(1) This Plan aims to make local environmental planning provisions for land in Blacktown in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act. The following land acquisitions are . h.+ 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). 8. The combination of these two factors weighs overwhelmingly in favour of cl4.1AC of the Precinct Plan displacing the contradictory provision in the Affordable Rental Housing SEPP. )JM /0 z S hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 Map 3.12 Survey Plan Map - Boundary Adjustment . Heritage conservation areas (if any) are shown on the. Map Types Map Sheet ID number Date . 0350_COM_LZN_001_020_20150717 (874 kb) 22 Jan 2016 to date: Bankstown Local Environmental Plan 2015 (Amendment No 3) LZN_001 : 0350_COM_LZN_001_020_20150211 (833 kb) 5 Mar 2015 to 21 Jan 2016: LZN_002 . ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. On 9 June 2020 the Court of Appeal dismissed the appeal. Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry. endobj endobj UPG submitted that clause 22(4)(a) of the Affordable Housing SEPP prevented the Council refusing consent to the proposed secondary dwelling on the basis of site area. Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. @_eYWb/2Hl/t\qWob3930 JaL} BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - DICTIONARY (Clause 1.4) Note : The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. u 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. 0000001580 00000 n Business identification signs are a type of, The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the, An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the, Centre-based child care facilities are a type of, Dual occupancies (attached) are a type of, Dual occupancies (detached) are a type of. See clause 5.4 for controls relating to the floor area used for a home business. Under Blacktown Local Environmental Plan 2015, the land is zoned: Zone SP2 Infrastructure Below is an extract from the principal Environmental Planning Instrument, outlining the types of development that may or may not be carried out in the above zone. Agricultural produce industries are a type of. 0000046676 00000 n Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. Justice Moore accepted that there was a conflict between the two clauses and stated (with emphasis added): Whilst it is correct that the Growth Centres SEPP is an earlier environmental planning instrument than the Affordable Rental Housing SEPP, that simplistic proposition does not have regard to the fact that the specific provision imposing the limitation in 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. 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. OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. Use full site 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. You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. (b)Zone R3 Medium Density Residential. 1395w-3a. The authority of the State that will be the relevant authority to acquire land to which this clause applies, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). 0000000953 00000 n 9. The planning proposal seeks to amend Blacktown Local Environmental Plan 2015 to expand the St Bartholomew Cemetery in Prospect by rezoning land to the east of the cemetery, from RE1 - Public Recreation, RU4 - Primary Production Small Lots to SP1 - Cemetery and reclassify part of the subject land from 'community land' to 'operational land' and make corresponding changes to the Land Reservation . 0000001656 00000 n Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. Click here to view Blacktown Local Environmental Plan 2015. 0000046292 00000 n This conclusion is, in my view, irresistible. <> %PDF-1.5 SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! Artisan food and drink industries are a type of, Backpackers accommodation is a type of. See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. UPG went on to appeal against the decision of the Land and Environment Court. Map Types . 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. Posted by ; 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 A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). The Court of Appeal Supreme Court of NSW. 3. Adobe Acrobat 11.0.1 Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. 3 0 obj 0000257583 00000 n Landscaping material supplies are a type of, Livestock processing industries are a type of. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable. 1.1AA Commencement This Plan commences on the da y that is 6 weeks after the day on which it is published on the NSW legislation website. 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. acts as a barrier to approving the Companys development proposal for the site. 27 0 obj <>stream F8e-:WbG, sgQ (7T+Iaxr`O|dyf:m\7pz-$Gl<6{\$ $O|P.^xI*jc|95!yi.4 x@na5J)M01E*45:Ob"i%V" 5mPFIo5EX1Q [BN=XIyn[l!'9=X1xz8rw(\O!@*Z\_sj!bYuY r:0|`NHt' 4):{M5Qh;`%FMK3nCc[BkZ cL tokA?O-=>7 3^nEBz>Fk=OyoQ Q!+w(cmuO};XAlw. 8z-c! hb``e``va```9 Local Development Performance Monitoring (LDPM), State Environmental Planning Policy (PrecinctsWestern Parkland City) Amendment (Miscellaneous) 2022, State Environmental Planning Policy (Western Sydney Aerotropolis) 2020, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2020, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2016, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2014, State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Ropes Creek) 2018, State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Industrial Area) 2016, Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2015, State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Pipelines) 2014, State Environmental Planning Policy (Western Sydney Employment Area) 2009. This Plan applies to certain land in Schofields. endstream endobj 49 0 obj <>stream 4 0 obj <> endobj 0000001013 00000 n Exploring environmental, planning and construction law issues in New South Wales. 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. 2. BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - REG 5.1 Relevant acquisition authority 5.1 Relevant acquisition authority (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of . Company Acquisition Transaction means any transaction or series of transactions involving: (a) any merger, consolidation, share exchange, recapitalization, business combination or similar transaction involving the Company other than the Transactions; (b) any direct or indirect acquisition of securities, tender offer, exchange offer or other similar transaction in which a person or Group (as defined in the Exchange Act) of persons directly or indirectly acquires beneficial or record ownership of securities representing twenty percent (20%) or more of any class of equity securities of the Company; (c) any direct or indirect acquisition of any business or businesses or of assets that constitute or account for twenty percent (20%) or more of the consolidated net revenues, net income or assets of the Company and its Subsidiaries, taken as a whole; or (d) any liquidation or dissolution of the Company or any of its Subsidiaries; and. vp-'9ap$-As~Cw6v~ See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. Land Reservation Acquisition Map. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. The decision was written by Justice Moore. 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. that land. 0000114746 00000 n 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. Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time. 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, The combination of these two factors weighs overwhelmingly in favour of cl4.1AC of the Precinct Plan displacing the contradictory provision in the Affordable Rental Housing SEPP, The consequence of this is that cl 4.1AC of the Precinct Plan operates as a development standard which. 4. 0000292251 00000 n 0000000016 00000 n %PDF-1.6 % Sawmill or log processing works are a type of. For further information please see. (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 reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. 0000001012 00000 n Q!j!` Q efy_%5HX4WB,&hcAywh& XViMMJ"JC&!T{"SaQnj/7jL,R*J PP 0000052137 00000 n 2020-03-04T10:38:02+11:00 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. The majority (Justice Basten and Justice Gleeson) held that: 1. bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . Council resisted UPG's 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. endstream endobj 1 0 obj <> endobj 2 0 obj <>stream The preferred view was that the Affordable Housing SEPP was to prevail. 003003003003003003 008008008008008008 007007007007007007007007007 006006006006006006006006006 0 100 200 Metres Cadastre Land Reservation Acquisition Sheet LRA_001 Classified Road (SP2) Regional Open Space (RE1) Local Open Space (RE1) Cadastre 10/11/2016 Kogarah City Council Kogarah Local Environmental Plan 2012 . Hotel or motel accommodation is a type of. startxref stream 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). Map Types Map Sheet ID number Date of Application Amending . Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & Access Blacktown LEP 2015. The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. 1.2 Aims of Plan. 0000314287 00000 n 0000183545 00000 n See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream %PDF-1.5 % Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. 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. Map Types Map Sheet ID number Date of Application . Council could not refuse consent to its development if the secondary dwelling is located within, or is attached to, the principal dwelling or the site area is at least 450 square metres. The principal at point 1 means that there is a preference to the interpretation of legislative instruments in a way that is consistent with other instruments, where a different interpretation would create inconsistency. Proposed Amendment to Campbelltown 0000222205 00000 n The maps adopted by this Plan are to be made available on the NSW Planning Portal. Area) Local Environmental Plan 2002 applies. Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. w_yLc|\qPKrYC9s_8}xeAM]~SdLw(c_]!6^c+VVwlF,{Tmen)gZ_([.=epF]e31[xLgK}*PM xjtejA zcw&VzBJF, TBCx@[/H H&]yr #Lxh2znSq ZE<7 dFJ,N)IJ,Pb5w4F:9U Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. Esri ArcMap 10.3.1.4959 Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. (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. 2. 0 Map Types Map Sheet ID number Date of . %PDF-1.5 % Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . Land Reservation Acquisition Map- Sheet LRA_009 Projection: GDA 1994 MGA Zone 56 Map Identification Number: Blacktown Local Environmental Plan 2015 0750_COM_LRA_009_020_20180403 N Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) The maps adopted by . 0000157142 00000 n Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in On 21 November 2019 the judgment was handed down by the Land and Environment Court. When this Plan was made it did not include all of these zones. <>>> On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 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. Land Reservation Acquisition Map - Sh et LRA_ 01 0 200 400 600 800 Metres Blacktown Local Environmental Plan 2015 Map identification number: 0750_COM_LRA_010_020_20150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2)
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