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 or others.

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 2004)

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

  1. 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.

Yours sincerely

Lyndal Sullivan

Land Use Officer