Blue Mountains Local Environmental Plan No 4 (1982-014) (NSW)

Blue Mountains Local Environmental Plan No 4 (1982 EPI 14)

Part 1 Preliminary

1 Name of plan This plan may be cited as Blue Mountains Local Environmental Plan No 4.

2 Aims, objectives etc This plan aims to promote the orderly and economic development of the City of Blue Mountains in a manner consistent with the need to protect the environment, and to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

3 Land to which this plan applies This plan applies to certain land within the City of Blue Mountains, being that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as "Area subject to LEP 4".

4 Relationship to other environmental planning instruments This plan repeals— (a) Interim Development Order No 28—City of Blue Mountains, and (b) Blue Mountains Local Environmental Plans Nos 1, 2, 3, 5, 6 and 7.

5 Arrangement This plan is divided as follows— Part 1—Preliminary—cll 1–8 Part 2—General restrictions on development of land—cl 9 Part 3—Special provisions—cll 10–61 Division 1—Dwelling-houses and Boarding-houses—cll 10–14 Division 2—Residential Flat Buildings—cll 15–20 Division 3—Business and Commercial Uses—cll 21–29 Division 4—Rural Uses—cll 30, 31 Division 5—Subdivision of Land—cll 32–35 Division 6—Building and Development Generally—cll 36–47 Division 7—Roads—cll 48, 49 Division 8—Development in Escarpment Preservation Areas—cll 50–55 Division 9—Development on Reserved Land—cll 56, 57 Division 10—Other uses and General—cll 58–61 Schedules

6 Interpretation (1) In this plan except in so far as the context or subject-matter otherwise indicates or requires— appointed day means the day on which this plan takes effect. arterial road includes— (a) any proposed road indicated on the map by a broken red band between broken black lines, and (b) any proposed widening of an existing road indicated on the map by a broken red band between a firm black line and a broken black line. community centre means— (a) a public library, rest rooms or meeting rooms owned or leased by the council, and (b) a building or place so owned or leased and used for— (i) the provision of public health services or other like services, or (ii) indoor recreation, child minding or other like activities. community land means land classified as community land within the meaning of the Local Government Act 1993. council means the Council of the City of Blue Mountains. escarpment preservation area means land shown on the map by black cross-hatching. guest house means a building used for the purpose of providing guest accommodation and may include a refreshment room, but does not include a boarding-house, holiday cabin, motel or residential flat building. holiday cabin means a dwelling used, constructed or adapted to be used for the provision of holiday accommodation only, being one of a group of similar dwellings erected on an allotment of land or allotments of land in the same ownership. operational land means land classified as operational land within the meaning of the Local Government Act 1993. plant depot means a building or place used for the parking or servicing of moveable plant by the owner or lessee of that building or place in the pursuit of an occupation or business carried on by him at some other location. reception establishment means a building or place used for the purpose of gain, for social functions or receptions and the like. recreation area means— (a) a children's playground, (b) an area used for sporting activities or sporting facilities, (c) an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, (d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes, but does not include a racecourse or showground. residential flat building Class 1 means a residential flat building containing 2 or more dwellings in a group such as are commonly known as group houses, villa homes, town houses, terrace buildings and the like. retirement village means housing in the form of a group of residential flat buildings which are intended to be used as a permanent residence for persons aged 55 years or over. storey means a floor of a building other than— (a) a floor used principally for storage, or (b) a floor used wholly or partly for parking. the map means the map marked "Blue Mountains Local Environmental Plan No 4", as amended by the maps marked as follows—