New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 44

44 Environmental impact

(1) Impact on the National Park Consent shall not be granted to development proposed on any land adjacent to the Blue Mountains National Park, unless the consent authority--

(a) has considered the impact of the proposed development on the aesthetic, historical, natural, scenic and scientific attributes of the land within the National Park, and

(b) has considered any comments from the Department of Environment and Conservation in relation to the effect of the proposed development, and

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

(2) Subdivision Consent shall not be granted to the subdivision of land to create additional lots unless the development will incorporate effective measures, satisfactory to the consent authority, to ensure that the development, and any asset protection zones required to protect the land to be subdivided, will have no adverse environmental impact on any development excluded land.

(3) Development on lots created within the Living--Bushland Conservation zone Where a lot is created by the subdivision of land within the Living--Bushland Conservation zone in accordance with this plan, consent shall not be granted to any development (excluding a work for the purpose of providing public utility services) proposed to take place wholly or partly on development excluded land, unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development, including any required asset protection zones, will have no adverse impact on the development excluded land concerned.

(4) Other development All buildings and works, and any asset protection zone, not subject to subclauses (2) or (3) should be designed and sited so as to have no adverse environmental impact on any of the following--

(a) any significant vegetation community,

(b) the habitat of any threatened species, populations or ecological communities,

(c) any rare species of flora,

(d) any fauna corridor,

(e) the hydrological aspect of the locality,

(f) any watercourse or wetland,

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

(5) Where an adverse environmental impact cannot be avoided for development to which subclause (4) applies, consent shall not be granted unless the consent authority is satisfied that the development--

(a) has been designed and sited so as to have the minimum possible adverse impact on the environmental attributes identified in subclause (4) (a)-(g), and

(b) incorporates effective measures to remedy or mitigate any adverse environmental impact, and

(c) offsets those environmental impacts through the restoration of any existing disturbed areas on the site.

(6) In determining whether an adverse environmental impact cannot be avoided in accordance with subclause (5), the consent authority shall--

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

(b) be satisfied that no practicable alternative is available in terms of 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.

(7) Impact of bush fire protection measures The provision of asset protection zones as referred to in subclauses (2), (3) and (4) shall balance the conservation of the natural environment with the protection of life and property from bush fire by being designed, sited or maintained so as to--

(a) not exceed the level of clearing and reduction of vegetation prescribed in the bush fire code, unless otherwise prescribed by the provisions of this plan, and

(b) minimise environmental disturbance by using the method of bush fire hazard reduction that is suited to the characteristics of the site, in accordance with the Council's Better Living DCP , and

(c) not be located on any land that has contiguous areas of slope greater than 33 per cent, unless no other viable alternative is available, and

(d) retain, where practicable, any existing mature smooth-barked trees which contain faunal habitat hollows, and

(e) incorporate the planting of species that have bush fire resistant properties and are compatible with locally indigenous vegetation.