New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 102

102 Uncoloured roads

(1) Development is allowed only with consent on a public road shown uncoloured on Map Panel A or on part of such a road that has been lawfully closed.

(2) Such a consent may be granted only for development that is allowed (either with or without consent) on land adjoining the road.

(3) Subject to subclause (4), development consent is not required for works carried out by the Council or any public utility undertaking on roads shown uncoloured on Map Panel A.

(4) New roads may be constructed and road widening in excess of 1 metre (other than for maintenance of existing roads) may be carried out on land adjoining or within the--

(a) Environmental Protection--Private zone, or

(b) Environmental Protection--Open Space zone, or

(c) Living--Conservation zone,

only with development consent.

(5) Consent shall not be granted to development on roads adjoining or within a zone described in subclause (4) unless the consent authority has considered the following--

(a) the impact of the proposed road works on land within the adjoining Environmental Protection--Private zone or Environmental Protection--Open Space zone and measures that have been incorporated to minimise this impact,

(b) the design, style and nature of the road works in regard to the maintenance and enhancement of bushland character,

(c) the regeneration and planting of disturbed areas and road verges,

(d) the retention, where possible, of natural features, including trees and rock outcrops.

(6) Development of roads shown uncoloured on Map Panel A, on land adjoining the Living Conservation zone, shall be of a form and design, and in such a location, as to enhance the landscape setting of the streetscape.