Conservation Act 1995.

Blue Mountains Swamps are included within “Montane Peatlands and Swamps of the New England Tableland, NSW North Coast, Sydney Basin, South East Corner, South Eastern Highlands and Australian Alps Bioregion” listed as an Endangered Ecological Community in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995.

Blue Mountains Swamps are included within “Newnes Plateau Shrub Swamp in the Sydney Basin Bioregion” listed as an Endangered Ecological Community in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995.

A range of swamps occurs within the City. Swamp vegetation develops on poorly drained sites where the soil is waterlogged for prolonged periods. Several variants are recognised and are described below.

In the City, swamps occur, not only in low-lying sites on valley floors (‘valley swamps’), but also in the headwaters of creeks and on steep hillsides (‘hanging swamps’). Some swamps represent a combination of valley swamp and hanging swamp. The upper boundary of the swamp is often clearly defined by the outcropping of a layer of claystone. Groundwater seeps along the top of the impermeable claystone layer, reaching the surface where the claystone protrudes, thus forming a swamp on the hillside below. Other swamps receive their water supply from feeder streams rather than groundwater, or from a combination of the two.

Blue Mountains Swamps vary greatly in their structure and plant species composition, ranging from closed-sedgeland or closed-fernland to open-heath or closed-heath, sometimes open-scrub or closed-scrub. The shrub-dominated swamps are similar in vegetation structure to some of the forms of Blue Mountains Heath and Scrub, but they differ in species composition and ecological function, and are more appropriately classified with the sedge and fern-dominated swamps. However, in many instances the botanical boundary between Blue Mountains Swamp and Blue Mountains Heath and Scrub communities is unclear or can only be defined at a small scale as the two vegetation types can intergrade extensively.

Common shrubs in the Blue Mountains Swamps that occur on the sandstone plateaux include Acacia ptychoclada, Baeckea linifolia, Banksia ericifolia, Callistemon citrinus, Epacris obtusifolia, Grevillea acanthifolia, Hakea teretifolia, Leptospermum grandifolium, L. juniperinum and L. polygalifolium. Common sedges include Empodisma minus, Gymnoschoenus sphaerocephalus, Lepidosperma limicola and Xyris ustulata. The main fern species is Gleichenia dicarpa. The swamps of the plateaux include communities described by Keith and Benson (1988) and Benson and Keith (1990) as Blue Mountains Sedge Swamps and Newnes Plateau Shrub Swamps.

The Kurrajong Fault Swamps are valley swamps that occur in the lower Blue Mountains on sandy alluvial deposits associated with the Kurrajong Fault. Common shrubs are Acacia rubida, Callicoma serratifolia, Callistemon citrinus, Leptospermum juniperinum and Melaleuca linariifolia. Common species in the understorey are Baumea rubiginosa, Gahnia clarkei, Gleichenia dicarpa and Schoenus melanostachys.

The Coxs River Swamps are another variant encompassed by this community. These swamps occur on the clayey organic sediments derived from the Illawarra Coal Measures where creeks drain at the base of the escarpment. They support a simple flora dominated by Leptospermum obovatum, L. juniperinum and Grevillea acanthifolia with a dense ground cover of Carex and Juncus species.

The Megalong Swamps occur under much the same circumstances as the Coxs River Swamps but differ considerably in both structure and floristics. The Coxs River Swamps tend to occur as scrub, open-scrub and low open-scrub to wet heath with a prominent sedge layer, while the Megalong Swamps are closed to tall closed-scrub dominated by Leptospermum juniperinum and L. polygalifolium with Callestemon megalongenis. Megalong Valley, C. citrinus and infrequent emergents of Eucalyptus camphora and Melaleuca linariifolia.

Blue Mountains Swamps are characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every swamp, but the list is indicative of the species composition of the vegetation.

Acacia ptychoclada; Acacia rubida; Actinotus minor; Almaleea incurvata; Baeckea linifolia; Banksia ericifolia; Banksia oblongifolia; Bauera rubioides; Baumea rubiginosa; Blandfordia cunninghamii; Blechnum cartilagineum; Blechnum nudum; Burnettia cuneata; Callicoma serratifolia; Callistemon citrinus; Carex spp.; Celmisia longifolia; Dampiera stricta; Dillwynia floribunda; Drosera binata; Drosera spatulata; Empodisma minus; Epacris microphylla; Epacris obtusifolia; Epacris paludosa; Eucalyptus camphora; Eucalyptus copulans; Eucalyptus mannifera subsp. gullickii; Eucalyptus moorei; Gahnia clarkei; Gahnia sieberiana; Gleichenia dicarpa; Gleichenia microphylla; Gonocarpus micranthus; Goodenia bellidifolia; Grevillea acanthifolia; Gymnoschoenus sphaerocephalus; Hakea dactyloides; Hakea teretifolia; Hibbertia cistiflora; Isopogon anemonifolius; Juncus spp.; Kunzea capitata; Lepidosperma filiforme; Lepidosperma forsythii; Lepidosperma limicola; Leptocarpus tenax; Leptospermum continentale; Leptospermum grandifolium; Leptospermum juniperinum; Leptospermum obovatum; Leptospermum polygalifolium; Leptospermum squarrosum; Lepyrodia scariosa; Leucopogon esquamatus; Lindsaea linearis; Melaleuca linariifolia; Melaleuca sp. Megalong Valley; Mirbelia rubiifolia; Notochloe microdon; Olearia quercifolia; Patersonia sericea; Petrophile pulchella; Pimelea linifolia; Ptilothrix deusta; Pultenaea divaricata; Schoenus brevifolius; Schoenus melanostachys; Schoenus villosus; Selaginella uliginosa; Sprengelia incarnata; Symphionema montanum; Tetrarrhena juncea; Tetrarrhena turfosa; Xanthosia dissecta; Xyris juncea; Xyris ustulata

(3) Pagoda Rock Complex Within the City, this community occurs only in the far northwest near Bell. It occurs primarily outside the City on the Newnes Plateau where it is exemplified in Gardens of Stone National Park.

Benson and Keith (1990) list three structural divisions within this Complex: open-heath of Allocasuarina nana, Leptospermum arachnoides, Lepidosperma viscidum, Platysace lanceolata and Banksia ericifolia; open-mallee scrub of Eucalyptus laophila which is not known from the City of Blue Mountains; and woodland of E. sieberi (Silvertop Ash), E. piperita (Sydney Peppermint) and E. oblonga (Sandstone Stringybark). This mosaic of communities intergrades with the higher altitude variant of Blue Mountains Heath.

The following species typically occur within this complex. Other species may also occur, and not all of the following species are present in every stand of the community.

Acacia dorothea; Acacia terminalis; Allocasuarina distyla; Allocasuarina nana; Banksia ericifolia; Boronia microphylla; Daviesia latifolia; Dillwynia retorta; Eucalyptus piperita; Eucalyptus sclerophylla; Eucalyptus sieberi; Eucalyptus sparsifolia; Hakea dactyloides; Lepidosperma viscidum; Leptospermum arachnoides; Platysace lanceolata

(4) Lagoon Vegetation (Glenbrook Lagoon) Lagoon Vegetation (Glenbrook Lagoon) is the wetland vegetation associated with Glenbrook Lagoon. This waterbody is the only naturally occurring upland lagoon in the City, although wetland vegetation has also developed around artificially created water bodies such as Wentworth Falls Lake and Woodford Lake. Glenbrook Lagoon consists of an area of open water with submerged aquatic vegetation, surrounded by extensive reedbeds dominated by the large sedges Lepironia articulata and Eleocharis sphacelata. Fringing the reedbeds is a narrow band of low paperbark trees Melaleuca linariifolia.

Native wetland plants recorded at Glenbrook Lagoon include the following species. Other species are also likely to be present.

Acacia rubida; Agrostis avenacea; Baumea articulata; Callistemon citrinus; Callistemon linearis; Centella asiatica; Cynodon dactylon; Eleocharis sphacelata; Epilobium billardierianum; Gratiola pedunculata; Gratiola peruviana; Hydrocotyle peduncularis; Isachne globosa; Juncus holoschoenus; Juncus usitatus; Lepidosperma longitudinale; Lepironia articulata; Leptospermum polygalifolium; Ludwigia peploides; Melaleuca linariifolia; Melaleuca thymifolia; Myriophyllum variifolium; Nymphoides geminata; Paspalum distichum; Persicaria decipiens; Persicaria strigosa; Philydrum lanuginosum; Phragmites australis; Rumex brownii; Schoenoplectus validus; Typha domingensis; Typha orientalis; Vallisneria gigantea;Viminaria juncea

6 Blue Mountains Riparian complex

Blue Mountains Riparian Complex refers to the narrow bands of vegetation found along perennial and non-perennial watercourses in the Blue Mountains. It applies to those sections of the creek where there are distinct differences between the creekside vegetation and the adjacent vegetation further from the creek. Riparian (creekline) vegetation can be diverse and variable in structure and composition. It typically consists of species that are restricted to the immediate creekside environment plus other species from the adjacent vegetation communities. Common shrubs and low trees characteristic of riparian vegetation in the Blue Mountains include Acacia rubida, Baeckea linifolia, Bauera rubioides, Callicoma serratifolia, Callistemon citrinus, Leptospermum polygalifolium, Lomatia myricoides, Tristania neriifolia and Tristaniopsis laurina. Ferns tend to be a major component of the riparian vegetation, and include Blechnum nudum, Calochlaena dubia, Gleichenia microphylla, Sticherus flabellatus and Todea barbara. Common sedges and rushes include Gahnia sieberiana, Juncus planifolius and Schoenus melanostachys. Pockets of rainforest, swamp and moist cliffline (waterfall) vegetation are often present along the creeks and add to the floristic diversity of the riparian vegetation.

Blue Mountains Riparian Complex is characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present along every creek, but the list is indicative of the species composition of the vegetation. The list does not include Eucalyptus species. Although a variety of eucalypts may occur along the creeks, they generally reflect the composition of the adjacent vegetation community rather than the riparian vegetation itself.

Acacia elata; Acacia linifolia; Acacia longifolia; Acacia obtusifolia; Adiantum aethiopicum; Austromyrtus tenuifolia; Backhousia myrtifolia; Baeckea linifolia; Bauera rubioides; Blechnum ambiguum; Blechnum cartilagineum; Blechnum nudum; Blechnum patersonii; Blechnum wattsii; Boronia fraseri; Bossiaea lenticularis; Callicoma serratifolia; Callistemon citrinus; Calochlaena dubia; Centella asiatica; Ceratopetalum apetalum; Cissus hypoglauca; Dodonaea multijuga; Drosera spathulata; Entolasia marginata; Entolasia stricta; Eriostemon myoporoides; Gahnia clarkei; Gahnia sieberiana; Gleichenia dicarpa; Gleichenia microphylla; Gonocarpus teucrioides; Grevillea longifolia; Grevillea sericea; Hibbertia saligna; Imperata cylindrica; Juncus planifolius; Leptospermum marginatum; Leptospermum polygalifolium; Lepyrodia scariosa; Lomandra fluviatilis; Morinda jasminoides; Notelaea longifolia; Persoonia mollis; Phebalium squamulosum; Pteridium esculentum; Schoenus melanostachys; Smilax glyciphylla; Sticherus flabellatus; Sticherus lobatus; Syncarpia glomulifera; Todea barbara; Triglochin procera; Tristania neriifolia; Tristaniopsis laurina

7 Blue Mountains Escarpment Complex

Blue Mountains Escarpment Complex refers to the distinctive vegetation communities associated with moist, sheltered rock faces, the escarpments and other extensive outcroppings of sandstones in the Blue Mountains. The habitat of this vegetation varies from rock crevices, ledges, caves and the talus at cliff bases through to isolated rock outcrops. The vegetation consists of a diverse mixture of moist cliffline vegetation, heath, swamp, rainforest, mallee and forest communities that can vary on a very small scale.

Species found in the moist sites include Alania endlicheri, Baeckea linifolia, Blechnum ambiguum, B. wattsii, Callicoma serratifolia, Dracophyllum secundum, Drosera binata, Epacris reclinata, Gleichenia microphylla, G. rupestris, Leptospermum rupicola, Sprengelia monticola and Todea barbara. Where a tree canopy is present, it can contain elements of various communities but Eucalyptus oreades (Blue Mountain Ash) is by far the most common. E. piperita (Sydney Peppermint), E. sieberi (Silvertop Ash) and a range of mallees, particularly the common E. stricta (Mallee Ash), can also be locally prevalent.

Blue Mountains Escarpment Complex is characterised by the following assemblage of native plant species. Other species also occur, and not all of the following species are present in every stand of the community, but the list is indicative of the species composition of the vegetation.

Acrophyllum australe; Adenochilus nortonii; Alania endlicheri; Baeckea linifolia; Bauera rubioides; Blechnum ambiguum; Blechnum gregsonii; Blechnum wattsii; Bossiaea lenticularis; Callicoma serratifolia; Dracophyllum secundum; Drosera binata; Empodisma minus; Entolasia marginata; Epacris coriacea; Epacris crassifolia; Epacris hamiltonii; Epacris muelleri; Epacris reclinata; Eucalyptus oreades; Eucalyptus piperita; Eucalyptus stricta; Euphrasia bowdeniae; Gahnia sieberiana; Gleichenia dicarpa; Gleichenia microphylla; Gleichenia rupestris; Goodenia decurrens; Goodenia rostrivalvis; Grammitis billardieri; Isopogon fletcheri; Lepidosperma evansianum; Leptopteris fraseri; Leptospermum polygalifolium; Leptospermum rupicola; Lepyrodia scariosa; Lindsaea microphylla; Lomandra montana; Lycopodium laterale; Melaleuca squamea; Microstrobos fitzgeraldii; Pterostylis pulchella; Rimacola elliptica; Rupicola apiculata; Rupicola sprengelioides; Scaevola hookeri; Schoenus melanostachys; Smilax glyciphylla; Sprengelia monticola; Sticherus flabellatus; Sticherus lobatus; Sticherus tener; Stylidium productum; Todea barbara

8 References

Benson, D.H. and Keith, D.A. (1990) The natural vegetation of the Wallerawang 1:100,000 map sheet. Cunninghamia, 2 (2):305–336

Douglas, S.M. (2001) Native vegetation of Areas 1 to 5 in Blue Mountains City local government area. Ecological Surveys and Planning P/L. Hornsby

Keith, D.A. and Benson, D.H. (1988). The natural vegetation of the Katoomba 1:100000 map sheet. Cunninghamia, 2:107–44

King, D.P. (1994). Soil landscapes of the Katoomba 1:100,000 sheet. Department of Conservation and Land Management, Sydney

Smith, P. and Smith, J. (1995a). Flora and Fauna Study for Blue Mountains Environmental Management Plan—Study Area 1: Bell to Medlow Bath. P & J Smith Ecological Consultants, Blaxland

Smith, P. and Smith, J. (1995b). Flora and Fauna Study for Blue Mountains Environmental Management Plan—Study Area 2: Katoomba to Wentworth Falls. P & J Smith Ecological Consultants, Blaxland

Smith, P. and Smith, J. (1995c). Flora and Fauna Study for Blue Mountains Environmental Management Plan—Study Area 3: Bullaburra to Linden. P & J Smith Ecological Consultants, Blaxland

Smith, P. and Smith, J. (1995d). Flora and Fauna Study for Blue Mountains Environmental Management Plan—Study Area 4: Faulconbridge to Hawkesbury Heights. P & J Smith Ecological Consultants, Blaxland

Smith, P. and Smith, J. (1995e). Flora and Fauna Study for Blue Mountains Environmental Management Plan—Study Area 5: Warrimoo to Lapstone. P & J Smith Ecological Consultants, Blaxland

Smith, P. and Smith, J. (1998). Sensitive Vegetation Units in the City of the Blue Mountains. Unpublished report to Blue Mountains Conservation Society, Residents Against Improper Development, Coalition of Residents for the Environment, Springwood-Winmalee Action Group, Peter Dodd and Lyndal Sullivan. P & J Smith Ecological Consultants

Specht, R.L., Roe, E.M. and Boughton, V.H. (1974). Conservation of Major Plant Communities in Australia and Papua New Guinea. Aust. J. Bot. Supp. Series, No 7. CSIRO Editorial and Publishing Unit, Melbourne

Dictionary

(Clause 1.4)

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:

(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note—

The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).

Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.

Active Street Frontages Map means the Blue Mountains Local Environmental Plan 2015 Active Street Frontages Map.

advertisement has the same meaning as in the Act.

Note—

The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

advertising structure has the same meaning as in the Act.

Note—

The term is defined as a structure used or to be used principally for the display of an advertisement.

Advertising structures are a type of signage—see the definition of that term in this Dictionary.

affordable housing has the same meaning as in the Act.

Note—

The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

Note—

Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.

agriculture means any of the following:

(a)  aquaculture,

(b)  extensive agriculture,

(c)  intensive livestock agriculture,

(d)  intensive plant agriculture.

Note—

Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.

air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.

airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.

Note—

Airports are a type of air transport facility—see the definition of that term in this Dictionary.

airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.

amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:

(a)  billiards, pool or other like games, or

(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.

animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.

aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.

Note—

Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.

archaeological site means a place that contains one or more relics.

artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following:

(a)  a retail area for the sale of the products,

(b)  a restaurant or cafe,

(c)  facilities for holding tastings, tours or workshops.

Note—

See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.

Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.

asset protection zone means an asset protection zone established in accordance with Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006.

attached dwelling means a building containing 3 or more dwellings, where:

(a)  each dwelling is attached to another dwelling by a common wall, and

(b)  each of the dwellings is on its own lot of land, and

(c)  none of the dwellings is located above any part of another dwelling.

Note—

Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.

backpackers’ accommodation means a building or place that:

(a)  provides temporary or short-term accommodation on a commercial basis, and

(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and

(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).

Note—

Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).

bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:

(a)  meals are provided for guests only, and

(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c)  dormitory-style accommodation is not provided.

Note—

See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.

Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.

Note—

Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.

biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.

biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.

Note—

Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.

boarding house means a building that:

(a)  is wholly or partly let in lodgings, and

(b)  provides lodgers with a principal place of residence for 3 months or more, and

(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Note—

Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.

boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.

boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.

boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.

brothel has the same meaning as in the Act.

Note—

This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.

building has the same meaning as in the Act.

Note—

The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).

building height (or height of building) means:

(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,

including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.

Note—

Building identification signs are a type of signage—see the definition of that term in this Dictionary.

building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:

(a)  a building wall, or

(b)  the outside face of any balcony, deck or the like, or

(c)  the supporting posts of a carport or verandah roof,

whichever distance is the shortest.

Built Character Map means the Blue Mountains Local Environmental Plan 2015 Built Character Map.

bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.

Note—

The term is defined as follows:

bush fire hazard reduction work means:

(a)  the establishment or maintenance of fire breaks on land, and

(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,

but does not include construction of a track, trail or road.

bush fire prone land has the same meaning as in the Act.

Note—

The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.

Bush Fire Prone Land Map means the Blue Mountains Local Environmental Plan 2015 Bush Fire Prone Land Map.

bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.

business identification sign means a sign:

(a)  that indicates:

(i)  the name of the person or business, and

(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not contain any advertising relating to a person who does not carry on business at the premises or place.

Note—

Business identification signs are a type of signage—see the definition of that term in this Dictionary.

business premises means a building or place at or on which:

(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b)  a service is provided directly to members of the public on a regular basis,

and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

Note—

Business premises are a type of commercial premises—see the definition of that term in this Dictionary.

camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:

(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:

(i)  dwellings that are permitted on rural land, and

(ii)  dwellings that are used for caretaker or staff purposes, or

(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.

car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.

Note—

The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.

cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

Note—

Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.

cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.

centre-based child care facility means:

(a)  a building or place used for the education and care of children that provides any one or more of the following:

(i)  long day care,

(ii)  occasional child care,

(iii)  out-of-school-hours care (including vacation care),

(iv)  preschool care, or

(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),

Note—

An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.

but does not include:

(c)  a building or place used for home-based child care or school-based child care, or

(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or

(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.

classified road has the same meaning as in the Roads Act 1993.

Note—

The term is defined as follows:

classified road means any of the following:

(a)  a main road,

(b)  a highway,

(c)  a freeway,

(d)  a controlled access road,

(e)  a secondary road,

(f)  a tourist road,

(g)  a tollway,

(h)  a transitway,

(i)  a State work.

(See Roads Act 1993 for meanings of these terms.)

clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.

clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

coastal hazard has the same meaning as in the Coastal Management Act 2016.

coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.

coastal protection works has the same meaning as in the Coastal Management Act 2016.

coastal waters of the State—see section 58 of the Interpretation Act 1987.

coastal zone has the same meaning as in the Coastal Management Act 2016.

commercial premises means any of the following:

(a)  business premises,

(b)  office premises,

(c)  retail premises.

community facility means a building or place:

(a)  owned or controlled by a public authority or non-profit community organisation, and

(b)  used for the physical, social, cultural or intellectual development or welfare of the community,

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

community land has the same meaning as in the Local Government Act 1993.

correctional centre means:

(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and

(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,

but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.

Council means the Blue Mountains City Council.

crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.

Crown reserve means:

(a)  a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or

(b)  a common within the meaning of the Commons Management Act 1989, or

(c)  lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,

but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.

curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.

dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).

Note—

Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.

dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.

Note—

Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.

drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.

dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).

Note—

Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Note—

Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Note—

Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling house means a building containing only one dwelling.

Note—

Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.

early education and care facility means a building or place used for the education and care of children, and includes any of the following:

(a)  a centre-based child care facility,

(b)  home-based child care,

(c)  school-based child care.

earthworks means excavation or filling.

ecologically sustainable development has the same meaning as in the Act.

eco-tourist facility means a building or place that:

(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and

(b)  is located in or adjacent to an area with special ecological or cultural features, and

(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Note—

See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.

Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

educational establishment means a building or place used for education (including teaching), being:

(a)  a school, or

(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

electricity generating works means a building or place used for the purpose of making or generating electricity.

emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.

emergency services organisation means any of the following:

(a)  Ambulance Service of New South Wales,

(b)  Fire and Rescue NSW,

(c)  NSW Rural Fire Service,

(d)  NSW Police Force,

(e)  State Emergency Service,

(f)  New South Wales Volunteer Rescue Association Incorporated,

(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.

environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.

environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.

environmentally sensitive land includes the following land:

(a)  land in Zone E2 Environmental Conservation,

(b)  land identified as “Protected area—Slope constraint area” on the Natural Resources—Land Map that has a slope exceeding 20%, excluding any land that has an area of less than 100 square metres and that is not within 20 metres of other land that has a slope exceeding 20%, but only if that land is not otherwise environmentally sensitive land,

(c)  land identified as “Protected Area—Ecological Buffer Area” on the Natural Resources—Biodiversity Map,

(d)  land that is a watercourse and land that is within 40 metres of the top of the bank of a watercourse,

(e)  land on which any significant vegetation community is located and land that is within 60 metres of any such community,

(f)  land on which any rare species of flora is located and land that is within 20 metres of any such species,

(g)  land comprising any significant geological feature, such as rock outcrops and escarpments,

but does not include land determined under clause 6.2 not to be environmentally sensitive land for the purposes of this Plan.

Note—

Clause 6.2 only applies to land that is within 40 metres of the top of the bank of a watercourse, land that is within 60 metres of a significant vegetation community and land that is within 20 metres of a rare species of flora.

estuary has the same meaning as in the Water Management Act 2000.

Note—

The term is defined as follows:

estuary means:

(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or

(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or

(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,

but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.

excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.

exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.

exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.

extensive agriculture means any of the following:

(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,

(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,

(c)  bee keeping,

(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.

Note—

Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.

extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.

Note—

Extractive industries are not a type of industry—see the definition of that term in this Dictionary.

extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

Note—

See clause 5.4 for controls relating to the number of bedrooms.

Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.

Note—

Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.

fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:

(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or

(b)  the use of land as a waste disposal facility.

filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:

(a)  still photography, or

(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or

(c)  recording images as a visitor or tourist for non-commercial purposes, or

(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.

fish has the same meaning as in the Fisheries Management Act 1994.

Note—

The term is defined as follows:

Definition of “fish”

(1)  

Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).

(2)  

Fish includes:

(a)  oysters and other aquatic molluscs, and

(b)  crustaceans, and

(c)  echinoderms, and

(d)  beachworms and other aquatic polychaetes.

(3)  

Fish also includes any part of a fish.

(4)  

However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.

flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.

flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

floor space ratio—see clause 4.5.

Floor Space Ratio Map means the Blue Mountains Local Environmental Plan 2015 Floor Space Ratio Map.

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

Note—

Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.

freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.

function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.

Note—

Funeral homes are a type of business premises—see the definition of that term in this Dictionary.

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following:

(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b)  pets and pet supplies,

(c)  fresh produce.

Note—

Garden centres are a type of retail premises—see the definition of that term in this Dictionary.

general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

Note—

General industries are a type of industry—see the definition of that term in this Dictionary.

gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:

(a)  the area of a mezzanine, and

(b)  habitable rooms in a basement or an attic, and

(c)  any shop, auditorium, cinema, and the like, in a basement or attic,

but excludes:

(d)  any area for common vertical circulation, such as lifts and stairs, and

(e)  any basement:

(i)  storage, and

(ii)  vehicular access, loading areas, garbage and services, and

(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and

(h)  any space used for the loading or unloading of goods (including access to it), and

(i)  terraces and balconies with outer walls less than 1.4 metres high, and

(j)  voids above a floor at the level of a storey or storey above.

ground level (existing) means the existing level of a site at any point.

ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.

ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.

group home means a permanent group home or a transitional group home.

Note—

Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.

group home (permanent) or permanent group home means a dwelling:

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

Note—

Permanent group homes are a type of group home—see the definition of that term in this Dictionary.

group home (transitional) or transitional group home means a dwelling:

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

Note—

Transitional group homes are a type of group home—see the definition of that term in this Dictionary.

hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.

Note—

Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.

hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Note—

Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.

hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Note—

Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.

health care professional means any person registered under an Act for the purpose of providing health care.

health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.

Note—

Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.

health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:

(a)  a medical centre,

(b)  community health service facilities,

(c)  health consulting rooms,

(d)  patient transport facilities, including helipads and ambulance facilities,

(e)  hospital.

heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:

(a)  a hazardous storage establishment,

(b)  a liquid fuel depot,

(c)  an offensive storage establishment.

heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:

(a)  hazardous industry, or

(b)  offensive industry.

It may also involve the use of a hazardous storage establishment or offensive storage establishment.

Note—

Heavy industries are a type of industry—see the definition of that term in this Dictionary.

Height of Buildings Map means the Blue Mountains Local Environmental Plan 2015 Height of Buildings Map.

helipad means a place not open to the public used for the taking off and landing of helicopters.

heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes:

(a)  a terminal building, or

(b)  facilities for the parking, storage or repair of helicopters.

Note—

Heliports are a type of air transport facility—see the definition of that term in this Dictionary.

heritage conservation area means an area of land of heritage significance:

(a)  shown on the Heritage Map as a heritage conservation area, and

(b)  the location and nature of which is described in Schedule 5,

and includes any heritage items situated on or within that area.

heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

heritage impact statement means a document consisting of:

(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and

(b)  an assessment of the impact that proposed development will have on that significance, and

(c)  proposals for measures to minimise that impact.

heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.

Note—

An inventory of heritage items is also available at the office of the Council.

heritage management document means:

(a)  a heritage conservation management plan, or

(b)  a heritage impact statement, or

(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Heritage Map means the Blue Mountains Local Environmental Plan 2015 Heritage Map.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:

(a)  electronic or micro-electronic systems, goods or components,

(b)  information technology (such as computer software or hardware),

(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,

(e)  film, television or multi-media technologies, including any post production systems, goods or components,

(f)  telecommunications systems, goods or components,

(g)  sustainable energy technologies,

(h)  any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note—

High technology industries are a type of light industry—see the definition of that term in this Dictionary.

highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  service stations and facilities for emergency vehicle towing and repairs,

(d)  parking for vehicles,

(e)  rest areas and public amenities.

home-based child care means:

(a)  a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)), or

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW)).

(b)  a dwelling used for the purposes of a home based education and care service (within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011),

at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a)  the employment of more than 2 persons other than those residents, or

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d)  the exhibition of any signage (other than a business identification sign), or

(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Note—

See clause 5.4 for controls relating to the floor area used for a home business.

home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:

(a)  the employment of more than 2 persons other than those residents,

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,

(d)  the exhibition of any signage (other than a business identification sign),

(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation or sex services premises.

Note—

See clause 5.4 for controls relating to the floor area used for a home industry.

Home industries are a type of light industry—see the definition of that term in this Dictionary.

home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a)  the employment of persons other than those residents, or

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c)  the display of goods, whether in a window or otherwise, or

(d)  the exhibition of any signage (other than a business identification sign), or

(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:

(a)  the employment of persons other than those residents, or

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or

(c)  the exhibition of any signage, or

(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a home business or sex services premises.

horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.

Note—

Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:

(a)  day surgery, day procedures or health consulting rooms,

(b)  accommodation for nurses or other health care workers,

(c)  accommodation for persons receiving health care or for their visitors,

(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,

(e)  patient transport facilities, including helipads, ambulance facilities and car parking,

(f)  educational purposes or any other health-related use,

(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),

(h)  chapels,

(i)  hospices,

(j)  mortuaries.

Note—

Hospitals are a type of health services facility—see the definition of that term in this Dictionary.

hostel means premises that are generally staffed by social workers or support providers and at which:

(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and

(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.

Note—

Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.

hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:

(a)  comprises rooms or self-contained suites, and

(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

Note—

Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

industrial retail outlet means a building or place that:

(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and

(b)  is situated on the land on which the industry or rural industry is located, and

(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,

but does not include a warehouse or distribution centre.

Note—

See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.

industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.

industry means any of the following:

(a)  general industry,

(b)  heavy industry,

(c)  light industry,

but does not include:

(d)  rural industry, or

(e)  extractive industry, or

(f)  mining.

information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.

intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following:

(a)  dairies (restricted),

(b)  feedlots,

(c)  pig farms,

(d)  poultry farms,

but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.

Note—

Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.

intensive plant agriculture means any of the following:

(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),

(b)  horticulture,

(c)  turf farming,

(d)  viticulture.

Note—

Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.

jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.

Key Sites Map means the Blue Mountains Local Environmental Plan 2015 Key Sites Map.

kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.

Note—

See clause 5.4 for controls relating to the gross floor area of a kiosk.

Kiosks are a type of retail premises—see the definition of that term in this Dictionary.

Land Application Map means the Blue Mountains Local Environmental Plan 2015 Land Application Map.

Land Reservation Acquisition Map means the Blue Mountains Local Environmental Plan 2015 Land Reservation Acquisition Map.

Land Zoning Map means the Blue Mountains Local Environmental Plan 2015 Land Zoning Map.

landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.

landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.

Note—

Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.

light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:

(a)  high technology industry,

(b)  home industry,

(c)  artisan food and drink industry.

Note—

Light industries are a type of industry—see the definition of that term in this Dictionary.

liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.

Note—

Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.

Note—

Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.

local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.

Note—

Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.

Lot Averaging Map means the Blue Mountains Local Environmental Plan 2015 Lot Averaging Map.

Lot Size Map means the Blue Mountains Local Environmental Plan 2015 Lot Size Map.

maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:

(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,

(b)  any facility for providing fuelling, sewage pump-out or other services for boats,

(c)  any facility for launching or landing boats, such as slipways or hoists,

(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,

(e)  any berthing or mooring facilities.

market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.

Note—

Markets are a type of retail premises—see the definition of that term in this Dictionary.

mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.

medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.

Note—

Medical centres are a type of health services facility—see the definition of that term in this Dictionary.

mezzanine means an intermediate floor within a room.

mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.

mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.

Mineral Resource Area Map means the Blue Mountains Local Environmental Plan 2015 Mineral Resource Area Map.

mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:

(a)  the construction, operation and decommissioning of associated works, and

(b)  the rehabilitation of land affected by mining.

Note—

Mining is not a type of industry—see the definition of that term in this Dictionary.

mixed use development means a building or place comprising 2 or more different land uses.

mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.

mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.

mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.

moveable dwelling has the same meaning as in the Local Government Act 1993.

Note—

The term is defined as follows:

moveable dwelling means:

(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b)  a manufactured home, or

(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.

multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Note—

Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.

native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.

native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.

native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.

Natural Resources—Biodiversity Map means the Blue Mountains Local Environmental Plan 2015 Natural Resources—Biodiversity Map.

Natural Resources—Land Map means the Blue Mountains Local Environmental Plan 2015 Natural Resources—Land Map.

navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.

Note—

See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.

Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.

neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.

Note—

See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.

Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.

nominated State heritage item means a heritage item that:

(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

notional development area means the area of a lot in Zone E3 Environmental Management or Zone E4 Environmental Living that is not any of the following:

(a)  land identified as “Protected area—Slope constraint area” on the Natural Resources—Land Map that has a slope of more than 20%,

(b)  land identified as “Protected area—Ecological buffer area” on the Natural resources—Biodiversity Map.

offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

Note—

Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.

offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

Note—

Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.

Note—

Office premises are a type of commercial premises—see the definition of that term in this Dictionary.

open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.

operational land has the same meaning as in the Local Government Act 1993.

original lot means a lot on a current plan (within the meaning of section 7A of the Conveyancing Act 1919) that existed on 27 December 1991.

oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.

Note—

Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.

parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.

passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.

people who are socially disadvantaged means:

(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or

(b)  people who require protection because of domestic violence or upheaval.

people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.

pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.

Note—

Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Note—

Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.

pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.

Note—

Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.

port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.

Note—

Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.

property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).

pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Note—

Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.

public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.

public authority has the same meaning as in the Act.

public land has the same meaning as in the Local Government Act 1993.

Note—

The term is defined as follows:

public land means any land (including a public reserve) vested in or under the control of the council, but does not include:

(a)  a public road, or

(b)  land to which the Crown Lands Act 1989 applies, or

(c)  a common, or

(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or

(e)  a regional park under the National Parks and Wildlife Act 1974.

public reserve has the same meaning as in the Local Government Act 1993.

public utility services means development relating to the provision of any of the following services:

(a)  the supply of water,

(b)  hydraulic power,

(c)  electricity or gas,

(d)  sewerage or drainage services,

(e)  telecommunications facilities.

public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act:

(a)  railway, road transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.

rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.

rare species of flora means any flora species listed in the publication titled Rare or Threatened Australian Plants (Briggs and Leigh, 1995 Revised Edition) and kept in the office of the Council.

recreation area means a place used for outdoor recreation that is normally open to the public, and includes:

(a)  a children’s playground, or

(b)  an area used for community sporting activities, or

(c)  a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.

registered club means a club that holds a club licence under the Liquor Act 2007.

relic has the same meaning as in the Heritage Act 1977.

Note—

The term is defined as follows:

relic means any deposit, artefact, object or material evidence that:

(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)  is of State or local heritage significance.

research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:

(a)  attached dwellings,

(b)  boarding houses,

(c)  dual occupancies,

(d)  dwelling houses,

(e)  group homes,

(f)  hostels,

(g)  multi dwelling housing,

(h)  residential flat buildings,

(i)  rural workers’ dwellings,

(j)  secondary dwellings,

(k)  semi-detached dwellings,

(l)  seniors housing,

(m)  shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

residential care facility means accommodation for seniors or people with a disability that includes:

(a)  meals and cleaning services, and

(b)  personal care or nursing care, or both, and

(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

but does not include a dwelling, hostel, hospital or psychiatric facility.

Note—

Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

Note—

Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.

resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.

Note—

Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

Note—

Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.

restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following:

(a)    (Repealed)

(b)  cellar door premises,

(c)  food and drink premises,

(d)  garden centres,

(e)  hardware and building supplies,

(f)  kiosks,

(g)  landscaping material supplies,

(h)  markets,

(i)  plant nurseries,

(j)  roadside stalls,

(k)  rural supplies,

(l)  shops,

(la)  specialised retail premises,

(m)  timber yards,

(n)  vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

Note—

Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.

Riparian Lands and Watercourses Map means the Blue Mountains Local Environmental Plan 2015 Riparian Lands and Watercourses Map.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note—

See clause 5.4 for controls relating to the gross floor area of roadside stalls.

Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:

(a)  agricultural produce industries,

(b)  livestock processing industries,

(c)  composting facilities and works (including the production of mushroom substrate),

(d)  sawmill or log processing works,

(e)  stock and sale yards,

(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note—

Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note—

Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note—

Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note—

Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

Scenic and Landscape Values Map means the Blue Mountains Local Environmental Plan 2015 Scenic and Landscape Values Map.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note—

Schools are a type of educational establishment—see the definition of that term in this Dictionary.

school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.

Note—

Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.

secondary dwelling means a self-contained dwelling that:

(a)  is established in conjunction with another dwelling (the principal dwelling), and

(b)  is on the same lot of land as the principal dwelling, and

(c)  is located within, or is attached to, or is separate from, the principal dwelling.

Note—

See clause 5.4 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note—

Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note—

Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is:

(a)  a residential care facility, or

(b)  a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or

(c)  a group of self-contained dwellings, or

(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for:

(e)  seniors or people who have a disability, or

(f)  people who live in the same household with seniors or people who have a disability, or

(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note—

Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b)  the cleaning of motor vehicles,

(c)  installation of accessories,

(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e)  the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note—

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:

(a)  pipelines and tunnels, and

(b)  pumping stations, and

(c)  dosing facilities, and

(d)  odour control works, and

(e)  sewage overflow structures, and

(f)  vent stacks.

Note—

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note—

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following:

(a)  biosolids treatment facility,

(b)  sewage reticulation system,

(c)  sewage treatment plant,

(d)  water recycling facility,

(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note—

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above ground floor retail premises or business premises.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a)  an advertising structure,

(b)  a building identification sign,

(c)  a business identification sign,

but does not include a traffic sign or traffic control facilities.

significant vegetation community—see Schedule 6.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note—

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:

(a)  any basement,

(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

(c)  any eaves,

(d)  unenclosed balconies, decks, pergolas and the like.

slope means the gradient of the natural ground level (being the vertical height divided by the horizontal distance expressed as a percentage). The slope of the land is to be established by measuring the distance between 1 metre contour levels as shown on a detailed contour survey plan of the land concerned that plots any rock outcrops on the land as well as other prominent features.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires:

(a)  a large area for handling, display or storage, or

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note—

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note—

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a)  a space that contains only a lift shaft, stairway or meter room, or

(b)  a mezzanine, or

(c)  an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined as follows:

swimming pool means an excavation, structure or vessel:

(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and

(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note—

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means:

(a)  any part of the infrastructure of a telecommunications network, or

(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c)  any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows:

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note—

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a)  backpackers’ accommodation,

(b)  bed and breakfast accommodation,

(c)  farm stay accommodation,

(d)  hotel or motel accommodation,

(e)  serviced apartments,

but does not include:

(f)  camping grounds, or

(g)  caravan parks, or

(h)  eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note—

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means:

(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note—

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note—

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note—

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following:

(a)  a resource recovery facility,

(b)  a waste disposal facility,

(c)  a waste or resource transfer station,

(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note—

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:

(a)  retention structures, and

(b)  treatment works, and

(c)  irrigation schemes.

Note—

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note—

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note—

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following:

(a)  a water reticulation system,

(b)  a water storage facility,

(c)  a water treatment facility,

(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note—

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means:

(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities:

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.