The tussle over council's draft local environment plan continues, with the Planning Department assuring residents the World Heritage area will be protected but councillors vowing to seek federal government support to have that embedded in the LEP.
Councillors voted at their meeting last week to contact the federal environment minister, Greg Hunt, to draw his attention to the potential impact of changes to the plan.
The chairman of the world heritage area advisory committee, Professor Richard Mackay, expressed concern that actions on land surrounding the area, such as runoff, "should not impact detrimentally on the outstanding universal value which underpins the [World Heritage area]."
Further, in a reply letter to Blue Mountains mayor Mark Greenhill, who sought advice on the matter, Professor Mackay said the advisory committee "recommends that the potential impact of the changes to the DLEP should be drawn to the attention of the Commonwealth minister".
Last week the Gazette reported concerns by shadow planning minister Penny Sharpe and Blue Mountains MP Trish Doyle that the department would veto some of the clauses in the LEP which take into account some of the unique features of the Mountains.
These concerns stemmed from a May 15 meeting between council staff and the department's legal branch, which left council with the impression that previous support for the provisions had been withdrawn.
The Gazette asked both the department and minister if they still supported the provisions.
The department said: "The Blue Mountains World Heritage sites are protected by the Environment Protection and Biodiversity Conservation Act 1999. The new LEP will be consistent with this legislation."
But the mayor, Mark Greenhill, is worried this is not enough. He said the previous LEP went further than the legislation, providing better safeguards.
And the deputy secretary of planning services with the department, Marcus Ray, has written to the Gazette, criticising the June 24 report.
It concludes: "Contrary to the article, the department is continuing to work with the council to find the best way to include the special provisions it has requested and no implication otherwise was ever made." (See letters, page 14).
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Mr Greenhill described the department's letter as "spin".
"The legislation is the minimum. Our LEP goes beyond [the Act] and provides greater protection."
He was worried the letter did not mention preserving character housing or all the conservation protections of the draft LEP.
"There is no repudiation of what the legal branch of the department said to council staff - namely, that the department would not be recommending our traditional and exhibited protections.
"This latest issuance is spin."
Planning staff are due to meet with council on Friday to discuss the LEP.
