New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 80

80 Asset protection zones

(1) Consent must not be granted for any development of bush fire prone land involving the construction of a building (except a class 10 building) or residential subdivision unless the consent authority is satisfied that an asset protection zone that complies with the objectives of asset protection zones and other provisions of this clause will be established and maintained.

(2) The objectives of asset protection zones are--

(a) to protect buildings, their occupants and fire fighters by isolating the building from direct flame attack and reducing the level of radiant heat impacting upon the building, and

(b) to minimise the impact of asset protection zones so that they do not unduly compromise the retention of a natural bushland environment, and

(c) to separate buildings from the source of a bush fire hazard, and

(d) to minimise the combustible material available to burn in a bush fire, and

(e) to enable access to all exterior parts of a dwelling after the passage of a fire front to identify and extinguish any spot fires which may have ignited.

(3) An asset protection zone must be designed and maintained so that--

(a) there is minimal fuel that could be set alight by a bush fire, and

(b) any vegetation located within the asset protection zone does not provide a path for the transfer of fire to buildings.

(4) Except as provided otherwise by clause 81 (6) or clause 83 (Bush fire protection for infill development), any asset protection zone established to protect development against bush fire is to be located within the boundaries of the site on which the development is to be carried out.

(5) Where an existing asset protection zone immediately adjoins the development site, and the consent authority is satisfied that it will continue to be maintained for this purpose, the existing asset protection zone may be included as part of the asset protection zone for the new development.

(6) Conditions of development consent may require restrictions or positive covenants to be placed on titles of affected land to maintain the effectiveness of an asset protection zone or to protect vegetation within or adjoining an asset protection zone, which may relate to--

(a) the nature and level of vegetation maintenance required,

(b) the extent and method of vegetation clearing,

(c) responsibility for maintenance.