blue mountains city council minutes of …...oct 23, 2014 · blue mountains city council minutes...

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF EXTRAORDINARY COUNCIL MEETING

23 October 2014

INDEX

Minute File No. SUBJECT Page

1190 APOLOGIES ..................................................................................... 4 DECLARATIONS OF INTEREST – ORDINARY MEETING .............. 5

1191 14/200909 COUNCILLORS SPECIAL DISCLOSURES OF PECUNAIRY INTEREST UNDER SECTION 451 OF THE LOCAL GOVERNMENT ACT 1993 (LGA) AND STAFF DISCLOSURES OF PECUNIARY INTEREST UNDER SECTION 459 OF THE LGA ............................. 6

1192 14/200906 DRAFT LOCAL ENVIRONMENTAL PLAN (DLEP) 2013 - REVIEW OF MISCELLANEOUS MATTERS AND MATTERS DEFERRED TO THE END OF THE REVIEW PROCESS ........................................... 6

1193 PROCEDURAL - PROCEDURAL MOTION ...................................... 7 1194 PROCEDURAL - PROCEDURAL MOTION ...................................... 8 1195 PROCEDURAL - PROCEDURAL MOTION ...................................... 8 1196 PROCEDURAL - PROCEDURAL MOTION ...................................... 9 1197 PROCEDURAL - PROCEDURAL MOTION ...................................... 9 1198 PROCEDURAL - PROCEDURAL MOTION .....................................10 1199 PROCEDURAL - PROCEDURAL MOTION .....................................10 1200 PROCEDURAL - PROCEDURAL MOTION .....................................11 1201 PROCEDURAL - PROCEDURAL MOTION .....................................11 1202 PROCEDURAL - PROCEDURAL MOTION .....................................12 1203 PROCEDURAL - PROCEDURAL MOTION .....................................12 1204 PROCEDURAL - PROCEDURAL MOTION .....................................12 1205 PROCEDURAL - PROCEDURAL MOTION .....................................13 1206 PROCEDURAL - PROCEDURAL MOTION .....................................13 1207 PROCEDURAL - PROCEDURAL MOTION .....................................14 1208 PROCEDURAL - PROCEDURAL MOTION .....................................14 1209 PROCEDURAL - PROCEDURAL MOTION .....................................15 1210 PROCEDURAL - PROCEDURAL MOTION .....................................15 1211 PROCEDURAL - PROCEDURAL MOTION .....................................16 1212 PROCEDURAL - PROCEDURAL MOTION .....................................16 1213 PROCEDURAL - PROCEDURAL MOTION .....................................17 1214 PROCEDURAL - PROCEDURAL MOTION .....................................17 1215 PROCEDURAL - PROCEDURAL MOTION .....................................18 1216 PROCEDURAL - PROCEDURAL MOTION .....................................18 1217 PROCEDURAL - PROCEDURAL MOTION .....................................19 1218 PROCEDURAL - PROCEDURAL MOTION .....................................19 1219 PROCEDURAL - PROCEDURAL MOTION .....................................20 1220 PROCEDURAL - PROCEDURAL MOTION .....................................20 1221 PROCEDURAL - PROCEDURAL MOTION .....................................20 1222 PROCEDURAL - PROCEDURAL MOTION .....................................21 1223 PROCEDURAL - PROCEDURAL MOTION .....................................21 1224 PROCEDURAL - PROCEDURAL MOTION .....................................22 1225 PROCEDURAL - PROCEDURAL MOTION .....................................22 1226 PROCEDURAL - PROCEDURAL MOTION .....................................23 1227 PROCEDURAL - PROCEDURAL MOTION .....................................23 1228 PROCEDURAL - PROCEDURAL MOTION .....................................24 1229 PROCEDURAL - PROCEDURAL MOTION .....................................24 1230 PROCEDURAL - PROCEDURAL MOTION .....................................25 1231 PROCEDURAL - PROCEDURAL MOTION .....................................25 1232 PROCEDURAL - PROCEDURAL MOTION .....................................25

INDEX Contd


1233 PROCEDURAL - PROCEDURAL MOTION .....................................26 1234 PROCEDURAL - PROCEDURAL MOTION .....................................26 1235 PROCEDURAL - PROCEDURAL MOTION .....................................27 1236 PROCEDURAL - PROCEDURAL MOTION .....................................27 1237 PROCEDURAL - PROCEDURAL MOTION .....................................28 1238 PROCEDURAL - PROCEDURAL MOTION .....................................28 1239 PROCEDURAL - PROCEDURAL MOTION .....................................29 1240 PROCEDURAL - PROCEDURAL MOTION .....................................29 1241 PROCEDURAL - PROCEDURAL MOTION .....................................30 1242 PROCEDURAL - PROCEDURAL MOTION .....................................30 1243 PROCEDURAL - PROCEDURAL MOTION .....................................30 1244 PROCEDURAL - PROCEDURAL MOTION .....................................31 1245 PROCEDURAL - PROCEDURAL MOTION .....................................31 1246 PROCEDURAL - PROCEDURAL MOTION .....................................32 1247 PROCEDURAL - PROCEDURAL MOTION .....................................32 1248 PROCEDURAL - PROCEDURAL MOTION .....................................33 1249 PROCEDURAL - PROCEDURAL MOTION .....................................33 1250 PROCEDURAL - PROCEDURAL MOTION .....................................34 1251 PROCEDURAL - PROCEDURAL MOTION .....................................34 1252 PROCEDURAL - PROCEDURAL MOTION .....................................35 1253 PROCEDURAL - PROCEDURAL MOTION .....................................35 1254 PROCEDURAL - PROCEDURAL MOTION .....................................36 1255 PROCEDURAL - PROCEDURAL MOTION .....................................36 1256 PROCEDURAL - PROCEDURAL MOTION .....................................36 1257 PROCEDURAL - PROCEDURAL MOTION .....................................37 1258 PROCEDURAL - PROCEDURAL MOTION .....................................37 1259 PROCEDURAL - PROCEDURAL MOTION .....................................38 1260 PROCEDURAL - PROCEDURAL MOTION .....................................38 1261 PROCEDURAL - PROCEDURAL MOTION .....................................39 1262 PROCEDURAL - PROCEDURAL MOTION .....................................39 1263 PROCEDURAL - PROCEDURAL MOTION .....................................40 1264 PROCEDURAL - PROCEDURAL MOTION .....................................40 1265 PROCEDURAL - PROCEDURAL MOTION .....................................41 1266 PROCEDURAL - PROCEDURAL MOTION .....................................41 1267 PROCEDURAL - PROCEDURAL MOTION .....................................41 1268 PROCEDURAL - PROCEDURAL MOTION .....................................42 1269 PROCEDURAL - PROCEDURAL MOTION .....................................42 1270 PROCEDURAL - PROCEDURAL MOTION .....................................43 1271 PROCEDURAL - PROCEDURAL MOTION .....................................43 1272 PROCEDURAL - PROCEDURAL MOTION .....................................44 1273 PROCEDURAL - PROCEDURAL MOTION .....................................44 1274 PROCEDURAL - PROCEDURAL MOTION .....................................44 1275 PROCEDURAL - PROCEDURAL MOTION .....................................45 1276 PROCEDURAL - PROCEDURAL MOTION .....................................45 1277 PROCEDURAL - PROCEDURAL MOTION .....................................46 1278 PROCEDURAL - PROCEDURAL MOTION .....................................46 1279 PROCEDURAL - PROCEDURAL MOTION .....................................47 1280 PROCEDURAL - PROCEDURAL MOTION .....................................47 1281 PROCEDURAL - PROCEDURAL MOTION .....................................47 1282 PROCEDURAL - PROCEDURAL MOTION .....................................48 1283 PROCEDURAL - PROCEDURAL MOTION .....................................48

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INDEX Contd


1284 PROCEDURAL - PROCEDURAL MOTION .....................................49 1285 PROCEDURAL - PROCEDURAL MOTION .....................................49 1286 PROCEDURAL - PROCEDURAL MOTION .....................................50 1287 PROCEDURAL - PROCEDURAL MOTION .....................................50 1288 PROCEDURAL - PROCEDURAL MOTION .....................................51 1289 PROCEDURAL - PROCEDURAL MOTION .....................................52 1290 PROCEDURAL - PROCEDURAL MOTION .....................................52 1291 PROCEDURAL - PROCEDURAL MOTION .....................................53 1292 PROCEDURAL - PROCEDURAL MOTION .....................................53 1293 PROCEDURAL - PROCEDURAL MOTION .....................................54 1294 PROCEDURAL - PROCEDURAL MOTION .....................................54 1295 PROCEDURAL - PROCEDURAL MOTION .....................................55 1296 PROCEDURAL - PROCEDURAL MOTION .....................................55 1297 PROCEDURAL - PROCEDURAL MOTION .....................................56 1298 PROCEDURAL - PROCEDURAL MOTION .....................................57 1299 PROCEDURAL - PROCEDURAL MOTION .....................................57 1300 PROCEDURAL - PROCEDURAL MOTION .....................................58 1301 PROCEDURAL - PROCEDURAL MOTION .....................................58 1302 PROCEDURAL – QUESTION THAT MEETING CLOSE ..................59

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Confirmed Minutes Extraordinary Council 23 October 2014

Minutes of the Extraordinary Council Meeting of the City of Blue Mountains, held in the Chambers on Thursday, 23 October 2014, commencing at 7.00.

* * * * * * * * * *

There were present: The Mayor (Councillor Greenhill) in the Chair, and Councillors Begg, Fell, Hollywood, Luchetti, McGregor, Myles, Van der Kley, Von Schulenburg.

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In attendance: General Manager; Director City Services; Director City & Community Outcomes; Director Development Health & Customer Services; Group Manager, People & Systems, Group Manager Integrated Planning and Finance; Executive Officer; Chief Financial Officer: Manager Assets; Manager Development & Planning Services; Manager City Planning; Manager Library and Community Services; Manager Building & Compliance; Communications Officer; Principal Planning Officer; Program Leader Strategic Planning; Program Leader Transportation and Recreation; Town Planner; Project Support Officer Governance Publications; IT Trainee; Ranger; Ranger.

* * * * * * * * * *

Prayer/Reflection: The Prayer/Reflection was read by the Mayor, as was the acknowledgement of the traditional owners, the Darug and Gundungurra people.

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MINUTE NO. 1190

Apologies

A MOTION was MOVED by Councillors Van der Kley and Von Schulenburg:

That the Council accept the apology of Clr Christie for this Extraordinary Meeting of the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against Councillors Greenhill Councillors

Von Schulenburg Fell Luchetti Myles Hollywood Van der Kley Begg McGregor

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Declarations of Interest – Ordinary Meeting, 23 October 2014

The following declaration was made by the General Manager with respect to Special Disclosures made by Councillors in Item 1:

“Councillors, you have before you a report that annexes the special disclosures made by each Councillor in relation to the Draft Standard Instrument Local Environmental Plan that will be considered later in this meeting. Those disclosures are made under s451 of the Local Government Act and the Local Government (General) Regulations (Regulations). In accordance with Regulation 195A and with Schedule 3A to the Regulations, I now table each of the original special disclosure forms that have been completed by the Councillors listed below.

As required by Schedule 3A to the Regulations, the disclosure forms are available for public inspection. Each of the disclosure forms will be recorded in the minutes of this meeting.”

The General Manager tabled each of the following special disclosures with respect to Special Disclosures made by Councillors in Item 1:

(a) Special disclosure made by Councillor Begg, being attachment No. 1. to these minutes; (b) Special disclosure made by Councillor Christie, being attachment No. 1. to these minutes; (c) Special disclosure made by Councillor Fell, being attachment No. 1 to these minutes; (d) Special disclosure made by Councillor Greenhill, being attachment No. 1 to these minutes; (e) Special disclosure made by Councillor Hollywood, being attachment No. 1 to these minutes; (f) Special disclosure made by Councillor Luchetti, being attachment No. 1 to these minutes; (g) Special disclosure made by Councillor McGregor, being attachment No. 1 to these minutes; (h) Special disclosure made by Councillor Myles, being attachment No. 1 to these minutes; (i) Special disclosure made by Councillor Von Schulenburg, being attachment No. 1 to these minutes; (j) Special disclosure made by Councillor Van der Kley, being attachment No. 1 to these minutes.

The following declaration was made by the Mayor with respect to the General Manager’s Disclosure in Item 1:

“Councillors, you have before you a report which confirms that the General Manager has made a disclosure of pecuniary interest in relation to the Draft Standard Instrument Local Environmental Plan (Draft SILEP) that will be considered later in this meeting. That disclosure is made under s459 of the Local Government Act 1993.

I now table the disclosure made by the General Manager. The report recommends that the General Manager’s disclosure be entered in the special register of pecuniary interests, recording disclosures made by Council staff in relation to the Draft SILEP. The special register is available for public inspection.”

The following declaration was made by the General Manager with respect to Staff Disclosures in Item 1:

“Councillors, you have before you a report which confirms that senior staff, falling within the definition of “designated persons” under the Local Government Act 1993, have made disclosures of pecuniary interest in relation to the Draft Standard Instrument Local Environmental Plan (Draft SILEP) that will be considered later in this meeting. Those disclosures have been made under s459 of the Local Government Act 1993.

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The staff disclosures have been made to me. I have caused the staff disclosures to be entered in the special register of pecuniary interests, recording disclosures made by Council staff in relation to the Draft SILEP. The special register is available for public inspection.”

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MINUTE NO. 1191

1. 14/200909. Councillors special disclosures of pecuniary interest under Section 451 of the Local Government Act 1993 (LGA) and staff disclosures of pecuniary interest under Section 459 of the LGA

A MOTION was MOVED by Councillors Fell and Hollywood:

1. That the Council notes the Special Disclosures of Pecuniary Interest made prior to this meeting by Councillors pursuant to section 451 of the Local Government Act 1993 (LGA) and tabled at this meeting, in relation to the Draft Blue Mountains Local Environmental Plan (DLEP 2013);

2. That the Council notes that staff of the Council who are “designated persons” for the purposes of Section 441 of the LGA have made prior to this meeting disclosures of pecuniary to the General Manager, pursuant to s459 of the LGA, in relation to the Draft DLEP 2013 and also notes that the General Manager has caused a special register of those disclosures to be prepared and has entered the staff disclosures of pecuniary interest in that register; and

3. That the Council notes the Disclosure of Pecuniary Interest made prior to this meeting by the General Manager pursuant to Section 459 of the LGA and resolves that the General Manager’s Disclosure should be entered in the special register of disclosures referred to in resolution 2.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti Myles Hollywood Van der Kley Begg McGregor

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MINUTE NO. 1192

2. 14/200906. Draft Local Environmental Plan (DLEP) 2013 - review of miscellaneous matters and matters deferred to the end of the review process

The meeting was addressed by: Edward Green, Ron Hanson

A MOTION was MOVED by Councillors Luchetti and Fell:

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1. That Council receives this report and the DLEP 2013 – Review of Miscellaneous Matters, comprising the Attachments to this report, which contains staff discussion, options and recommendations arising from the consideration of the public authority and public submissions to the exhibition of DLEP 2013;

2. That the Council endorses the recommendations contained within the DLEP 2013

– Review of Miscellaneous Matters, comprising the Attachments to this report, as the basis for guiding changes to maps for DLEP 2013;

3. That this extraordinary meeting of the Council be adjourned, pending the

conclusion of the meeting of the Council as a Committee-of-the-Whole, to convene forthwith upon the adjournment of this meeting, for the purpose of considering the matters referred to in resolution 2 (in relation to DLEP 2013); and

4. That this adjourned meeting of the Council resume following the conclusion of the

meeting of the Council as Committee-of-the-Whole, referred to in resolution 3, and that the Council upon the resumption of the adjourned meeting receive any report from the Committee-of-the-Whole and thereafter take such action in response to that report as the Council then determines.


For Against


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MINUTE NO. 1193

Procedural - Procedural Motion

A MOTION was MOVED by Councillors Hollywood and Luchetti: That the Council establishes the rules of the Committee of the Whole for the Meeting of 23 October 2014, being: • That the Committee of the Whole allows public speakers to address the Committee

of the Whole; • That public speakers will be limited to 3 minutes per presentation, with 3 speakers

for the recommendation and 3 against the recommendation as per the Council Code of Meeting Practice;

• That the Mayor will have the discretion to extend speakers time and that the Councillors may request an extension through the Mayor;

• That the Committee of the Whole will be Chaired by the Mayor, Councillor Greenhill;

• That the Mayor shall be permitted to enter the debate within the Committee of the Whole; and

• That the Councillors, through the Mayor, may request an adjournment at any time

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during the Committee of the Whole. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1194


A MOTION was MOVED by Councillors Myles and Hollywood: That the Council enter into the Committee of the Whole to address the Committee of the Whole agenda as identified as exceptions to Item 2. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1195

A1 Background Studies to DLEP 2013

The meeting was addressed by: Angela Lougheed, Bill McCabe A MOTION was MOVED by Councillors Luchetti and Van der Kley: M.Studies.1 That the Strategic Tourism and Recreation Planning Study’ be reviewed

in relation to the use of Special Purpose – Tourist zone for specific sites within the Blue Mountains, as part of the preparation of a future revision of Council’s principal planning instrument.


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For Against


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MINUTE NO. 1196


A MOTION was MOVED by Councillors Luchetti and Fell: M.Studies.2 That an Options Paper on the review of the Strategic Tourism and

Recreation Planning Study be presented to Council in April 2015. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1197


A MOTION was MOVED by Councillors Luchetti and Fell: M.Studies.3 That the Residential Development Strategy be reviewed to investigate

additional higher density residential development opportunities, in collaboration with the community, as part of the preparation of a future revision of Council’s principal planning instrument and in line with Sub-regional planning priorities established by the Department of Planning and Environment.


For Against

Councillors Greenhill Councillors

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MINUTE NO. 1198


A MOTION was MOVED by Councillors Luchetti and Fell: M.Studies.4 That a Council Report on the options for reviewing the Residential

Development Strategy be presented to Council in June 2015. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1199

A2 Part 1: Preliminary Clause 1.2 Aims of Plan The meeting was addressed by: Carolyn Williams A MOTION was MOVED by Councillors Hollywood and Fell: 1.2.3 That Clause 1.2 (Aims of Plan) be retained as amended with one [or more] of

the following options: (a) Add objective 1.2(2)(d) to read ‘… To ensure that development does not

lead to adverse impacts on the values of the Greater Blue Mountains World Heritage Area”, with consequential renumbering of other aims.


For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti

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Myles Hollywood Van der Kley Begg McGregor

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MINUTE NO. 1200

A3 Part 2: Permitted or Prohibited Development: R2 Low Density Residential zone A MOTION was MOVED by Councillors Luchetti and Fell: M.R2.1 That the Land Use Table in the R2 Low Density Residential zone include

‘information and education facilities’ as a land use permissible with consent.




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MINUTE NO. 1201

A4 Part 2: Permitted or Prohibited Development: R3 Medium Density Residential zone A MOTION was MOVED by Councillors Luchetti and Fell: M.R3.1 That the Land Use Table in the R3 Medium Density Residential zone

includes ‘office premises’ and ‘information and education facilities’ as land uses permitted with consent.


For Against


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MINUTE NO. 1202 A5 Part 2: Permitted or Prohibited Development: B7 Business Park zone A MOTION was MOVED by Councillors Luchetti and Fell: M.B7.1 That the proposed change from IN1 General Industrial to B7 Business

Park at the Blue Mountains Business Park in Lawson be formally endorsed.


For Against


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MINUTE NO. 1203

A5 Part 2: Permitted or Prohibited Development: B7 Business Park zone A MOTION was MOVED by Councillors Luchetti and Fell: M.B7.2 That the permitted uses in the B7 zone consist of mandated uses

(Standard Instrument), transferred uses from IN1 (DLEP 2013) and food and drink premises.


For Against


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MINUTE NO. 1204

A6 Part 2: Permitted or Prohibited Development: RE1 Public Recreation zone A MOTION was MOVED by Councillors Luchetti and Fell:

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M.RE1.1 That the Land Use Table in the RE1 Public Recreation zone be amended to include ‘information and education facilities’ as a land use permissible with consent.


For Against


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MINUTE NO. 1205

A7 Part 2: Permitted or Prohibited Development: RE2 Private Recreation Zone A MOTION was MOVED by Councillors Luchetti and Fell: M.RE2.1 That land use provisions for RE2 Private Recreation Zone be amended to

include Eco-tourist facility as permissible with consent. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1206

A8 Part 2: Permitted or Prohibited Development: SP1 Special Activities zone The meeting was addressed by: Ryan Hobson A MOTION was MOVED by Councillors Van der Kley and Begg: M.SP1.1 That the following approved ‘Places of Public Worship’ currently located

in the E4 Environmental Living zone and the R6 Residential Character Conservation be rezoned to SP1 Special Activities and the Land Use Zoning Map is amended accordingly with the use ‘Places of Public Worship’ annotated on the map.

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• 4 West St Wentworth Falls • 22 Denison Rd Leura • 85 Narrow Neck Rd Katoomba • 24 Hartley Esplanade Leura


For Against


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MINUTE NO. 1207

A9 Part 2: Permitted or Prohibited Development: SP2 Infrastructure A MOTION was MOVED by Councillors Luchetti and Fell: M.SP2.1 That the zoning of 115 Great Western Highway, Leura be amended to IN2

Light Industrial. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1208

A9 Part 2: Permitted or Prohibited Development: SP2 Infrastructure A MOTION was MOVED by Councillors Luchetti and Fell: M.SP2.2 That 690A Great Western Highway, Faulconbridge is to be shown on the

Land Application Map for DLEP2013 as a Deferred Matter in accordance with Clause 1.3 (Land to which this plan applies) of DLEP 2013.


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MINUTE NO. 1209

A10 Part 2: Permitted or Prohibited Development: E2 Environmental Conservation Zone A MOTION was MOVED by Councillors Luchetti and Fell: M.E2.1 That in line with the resolution of the Council of 17 September 2013, the

extent of the E2 zone be further verified and reviewed with the intention of making minor amendments to the coverage of the E2 Environmental Conservation zone on a private parcel where: coverage is 100% of the property or does not provide a suitable development space, or the E2 zone extends over part or all an existing dwelling, with such amendments to be completed as part of the submission of the final Planning Proposal.


For Against


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MINUTE NO. 1210

A11 Part 2: Permitted or Prohibited Development: E3 Environmental Management zone A MOTION was MOVED by Councillors Luchetti and Fell: E3.1 That the E3 – Environmental Management zone objectives are retained as

exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

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MINUTE NO. 1211

A11 Part 2: Permitted or Prohibited Development: E3 Environmental Management zone The meeting was addressed by: Patricia Verhoeven A MOTION was MOVED by Councillors Van der Kley and Begg: E3.2 That the land uses permitted with consent in the E3 – Environmental

Management zone, are retained as exhibited, with following amendment: a) Include home business as permitted without consent b) Include hotel or motel accommodation as permitted with consent and

amend Clause 6.30 Rural and nature based tourism development to include hotel or motel accommodation under clause 6.30(3)

c) Include kiosk as permitted with consent and amend Clause 5.4(6) to permit kiosks up to 60m2.

d) Include Farm Stay Accommodation as permitted with consent. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1212

A12 Part 2: Permitted or Prohibited Development: Road zoning A MOTION was MOVED by Councillors Luchetti and Fell: M.Roads.1 That all road reserves, including those in North Katoomba, have a zone

applied, prior to submission of final maps to the Department of Planning and the Environment.

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For Against


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MINUTE NO. 1213

A12 Part 2: Permitted or Prohibited Development: Road zoning A MOTION was MOVED by Councillors Luchetti and Fell: M.Roads.2 That all road reserves, including those in North Katoomba, where the

road forms a boundary between two zones should have the higher land use zone applied, prior to submission of final maps to the Department of Planning and the Environment.


For Against


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MINUTE NO. 1214

A13 Part 3: Exempt & Complying Development: Clause 3.3 Environmentally Sensitive Lands The meeting was addressed by: Carolyn Williams A MOTION was MOVED by Councillors Hollywood and Van der Kley: 3.3.1 That the term ‘environmentally constrained land’ as defined in the

Dictionary to DLEP 2013 be renamed ‘environmentally sensitive land’. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

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* * * * * * * * * *

MINUTE NO. 1215

A13 Part 3: Exempt & Complying Development: Clause 3.3 Environmentally Sensitive Lands A MOTION was MOVED by Councillors Luchetti and Fell: 3.3.2 All references to ‘environmentally constrained land’ within DLEP 2013

are to be replaced by the new term ‘environmentally sensitive land’ Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1216

A14 Part 4: Subdivision Issues The meeting was addressed by: Carolyn Williams A MOTION was MOVED by Councillors Hollywood and Van der Kley: M.MLS.1 That the Lot Size map be amended to show privately-owned land within

Zone E2 Environmental Conservation as blank. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti Myles

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Hollywood Van der Kley Begg McGregor

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MINUTE NO. 1217

A14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.2 That the minimum lot size of land zoned R1 General Residential be

deferred subject to a subsequent LEP amendment to correctly identify the land on the Lot Size map with a minimum lot size of 720m2.


For Against


* * * * * * * * * *

MINUTE NO. 1218

A14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.3 That the minimum lot size of 59A Burns Road, Springwood be amended

on the Lot Size map to correctly identify the R2 zoned land on the Lot Size map with a minimum lot size of 720m2.


For Against


* * * * * * * * * *

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MINUTE NO. 1219 A14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.4 That the minimum lot size of 11, 15, 17 & 19 Clifton Avenue,

Faulconbridge be amended on the Lot Size map to correctly identify the existing No Subdivision land on the Lot Size map with a minimum lot size of 10ha.


For Against


* * * * * * * * * *

MINUTE NO. 1220

A14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.5 That the minimum lot size of 19-21 & 23-25 Fitzroy Street, Leura be

amended to be shown blank on the Lot Size map. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1221

14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell:

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M.MLS.6 That where the minimum lot size of split zoned lots is found to be incorrectly translated under DLEP 2013, that the Lot Size map be amended to correctly identify existing minimum lot size standard prior to the submission of final maps to the Department of Planning and Environment.


For Against


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MINUTE NO. 1222

14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.7 That the Lot Size Map of DLEP 2013 be amended to translate the

subdivision controls currently applying under Clause 34.13 of LEP 1991. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1223

14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.8 That Clause 4.1B(4) of DLEP 2013 be amended as follows:

“Consent may be granted to the subdivision of land to create lots that are less than the minimum size shown on the Lot Size Map if the subdivision relates to development for the purpose of an attached dual occupancy, detached dual occupancy or multi-dwelling housing, being development specified in the Table to subclause (2), or in subclause (3),

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but only if: Consent has been granted for that development, or the subdivision of land shall form part of the consent for that development, and Provision is made for each dwelling to be on a separate lot, and The lot size prior to subdivision is not less than the relevant lot size specified for that development in the Table to subclause (2).”


For Against


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MINUTE NO. 1224

14 Part 4: Subdivision Issues A MOTION was MOVED by Councillors Luchetti and Fell: M.MLS.9 That Clause 4.1A(2) of DLEP 2013 be amended to remove the reference

to Zones R1, R2, R3 and R6. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1225

A15 Part 2: Principal Development Standards: FSR A MOTION was MOVED by Councillors Luchetti and Fell: M.FSR.1 That the HOB and FSR mapping for the B2 zone in Katoomba and as

identified under cl 4.3 Height of Building and cl 4.4 Floor Space Ratio is retained as exhibited.

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For Against


* * * * * * * * * *

MINUTE NO. 1226

A15 Part 2: Principal Development Standards: FSR A MOTION was MOVED by Councillors Luchetti and Fell: M.FSR.2 That the title of cl 4.3A Flexibility in the height of buildings is amended

to include and floor space ratio. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1227

A15 Part 2: Principal Development Standards: FSR A MOTION was MOVED by Councillors Luchetti and Fell: M.FSR.3 That the bonus provisions for HOB and FSR from LEP 2005 precincts

VTC-KA01, VTC-KA03, VTC-KA05 are inserted in appropriate order before and following DLEP 2013 cl 4.3A(6).



Von Schulenburg Fell Luchetti

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* * * * * * * * * *

MINUTE NO. 1228

A16 Part 6: Additional Local Provisions A MOTION was MOVED by Councillors Luchetti and Fell: M.PA-EBA.1 That all lots located within the blue border in Figure 1 are to be shown

on the Land Application Map for DLEP 2013 as a Deferred Matter in accordance with Clause 1.3 (Land to which this plan applies) of DLEP 2013 with the purpose of applying Protected Area – Ecological Buffer Area.




* * * * * * * * * *

MINUTE NO. 1229

A16 Part 6: Additional Local Provisions A MOTION was MOVED by Councillors Luchetti and Fell: M.PA-ESC.1 That 6.12(4)(f) be amended to read “not protrude above adjacent

buildings.” Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

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MINUTE NO. 1230

A16 Part 6: Additional Local Provisions A MOTION was MOVED by Councillors Luchetti and Fell: M.PA-ESC.2 That the Height of Buildings Map be amended to show a Building Height

of 8m for the following sites. prior to submission of final maps to the Department of Planning and Environment: 3 Sir Henry Parade, Faulconbridge 1 Eastlea Gardens, Springwood.


For Against


* * * * * * * * * *

MINUTE NO. 1231

A17 Schedules A MOTION was MOVED by Councillors Luchetti and Fell: M.SCH5.1 That Part 3 Declared Aboriginal Places be included as a new part to

Schedule 5 of DLEP 2013. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1232

A17 Schedules A MOTION was MOVED by Councillors Luchetti and Fell:

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M.SCH5.2 That all Declared Aboriginal Places within the Blue Mountains Local Government Area be added to the Part 3 Declared Aboriginal Places of Schedule 5 of DLEP 2013.


For Against


* * * * * * * * * *

MINUTE NO. 1233

A17 Schedules A MOTION was MOVED by Councillors Luchetti and Fell: M.SCH5.3 That all Declared Aboriginal Places within the Blue Mountains Local

Government Area be added to the relevant Heritage Map in DLEP 2013 as an Aboriginal Place of Heritage Significance.


For Against


* * * * * * * * * *

MINUTE NO. 1234

A17 Schedules A MOTION was MOVED by Councillors Luchetti and Fell: M.SCH7.1 That part of St Columba’s, being that land identified as Springwood

Precinct RP-SP01- St Columba’s Elmhurst Precinct be shown on the Land Application Map for DLEP 2013 as a Deferred Matter in accordance with clause 1.3 (Land to which this plan applies) of DLEP 2013 with the purpose of reviewing the inclusion of the precinct in Schedule 1 Additional permitted uses.

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For Against


* * * * * * * * * *

MINUTE NO. 1235

A18 Site Specific Matters deferred to end of submission review process

The meeting was addressed by: Sarah Howes, Glenn Howes, Shannon Decker A MOTION was MOVED by Councillors McGregor and Fell: MV.MLS.3 That the E2 zoning and provisions for 104-116 Mount York Rd Mount

Victoria be retained as exhibited, except for a reduction of the E2 zoning over part of the eastern portion of the site that does not align with the verified scheduled vegetation.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Greenhill Councillors Luchetti Von Schulenburg Fell Myles Hollywood Van der Kley Begg McGregor

* * * * * * * * * *

MINUTE NO. 1236


A MOTION was MOVED by Councillors Luchetti and Fell: MISC.BHE4.1 That the south east section of 207-220 Station St, Blackheath be rezoned

from E4 Environmental Living (as exhibited) to E3 Environmental Management.


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* * * * * * * * * *

MINUTE NO. 1237


A MOTION was MOVED by Councillors Luchetti and Fell: M.KR3.1 That 225-237 Great Western Highway Katoomba (The Edge Cinema) be

rezoned from R3 Medium Density Residential (as exhibited) to R1 General Residential.


For Against


* * * * * * * * * *

MINUTE NO. 1238


A MOTION was MOVED by Councillors Luchetti and Fell: M.KR3.2 That the use Entertainment Facility is added the Land Use Table for the

R1 General Residential zone as a permitted with consent use. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti Myles Hollywood

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Van der Kley Begg McGregor

* * * * * * * * * *

MINUTE NO. 1239


A MOTION was MOVED by Councillors Luchetti and Fell: M.KRE2.1 That the zoning and provisions of 211 and 213 Cliff Drive, Katoomba be

retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1240


A MOTION was MOVED by Councillors Luchetti and Fell: M.KE2.1 That 111 Mort St, Katoomba be shown on the Land Application Map for

DLEP 2013 as a Deferred Matter in accordance with clause 1.3 (Land to which this plan applies) of DLEP 2013 with the purpose of reviewing the application of the E2 Environmental Conservation zone.


For Against


* * * * * * * * * *

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MINUTE NO. 1241


A MOTION was MOVED by Councillors Luchetti and Fell: M.LE2.1 That the E2 Environmental Conservation zoning and provisions for 41-47

Mount Hay Road, Leura be retracted from the eastern portion of the site to reflect the mapped scheduled vegetation.


For Against


* * * * * * * * * *

MINUTE NO. 1242


A MOTION was MOVED by Councillors Luchetti and Fell: M.WFE4.1 That the zoning and provisions of 160 Falls Rd, Wentworth Falls be

amended to alter the zoning to R6 Residential Character Conservation. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1243


A MOTION was MOVED by Councillors Luchetti and Fell: M.WFE4.2 That subject to MISC.WFE4.1, that 153 Falls Rd, Wentworth Falls and

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surrounding area be shown on the Land Application Map for DLEP 2013 as a Deferred Matter in accordance with clause 1.3 (Land to which this plan applies) of DLEP 2013 with the purpose of reviewing the application of the E4 Environmental Conservation zone.


For Against


* * * * * * * * * *

MINUTE NO. 1244


A MOTION was MOVED by Councillors Luchetti and Fell: M.WFR3.1 That the R2 Low Density Residential zoning and provisions for 293 Great

Western Highway and 18 Mitchell St, Wentworth Falls be retained as exhibited.


For Against


* * * * * * * * * *

MINUTE NO. 1245


A MOTION was MOVED by Councillors Luchetti and Fell: M.WFR3.2 That the land use Car Park be included in Schedule 1 against 18 Mitchell

Street, Wentworth Falls and the use included on the Additional Permitted Uses Map (APU Map) for 18 Mitchell Street, Wentworth Falls.

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For Against


* * * * * * * * * *

MINUTE NO. 1246


A MOTION was MOVED by Councillors Luchetti and Fell: M.WFR3.3 That the R2 Low Density Residential zoning and provisions for 293, 295-

297 Great Western Highway, Wentworth Falls be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1247


A MOTION was MOVED by Councillors Luchetti and Fell: M.HE2.1 That 20 Hazel Ave, Hazelbrook be shown on the Land Application Map

for DLEP 2013 as a Deferred Matter in accordance with clause 1.3 (Land to which this plan applies) of DLEP 2013.


For Against

Councillors Greenhill Councillors Von Schulenburg Fell

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Luchetti Myles Hollywood Van der Kley Begg McGregor

* * * * * * * * * *

MINUTE NO. 1248


A MOTION was MOVED by Councillors Luchetti and Fell: M.HE3.1 That the zoning and provisions for 27 Heron Place, Hazelbrook be

amended to E3 Environmental Management across the entire site. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 1249


A MOTION was MOVED by Councillors Luchetti and Fell: M.WDE2.1 That the E2 Environmental Conservation zoning for 129-179 Bedford

Road, Woodford be retracted to reflect the verified mapped scheduled vegetation and steep slopes on the site.


For Against


* * * * * * * * * *

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MINUTE NO. 1250


The meeting was addressed by: George Nassif, Richard Starr A MOTION was MOVED by Councillors Van der Kley and Hollywood: M.WDE4.1 That the E4 Environmental Living zoning for 20-26 Woodford Avenue,

Woodford be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1251


The meeting was addressed by: Robert Hart A MOTION was MOVED by Councillors Luchetti and Myles: M.YR.E2 That the E2 Environmental Conservation zoning for 73-95 Yellow Rock

Road, Yellow Rock be amended to reflect the current extent of Environmental Protection Mapping under LEP 1991. The remainder of the site will be E3 Environmental Management.


For Against


* * * * * * * * * *

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MINUTE NO. 1252


The meeting was addressed by: Robert Hart A MOTION was MOVED by Councillors Myles and Fell: M.YR.VCA.1 That the Protected Area – Vegetation Constraint Area map for 73-95

Yellow Rock Road, Yellow Rock be amended to reflect the extent of unverified scheduled vegetation outside the E2 Environmental Conservation zone.


For Against


* * * * * * * * * *

MINUTE NO. 1253


The meeting was addressed by: Robert Hart A MOTION was MOVED by Councillors Fell and Luchetti: M.YR.SCA.1 That the Protected Area – Slope Constraint Area map for 73-95 Yellow

Rock Road, Yellow Rock be amended to reflect the extent of slopes greater than 20% outside the E2 Environmental Conservation zone.


For Against


* * * * * * * * * *

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MINUTE NO. 1254


The meeting was addressed by: Robert Hart A MOTION was MOVED by Councillors Luchetti and Fell: M.YR.MLS.2 That the MLS for 73-95 Yellow Rock Road, Yellow Rock be retained as

exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1255


A MOTION was MOVED by Councillors Luchetti and Fell: M.YR.VCA.1 That the Protected Area – Vegetation Constraint Area mapping for 238B,

238C and 240-248 Singles Ridge Road, Yellow Rock and immediately adjoining properties be amended to reflect the absence of scheduled vegetation on the property.


For Against


* * * * * * * * * *

MINUTE NO. 1256


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A MOTION was MOVED by Councillors Luchetti and Myles: M.BXE2.1 That the configuration of the E2 Environmental Conservation zone and

E4 Environmental Living zone is amended to reflect the previous development approval from the Land and Environment Court (Blaxland Park v Blue Mountains City Council 2004) with consequential amendment to the Biodiversity Natural Resources Map, Land Natural Resources Map and the Riparian Lands and Watercourses Map.


For Against Councillors Fell Councillors Greenhill

Luchetti Von Schulenburg Myles Hollywood Van der Kley Begg McGregor

* * * * * * * * * *

MINUTE NO. 1257


The meeting was addressed by: Vince Hardy A MOTION was MOVED by Councillors Van der Kley and McGregor: G.E2.12 That the E2 Environmental Conservation zoning and provisions for 4

Turella St Glenbrook be amended to reflect the area of remaining scheduled vegetation.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against Councillors Greenhill Councillors Luchetti

Von Schulenburg Begg Fell Myles Hollywood Van der Kley McGregor

* * * * * * * * * *

MINUTE NO. 1258


A MOTION was MOVED by Councillors Luchetti and Fell: LN.R2.6 That the zoning and provisions for 9-15 Waratah Street, Lawson be

amended to remove E2 Environmental Conservation on the north eastern part of the site and for R2 Low Density Residential to apply in its place.


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For Against


* * * * * * * * * *

MINUTE NO. 1259


A MOTION was MOVED by Councillors Luchetti and Fell: LN.E2.10 That the zoning and provisions for 9-15 Waratah Street, Lawson be

amended to remove E2 Environmental Conservation on the north eastern part of the site and for R2 Low Density Residential to apply in its place.


For Against


* * * * * * * * * *

MINUTE NO. 1260


A MOTION was MOVED by Councillors Luchetti and Fell: LN.E2.11 That the extent of Lawson Creek on 44 Wilson Street, Lawson be

amended to reflect the extent of the creek on the topographic map for this area.


For Against


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* * * * * * * * * *

MINUTE NO. 1261


A MOTION was MOVED by Councillors Luchetti and Fell: LN.PA-SCA.2 That the Protected Area – Slope Constraint Area map for 9-15 Waratah

Street, Lawson be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1262


A MOTION was MOVED by Councillors Luchetti and Fell: LN.PA-RPN.3 That the Protected Area – Riparian Land Map be lifted from the following

properties: 9-15 Waratah Street, Lawson; 5 Waratah Street, Lawson; 8 Waratah Street, Lawson; 11 Benang Street, Lawson; 15 Benang Street, Lawson; and 29-41 Honour Avenue, Lawson.


For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti Myles Hollywood Van der Kley

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Begg McGregor

* * * * * * * * * *

MINUTE NO. 1263

A19 Public Authorities A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.1 That the Lot Size Map for rural zoned lands in the drinking water

catchments to the west of Darling Causeway and in the Megalong Valley be retained as exhibited, except as previously amended by Council resolutions.


For Against


* * * * * * * * * *

MINUTE NO. 1264

A19 Public Authorities A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.2 That the Lot Size Map for RU2 zoned lands in the drinking water

catchment to the west of the Shipley Plateau be retained as exhibited, except as previously amended by Council resolutions.


For Against


* * * * * * * * * *

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MINUTE NO. 1265

A19 Public Authorities A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.3 That Clause 6.7 Protected Area – Riparian lands and watercourses be

retained as exhibited except as previously amended by Council resolution.


For Against


* * * * * * * * * *

MINUTE NO. 1266

A19 Public Authorities A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.4 That “Lake Woodford”, item LD006 Schedule 5 DLEP 2013 be amended

to “Woodford Dam”. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1267

A19 Public Authorities

A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.5 That further historical research and investigation of Medlow Dam be

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assessed as part of Council’s Heritage Review, and not form part of the finalisation of DLEP 2013.


For Against


* * * * * * * * * *

MINUTE NO. 1268


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.6 That the zoning and provisions for Lot 1 DP 224094 No. 1-3 Willow Park

Avenue Leura be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1269


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.7 That the zoning for Part Lot A DP 338486, No. 133 Great Western

Highway Mt Victoria be amended to E4 Environmental Living and that the provisions be retained as exhibited.


For Against


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* * * * * * * * * *

MINUTE NO. 1270


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.8 That the zone and provisions for Lot 2 DP 2455, No. 20 Chatsworth Road

Mt Victoria be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 1271


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.9 That the zone and provisions for Lots 23-29 S9 DP 12440, No.1-31

Bettington Road Blackheath be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

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MINUTE NO. 1272


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.10 That the zone and provisions for Lots 23-29 S9 DP 12440, No. 1-31

Bettington Road Blackheath be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1273


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.11 That the zone and provisions for Lot 161 DP 16440, No. 65 Bettington

Road Blackheath be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1274


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.12 That the zone and provisions for Lots 8 & 9 S 3 DP 1244 No. 1-31

Bettington Road Blackheath be retained as exhibited.

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For Against


* * * * * * * * * *

MINUTE NO. 1275


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.13 That the zone and provisions for Lot 1 DP 119966, No. 28 Delmonte

Avenue Medlow Bath be retained as exhibited. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1276


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.14 That clause 4.3 (Height of Buildings) with the heights of buildings be

retained except as amended by a prior resolution of the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti

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* * * * * * * * * *

MINUTE NO. 1277


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.15 That clause 4.4 (floor Space Ratio) with be retained as exhibited except

as amended at a site specific level. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1278


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.16 That the extent and application of the E1 National Parks and Nature

Reserves zone adjoining the boundary with Penrith City Council be retained as exhibited except as amended by prior Council resolution.


For Against


* * * * * * * * * *

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MINUTE NO. 1279


A MOTION was MOVED by Councillors Luchetti and Fell: M.PA.17 That the extent and application of the E2 Environmental Management

zone adjoining the boundary with Penrith City Council be retained as exhibited except as amended by prior Council resolution.


For Against


* * * * * * * * * *

MINUTE NO. 1280


A MOTION was MOVED by Councillors Luchetti and Fell: MPA.18 That Council note that DLEP 2013 mapping will be amended as

necessary to comply with the requirements of the Department of Planning and Environment prior to resubmission for finalisation of the plan.


For Against


* * * * * * * * * *

MINUTE NO. 1281


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A MOTION was MOVED by Councillors Luchetti and Fell: M.E1.2.1 That the Council note that the final DLEP 2013 maps include the most

current data from the Office of Environment and Heritage. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1282

A20 General Comments A MOTION was MOVED by Councillors Luchetti and Fell: M.GC.1 That the general comments are noted. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 1283

A21 Comments not related to DLEP A MOTION was MOVED by Councillors Luchetti and Fell: M.NDLEP.1 That the non DLEP 2013 comments are noted. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Von Schulenburg

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Fell Luchetti Myles Hollywood Van der Kley Begg McGregor

* * * * * * * * * *

MINUTE NO. 1284

A22 Changes to the Written Instrument A MOTION was MOVED by Councillors Luchetti and Fell: M.DLEP2013.1 That delegation be granted to the General Manager to correct any

typographical errors identified in the written instrument prior to the finalisation of the planning proposal, but only where consistent with the planning intention.


For Against


* * * * * * * * * *

MINUTE NO. 1285

A22 Changes to the Written Instrument A MOTION was MOVED by Councillors Luchetti and Fell: M.4.1F.1 That clause 4.1 (F) Cluster Housing within certain environmental

protection zones (5) (b) is amended as follows: 4.1F (5) (b) the implementation of management measures to be approved by the consent authority, to create and maintain fire protection zones, and to protect and enhance the values of environmentally sensitive land and any other natural areas within the development site.


For Against

Councillors Greenhill Councillors Von Schulenburg Fell

of 59


Luchetti Myles Hollywood Van der Kley Begg McGregor

* * * * * * * * * *

MINUTE NO. 1286

A22 Changes to the Written Instrument A MOTION was MOVED by Councillors Luchetti and Fell: M4.1H.1 That clause 4.1H Flexibility for neighbourhood or strata

subdivision and realignment of boundaries (3) is amended as follows: 4.1H (3) Consent may be granted to the subdivision of land to create a lot of a size that is less than the minimum size shown on the Lot Size Map if the subdivision is for the purpose of a realignment of boundaries that does not create additional lots.


For Against


* * * * * * * * * *

MINUTE NO. 1287

A22 Changes to the Written Instrument

A MOTION was MOVED by Councillors Luchetti and Fell: M.4.4A.1 That clause 4.4A Site coverage is amended as follows:

4.1 (2) If any allotment is wholly or partly within Zone R6 Residential Character Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living and if the land so zoned has an area of less than 1,000 square metres, the maximum site cover for buildings, including buildings ancillary to the main building (but excluding water tanks, unenclosed areas of spaced decking and swimming pools), is 30 per cent or 160 square metres, whichever is greater. (3) If any allotment is wholly or partly within Zone R6 Residential Character Conservation, Zone E3 Environmental Management or Zone E4 Environmental

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Living and if the land so zoned has an area of 1,000 square metres or more but less than 2,000 square metres, the maximum site cover for buildings, including buildings ancillary to the main building (but excluding water tanks, unenclosed areas of spaced decking and swimming pools), is:

(a) 300square metres, and (b) an additional amount equivalent to 10 per cent of

the amount by which the site area exceeds 1,000 square metres, but not exceeding 100 square metres. (4) If any allotment is wholly or partly within Zone R6 Residential Character Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living and if the land so zoned has an area of 2,000 square metres or more, the maximum site cover for buildings, including buildings ancillary to the main building (but excluding water tanks, unenclosed areas of spaced decking and swimming pools), is: (a) 400 square metres, and (b) an additional amount equivalent to 5 per cent of the amount by which the site area exceeds 2,000 square metres up to a maximum total building site cover of 2,500 square metres.


For Against


* * * * * * * * * *

MINUTE NO. 1288


A MOTION was MOVED by Councillors Luchetti and Fell: M.4.4B.1 That clause 4.4B Setback for development in Zone R6 Residential

Character Conservation zone (4) is amended as follows: (4) The front wall of a new building is to be set back from the primary front boundary a distance that:

(a) allows for established gardens to be retained, and (b) is a minimum of 20 per cent of the average setback of

buildings on immediately adjoining allotments in established areas or, where there are no buildings on these allotments, a minimum of 10 metres from the primary road frontage.

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For Against


* * * * * * * * * *

MINUTE NO. 1289


A MOTION was MOVED by Councillors Luchetti and Fell: M.5.9.1 That clause 5.9 Preservation of trees and vegetation (9) is

amended as follows: (9) Subclause (8) (a) (ii) does not apply in relation to land in Zone E2 Environmental Conservation, E3 Environmental Management or E4 Environmental Living.


For Against


* * * * * * * * * *

MINUTE NO. 1290


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.1.1 That clause heading 6.1 Impact on environmentally constrained

land is amended as follows: 6.1 Impact on environmentally sensitive land. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

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* * * * * * * * * *

MINUTE NO. 1291


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.1.2 That clause 6.1 Impact on environmentally sensitive land (4) is

amended as follows: (4) Development on lots created within Zone E3

Environmental Management and Zone E4 Environmental Living

Where a lot is created by the subdivision of land within Zone E3 Environmental Management or E4 Environmental Living 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 environmentally sensitive land, unless the consent authority is satisfied that the development, including any required asset protection zones, will have no adverse environmental impact on the environmentally sensitive land concerned.


For Against


* * * * * * * * * *

MINUTE NO. 1292


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.3.1 That clause 6.3 Protected Area-Slope Constraint Area (3) is

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amended as follows: (3) Consent shall not be granted to development on any land

to which this clause applies that has contiguous areas of slope greater than 20 per cent unless the consent authority is satisfied that the development complies with the objectives and other provisions within this clause.


For Against


* * * * * * * * * *

MINUTE NO. 1293


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.5.1 That clause 6.5 Protected Area-Vegetation Constraint Area (3) is

amended as follows: (3) Consent shall not be granted to development on any land

to which this clause applies that has contiguous areas of slope greater than 20 per cent unless the consent authority is satisfied that the development complies with the objectives and other provisions within this clause.


For Against


* * * * * * * * * *

MINUTE NO. 1294



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M.6.5.2 That clause 6.5 Protected Area-Vegetation Constraint Area (4) (a) is amended as follows: (4) (a) incorporate effective measures to comply with clause 6.1 (Impact on environmentally sensitive land) as it relates to the protection of a significant vegetation community.


For Against


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MINUTE NO. 1295


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.6.1 That clause 6.6 Protected Area-Ecological Buffer Area (3) is

amended as follows: (3) Consent shall not be granted to development on any land to which this clause applies that has contiguous areas of slope greater than 20 per cent unless the consent authority is satisfied that the development complies with the objectives and other provisions within this clause.


For Against


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MINUTE NO. 1296



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M.6.12.1 That clause 6.12 Protected area- Escarpment (4) (f) is amended as follows: (4) (f) not protrude above adjacent buildings.


For Against


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MINUTE NO. 1297


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.15.1 That clause 6.15 Bush rock removal is amended as follows:

The objective of this clause is to protect bush rock during the development process. This clause applies to land containing bushrock, which is a natural deposit of rock and includes loose rocks on rock surfaces or on the soil surface or that may have been removed from rock outcrops. Consent shall not be granted to development requiring the removal of bush rock unless the consent authority is satisfied that: (a) the removal of bush rock is a necessary part of carrying

out the development on a site, and (b) there is no viable option available, after consideration of

the suitability and type of proposed development and the physical characteristics of the site and adjoining land, to retain the bush rock on the site.

(4) When considering the retention of bush rock on a site, the consent authority shall consider the priority for retention to be as follows:

(a) bush rock that is known or likely to be habitat for any species, population or ecological community listed under the Threatened Species Conservation Act 1995,

(b) bush rock that is within a wildlife corridor or is habitat for any native fauna,

(c) bush rock salvaged from excavation works carried out as part of a development for which consent has been granted for landscape works,

(d) bush rock that will contribute to the streetscape character of the locality.

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For Against


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MINUTE NO. 1298


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.19.1 That clause 6.19 Period Housing Area (1) (a) is amended as

follows: (1) (a) retaining and conserving the traditional streetscape and

character of older residential areas incorporating Victorian, Edwardian, Federation, Inter-War or Art Deco building styles that are an important contributor to the town character of the Blue Mountains.


For Against


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MINUTE NO. 1299


A MOTION was MOVED by Councillors Luchetti and Fell: M.6.24.1 That clause 6.24 Essential Services (1) (a) is amended as follows:

(7) A Geotechnical and water balance report prepared for the purposes of this clause must consider and assess the following: (a) The proposed waste water system, and (b) Site selection criteria, and

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(c) The capability of the development site to provide for the disposal of wastewater.


For Against


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MINUTE NO. 1300


A MOTION was MOVED by Councillors Van der Kley and Fell: 1. That the Committee of the Whole put the recommendations to the Council; and 2. That the Committee of the Whole Council move into the Extraordinary Meeting of

the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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MINUTE NO. 1301


A MOTION was MOVED by Councillors Fell and Hollywood: 1. That the Council receives the report of the Committee of the Whole; and 2. That the Council adopts the recommendations made in the report of the Committee

of the Whole. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

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For Against


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MINUTE NO. 1302

Procedural – Question that Meeting Close

A MOTION was MOVED by Councillors Van der Kley and Hollywood:

That as there was no further business before the Ordinary Meeting of Thursday, 23 October 2014, the meeting closed at 8:55pm. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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I confirm that these minutes, consisting of this page 113 and the previous 112 pages, were confirmed at the Ordinary Meeting of the Council on 11 November 2014

Chairman: Mayor Mark Greenhill……………………………………………… Date……………

blue mountains city council minutes of …...oct 23, 2014 · blue mountains city council minutes...

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