New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 34

34 Development near zone boundaries

(1) Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within the maximum distance from the boundary between that zone and another zone, if it is allowed in the other zone either with or without development consent.

(2) Consent shall not be granted to development pursuant to this clause unless the consent authority is satisfied that carrying out the proposed development will--

(a) have the effect of extending development that is being or will be lawfully carried out in the zone in which it is allowed in the absence of this clause, and

(b) comply with the objectives of the zone in which it will be carried out.

(3) In this clause,
"the maximum distance" means 20 metres or, if the otherwise prohibited development will be carried out within the Environmental Protection--Private or Environmental Protection--Open Space zone, 10 metres.