An extract from the introductory letter to the BMCS submission
to the BMCC regarding DLEP
Implementation of DLEP 2002
We urge council
to proceed rapidly with the adoption of the LEP. The basic principles
identified by the community in the Commission of Inquiry have been
well addressed by both the Commissioner and this DLEP.
Although we raise a few points in our submission, under no circumstances
should these delay its adoption. We do not believe there is a need
for a further public hearing because of the points raised by BMCS
There may be some details that need to be rectified,
however the general direction of the plan has been guided by numerous
submissions and public meetings since the beginning of the EMP1
process. There should be a full review within 2 years (i.e. by December
Outline of this Submission
This submission identifies issues that we believe must
be addressed, if the Plan is to be faithfully implemented. All our
suggestions look for greater prescriptiveness where possible.
Our desire for greater prescriptiveness derives from
our experience and knowledge of numerous development applications
over many years since the Society's inception in 1961 We have developed
a good understanding of how Environmental Planning Instruments work.
We are also conscious of the fact that any aspect of the Plan that
is open to a merit assessment is NOT open to appeal by the community.
Consequently, the only
possible result of an appeal against the officer's interpretation
will be a reduction in environmental protection. An appeal to increase
environmental protection cannot happen, because the applicant is
the only person with merit appeal rights under the EP&A Act.
The only exceptions to this rule are designated developments,
and designated developments are extremely rare in the Blue Mountains.
It would be safe to claim that the damage to the National Park has
been caused almost entirely by local and advertised developments,
which are primarily residential.
Contents of Submission
The Written Instrument
II The Zoning Maps
III The Better Living DCP
Sections I is included
here except for comments on Schedule 6. Sections II & III will
be delivered to Council by Monday 23rd December, with
Section 1, schedule 6.
Land Use Officer