New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 45

45 Protected Area--Slope Constraint Area

(1) Consent shall not be granted to development on any land within a Protected Area--Slope Constraint Area that has contiguous areas of slope greater than 20 per cent (
"protected land" ) unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.

(2) The objectives for a Protected Area--Slope Constraint Area are--

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

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

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

(3) Development, including the erection of buildings, carrying out of alterations to buildings, clearing of native vegetation, and the carrying out of works that disturb the soil or alter the natural drainage pattern, on land to which this clause applies, is to--

(a) retain and maintain all existing native vegetation outside the area immediately required for the development, and

(b) incorporate measures to regenerate native vegetation on all land with slopes greater than 20 per cent that has already been cleared and does not form part of the site of existing development or the proposed development, and

(c) not adversely impact on the rate, volume or quality of water leaving the site, and

(d) be undertaken only where an assessment, which may include the preparation of a geotechnical report, demonstrates that the soil characteristics and structural elements of the protected land are suitable for the proposed development, and

(e) be sited outside protected land unless no other practicable alternative is available.

(4) When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider--

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

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

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