New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 78

78 Consideration of bush fire protection

(1) Consent shall not be granted to development on bush fire prone land unless--

(a) the consent authority has had regard to an assessment of the information relating to bush fires required by item (6) of the Table to clause 43 and is satisfied that the development is designed and located in accordance with the bush fire assessment, and

(b) the consent authority is satisfied that the proposed development complies with the relevant bush fire protection objectives and the other provisions within this Division.

(2) In considering the matters referred to in subclause (1), the consent authority must have regard to the specifications and requirements of Planning for Bush Fire Protection .

(3) Except for development subject to clause 81 (Bush fire protection for residential subdivision and development) and clause 82 (Special fire protection purposes), where the development does not conform to the specifications and requirements of Planning for Bush Fire Protection , the consent authority may grant consent to development on bush fire prone land, subject to subclause (1).

(4) Development that is not located on bush fire prone land--

(a) is to adopt measures to achieve a basic level of protection against ember attack and radiant heat in the manner outlined in the relevant parts of the Council's Better Living DCP , and

(b) shall not be required to provide an asset protection zone where the consent authority is satisfied that a structure, work or open space located between the site and the source of any bush fire hazard provides sufficient separation.

Note : The consent authority must also have regard to the relevant provisions of the Rural Fires Act 1997 and the Environmental Planning and Assessment Act 1979 .