blacktown local environmental plan 2015 land reservation acquisition map

In this sense, properly viewed, I am satisfied that the Precinct Plan is of a far more restricted and specific compass than the conflicting provision in the Affordable Rental Housing SEPP. ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG $*I 9Sz'qBYYH ?DvU0^dn7]Lk|#>-V "lq&q,w1V%mE0cF'OXa3 ".x2n0RLV4Q The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. Qualifying Acquisition has the meaning specified in Section 5.03. The minimum lot size requirement of clause 4.1AC was therefore applicable and the Council was obliged, absent a clause 4.6 variation request, to refuse consent to the proposed development on that ground. 5 Jun. stream %PDF-1.4 % There is a very strong presumption that a legislative authority does not intend to contradict itself. Schedule 1 sets out additional permitted uses for particular land. The term may include (but is not limited to) places that are declared under section 84 of the. Land Reservation Acquisition Map. The following local road connections are proposed as part of this Planning Proposal: o Main Street to Marcell Crescent and Panorama Parade o Hereward Highway to Bungarribee Road. efy_%5HX4WB,&hcAywh& XViMMJ"JC&!T{"SaQnj/7jL,R*J PP On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 0000046676 00000 n See clause 5.4 for controls relating to the floor area used for a home business. A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). acts as a barrier to approving the Companys development proposal for the site. Appendix 4 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006(Growth Centres SEPP) relevantly states (with emphasis added): 4.1ACMinimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, (1)This clause applies to land in the following zones. %PDF-1.5 % See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. 0000001013 00000 n Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. hb``e``va```. Planning Proposal to amend Blacktown Local Environmental Plan 2015 as it applies to the Blacktown Health and Education Precinct, located between Blacktown CBD and Blacktown Hospital. Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. Q!j!` Q UPG went on to appeal against the decision of the Land and Environment Court. The reserved land . The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. Esri ArcMap 10.3.1.4959 eY trailer endstream endobj 1 0 obj <> endobj 2 0 obj <>stream Map Types Map Sheet ID number Date of . The maps are supplied by the Department of Planning and Environment (DPE) - any enquiries about the content with in the maps should be directed to the department. Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time. 0000001657 00000 n Justice Moore made orders which allowed UPG to approach the Land and Environment Court by 13 December 2019 and provide a clause 4.6 variation request to the minimum lot size standard (click here for more on clause 4.6 requests). Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 0000114746 00000 n Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. Map Types Map Sheet ID number Date . Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . "Aboriginal object" means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales . hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. 0000123222 00000 n 0 <<0D821811699F9142935D0D2DA2A999D2>]/Prev 139192>> HS8R>$?A0' V]`sT_~;3k:>I_?Z'>#>\>syfngzW[#,q%n`1S"Y>G7# 2XGl%_?)5?^3 V._r8;gNPp9 s`GsLGOg$b"Y,W mtlQb{#),\@99K8vvYs'64p$E[L:p(g~N88Joj/"Y*bqvg|eg,#p`aKWElVr_qV}*^*1>ok+8"B~*_f$R`c!:Y3;G?g|re :B/UGg++O&($kKsRY_MMJgCmCY=ZTVqXt6lL~E8{P.0&g,V&^*c=]g{[el6;sxsT0PA-;>G166[s)Fwe4Pl6EnXoX}dX+Vr6s8Aek`vZ>[;\Y{HV"|fo}~/zEab_F;w65Ew\O+j1,Z\; Building identification signs are a type of. Council Chambers 62 Flushconnbe Road Blacktown NSW 2148 Telephone: (02) 9839 6000 Facsimile: (02) 9831-1961 DX 8117 Blacktown Email: council@blacktown.nsw.gov.au Website: www.blacktown.nsw.gov.au All correspondence to: The General Manager PO Box 63 Blacktown NSW 2148 PCU066821PCU066821 Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. 0000156572 00000 n <> An inventory of heritage items is also available at the office of the Council. O You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. 2020-03-09T13:28:29+11:00 Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. h.+ Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land. If the provisions were assumed to be inconsistent, Justice Moore was correct to conclude that clause 4.1AC of the Growth Centres SEPP was not impliedly repealed by clause 22 of the Affordable Housing SEPP, given that clause 4.1AC was inserted into the Growth Centres SEPP nearly five years after the commencement of the Affordable Housing SEPP. 0000052137 00000 n The amendments proposed to the Land Reservation Acquisition (LRA) Map are illustrated in Figure 9, Part 4. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. Pending the designation of the acquiring authority for the land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the, Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the, Heritage items (if any) are listed and described in Schedule 5. 0000024572 00000 n trailer Sign up to be notified each time we post an article, A consent authority must not refuse consent to development to which this Division applies on either of the following grounds, cl 4.1AC of the Precinct Plan was inserted by an amendment to the Growth Centres SEPP, made some nearly five years after the coming into effect of the Affordable Rental Housing SEPP. h2U0P,H.)*M. The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument. %PDF-1.5 Land reserved for acquisition Blacktown Local Environmental Plan 2015 makes provision for land included on the Land Reservation Acquisition Map to be acquired by a public authority. 0000292251 00000 n See clause 5.4 for controls relating to the gross floor area of a kiosk. @_eYWb/2Hl/t\qWob3930 JaL} SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! 0000000952 00000 n On 21 November 2019 the judgment was handed down by the Land and Environment Court. endobj 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. In this context, a proper understanding of timing makes it clear that the Precinct Plan provision is to be regarded as reflecting a later drafting intention than that of the earlier Affordable Rental Housing SEPP provision. In addition, Acting Justice Emmett observed that the terms lot size and site area as used in the Growth Centres SEPP and the Affordable Housing SEPP referred to distinct concepts, and since each dealt with different matters, in his view there was no inconsistency between the two planning requirements. vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . identifies where further detailed . blacktown local environmental plan 2015 land reservation acquisition mapwhat are leos attracted to physically. 0000059319 00000 n However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. 4 24 (ii) the site area is at least 450 square metres. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 0000035739 00000 n State Environmental Planning Policy (Sydney Region Growth . |Jh(EW)1H5hN.3%HsG(?R i\quNAcR5svA5P"N$tHXK +)Yr-8BFB n 5j:3}v1##CzH2JD]1OSdv:'ElyWqXl=Ki4\^7TyL.T >c\P)x Map Types Map Sheet ID number Date of Application Amending Instrument; BIO_002 : 0750_COM_BIO_002_020_20150122 (214 kb) 7 Jul 2015 to date: BIO_003 : 0750_COM_BIO_003_020_20150122 (596 kb) 0000000016 00000 n Map Types Map Sheet ID number Date of Application . This report seeks Council's resolution to amend the zoning of Gilgandra Reserve from R2 Low Density Residential to RE1 Public Recreation and to note the site on the Land Reservation Acquisition Map of Waverley Local Environmental Plan 2012 in order to ensure the land remains available to the local community as a local park. }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4 P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. On 10 August 2018, Universal Property Group (UPG) lodged a development application with Blacktown City Council (Council) for the construction of a secondary dwelling located within a principal dwelling at 17 Lennox Street, The Ponds. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> , 2 INTRODUCTION Blacktown City Council has received a request from Design + Planning on behalf of Defence Housing Australia (DHA) to amend Blacktown Local Environmental Plan 2015 (the Blacktown LEP) to facilitate an amendment to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (the Growth Centres SEPP) to rezone land in the vicinity of Veron Road and Aerodrome Drive . business acquisition report means a completed Form 51-102F4 Business Acquisition Report; Pre-Acquisition Reorganization has the meaning ascribed thereto in Section 5.2; Acquisition Debt means any Indebtedness incurred by the Borrower or any of its Subsidiaries for the purpose of financing, in whole or in part, a Material Acquisition and any related transactions or series of related transactions (including for the purpose of refinancing or replacing all or a portion of any pre-existing Indebtedness of the Borrower, any of its Subsidiaries or the person(s) or assets to be acquired); provided that (a) the release of the proceeds of such Indebtedness to the Borrower and/or its Subsidiaries is contingent upon the consummation of such Material Acquisition and, pending such release, such proceeds are held in escrow (and, if the definitive agreement (or, in the case of a tender offer or similar transaction, the definitive offer document) for such acquisition is terminated prior to the consummation of such Material Acquisition or if such Material Acquisition is otherwise not consummated by the date specified in the definitive documentation relating to such Indebtedness, such proceeds shall be promptly applied to satisfy and discharge all obligations of the Borrower and/or its Subsidiaries in respect of such Indebtedness) or (b) such Indebtedness contains a special mandatory redemption provision (or other similar provision) or otherwise permits such Indebtedness to be redeemed or prepaid if such Material Acquisition is not consummated by the date specified in the definitive documentation relating to such Indebtedness (and if the definitive agreement (or, in the case of a tender offer or similar transaction, the definitive offer document) for such Material Acquisition is terminated in accordance with its terms prior to the consummation of such Material Acquisition or such Material Acquisition is otherwise not consummated by the date specified in the definitive documentation relating to such Indebtedness, such Indebtedness is so redeemed or prepaid within 90 days of such termination or such specified date, as the case may be). A aHP $9Zf*e50I62M{T4nVLd1 @ '` The text and structure of the Affordable Housing SEPP did not support the conclusion that it sought to vary the Growth Centres SEPP. (1) Development to which this Division applies may be carried out with consent. 2. '|CQw!2@ALnXj{/1 See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. Sewage reticulation systems are a type of. The maps adopted by this Plan are to be made available on the NSW Planning Portal. The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. 4 24 Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 if no additional parking is to be provided on the site. 0000056433 00000 n 2. hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb Under section 3.28 of the EPA Act there is a general presumption in the EPA Act that State Environmmental Planning Policies prevail over local environmental plans, and the Growth Centres SEPP was based on the standard local environmental plan and operated as the local environmental plan over the land. 0000257820 00000 n Specialised retail premises are a type of, Take away food and drink premises are a type of, Vehicle sales or hire premises are a type of, Waste or resource transfer stations are a type of. SEPP_SRGC_NW_LRA_009_020_20210908 . Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. 2 Permitted without consent Environmental protection works; Flood mitigation works 27 0 obj <>stream Land Acquisition (Just Terms Compensation) Act 1991, Land Acquisition (Just Terms Compensation) Act 1991, Zone RE1 Public Recreation and marked "Local open space", Zone RE1 Public Recreation and marked "Regional open space", Zone SP2 Infrastructure and marked "Classified road", Zone SP2 Infrastructure and marked "Local drainage", Zone SP2 Infrastructure and marked "Local road", Zone SP2 Infrastructure and marked "Railway", The corporation constituted under We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 0000001012 00000 n 4. Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . Noting that 41 and 43 Hunter Street have only been included in the Planning Proposal for the purposes of identifying the 6m wide laneway land on the Land Reservation Acquisition Map and that no other changes will be made to the planning controls that apply to these two sites. (c) the general presumptions of the law as to when an Act prevails over another Act apply to when one kind of environmental planning instrument prevails over another environmental planning instrument of the same kind. A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care servicesee the. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners property rights and the common law still apply. 0000001614 00000 n The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. ;|kN~SENG_~+W=W J 0000001615 00000 n 0000292498 00000 n See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. The Affordable Rental Housing SEPP operates on a statewide basis. \FE D^ _PP land for the purposes of local open space - which is also proposed to be rezoned to RE1 Public Open Space - at 5, 9, 9a, and 11 Bryant Street and 1B Market Street. https://legislation.nsw.gov.au/view/pdf/asmade/epi-2021-294, Gateway Alteration - Letter to Council 17072020.pdf, Gateway Aleration - Letter to Council 24022020.pdf, Alteration of Gateway determination 2402020.pdf, Request for Gateway Extension - St Bartholomews PP.pdf, Alteration of Gateway determination 17072020.pdf, Detailed survey - Land Partners - 27 April 2018.pdf, Ecological Report - Ecological - June 2018.pdf, Geotech - Geotechnique Pty Ltd - 21 June 2018.pdf, Heritage Assessment - Navin Officer - June 2018.pdf, Stormwater Management - ARUP - 28 June 2018.pdf, Transport Impact - GTA Consultants - 22 June 2018.pdf, Utilities - onpointlocating - 23 April 2018.pdf, Utilities Strategy Report - ARUP - 28 June 2018.pdf, Contamination Report - Presna - May 2018.pdf, Local Development Performance Monitoring (LDPM), Blacktown LEP 2015 (Amendment 22) - St Bartholomew's Cemetery Expansion (0 dwellings, 66 jobs). %%EOF ht Council resisted UPGs application on the basis that the land was below the minimum lot size standard of 450 square metres set by clause 4.1AC of the Growth Centres SEPP. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the, Zone RE1 Public Recreation and marked Local open space, Zone RE1 Public Recreation and marked Regional open space, The corporation constituted under section 2.5 of the Act, Zone SP2 Infrastructure and marked Classified road, Zone SP2 Infrastructure and marked Local drainage, Zone SP2 Infrastructure and marked Local road, Zone SP2 Infrastructure and marked Railway, The corporation constituted under section 8 of the Act, Zone SP2 Infrastructure and marked Sydney Water drainage, Zone C1 National Parks and Nature Reserves and marked National Park, If land, other than land specified in the table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k -8'h08p34w|e:qd0-ep5s:<= yp1s9PPgZp"0>hdp0+4,U/0P/MmKM-MMR@1}fGE{{gg{GgyWM,KAh`,Nb)HiQ`; r]dA[PTQdWDl6x|70,Vc Ih 0d$:p` ,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N a proper understanding of timing makes it clear that the Precinct Plan provision is to be regarded as reflecting a later drafting intention than that of the earlier Affordable Rental Housing SEPP provision. 0000001656 00000 n Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). In the Court of Appeal, UPG submitted that if there was any inconsistency between the Affordable Housing SEPP and the Growth Centres SEPP, then the Affordable Housing SEPP prevailed. 0000314287 00000 n <]/Prev 343272>> 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\ ! If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or, State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies. p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! 1600 0 obj <>stream The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water. Map Types . Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto. A reference to an Environment Protection zone E1, E2, E3 or E4 within a Land Zoning Map should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. endstream endobj 50 0 obj <>stream 48 0 obj <>stream 1.2 Aims of Plan. 0 The preferred view was that the Affordable Housing SEPP was to prevail. (3) The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established as determined in accordance with clause 4.1AB, 4.1AE or 4.1AG. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. 3 0 obj The existing zoning allows for: Eastern: East Glenfield is zoned a combination of: 2(b) Residential B 3(c) Neighbourhood Business 6(a) Local Open Space 5(a) Special Uses A (School, Parking) 1(a) Rural A . % An implied intention that theAffordable Housing SEPP varied the Growth Centres SEPP requirements as to minimum lot size should not be found in circumstances where there is no actual contradiction between the two instruments. The majority (Justice Basten and Justice Gleeson) held that: 1. 0000314034 00000 n 2020-03-04T10:38:02+11:00

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