endstream endobj 5 0 obj <> endobj 6 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/Properties<>>>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1191.0 842.259]/Type/Page>> endobj 7 0 obj [/ICCBased 19 0 R] endobj 8 0 obj [/Indexed 7 0 R 61 20 0 R] endobj 9 0 obj <>stream 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. )JM /0 z S See clause 5.4 for controls relating to the gross floor area of a kiosk. Area) Local Environmental Plan 2002 applies. endstream endobj 1576 0 obj <>stream 0000183545 00000 n . <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R 17 0 R] /MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> On 9 June 2020 the Court of Appeal dismissed the appeal. %%EOF 0000000016 00000 n Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 85/27795, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 1/228688, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 161/29659, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/1164625, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 5A/11349, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 82/202949, Headingly Reserve, Redwood Street, Blacktown, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 30/204269, Part of Lot 230, DP 600232 identified, as Operational Land on the, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 230/600232, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 131/249254, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/250716, Lots 41 and 42, DP 818818 and Lot 5, DP 858865, Reservations and conditions in the Crown Grant as noted on Certificates of Title Folio Identifiers 41/818818, 42/818818 and 5/858865, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 431/812674, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3152/714465, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 101/771563, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 51/31087, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 50/28701, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3/226547, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 13/262177, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 47/263823, Part of Lot 12, Section 5, DP 8981, identified as Community Land on the, Part of Lot 1, DP 1014984, identified as Community Land on the, Part of Lot 11, Section 3, DP 8981, identified as Community Land on the, 50 Sorensen Crescent (also known as 3032 Anderson Avenue), 2 Erith Street (also known as 17 Lancelot Street), Blacktown Railway Stationsignals building, Corner of Lancelot and Merlin Streets (public reserve), Huntingwood, Minchinbury, Mount Druitt and Prospect, 1 Eire Way (also known as 14 Glenheath Avenue, Cavenah Way), Corner of Glenheath Avenue and Cavenah Way, Lots 9118 and 9119, DP 730969 and Lot 8078, DP 732456, HouseMount Druitt Stationmasters Residence (former), 22A Mount Druitt Road (corner of Beames Avenue), 104 Mount Druitt Road (also known as 42 Ropes Creek Road), HouseSchoolmasters Residence (former), 59 Nelson Street (also known as Great Western Highway, 1 Mark Archer & Alan Streets), Simpson Hill Road and Great Western Highway, Part of Lot X, DP 412362 and part of Lot 12, DP 28045, 12 Hanna Place (also known as 54 Hyatts Road), Old Windsor Road, 40 metres south of Meurants Lane to the proposed Castlereagh Freeway and from Caddies Creek, 280 metres southward, 327 Rooty Hill Road North (also known as 2 Appleby Place, 48 Bottles Road), 441 Blacktown Road (also known as 2 Fox Hills Crescent), Lots 221224, DP 812455 and Lot 1, DP 325874, Reservoir Road/Tarlington Place/Yallock Place/Honeman Close, 19 Elizabeth Street (also known as 40 Hunter Street), Corner of Garfield Road East and Piccadilly Street, Lot 39, DP 864977 and Lots 4 and 5, DP 261340, 62 Garfield Road East (Corner Oxford Street), Bicentennial Museumformerly public school, then Masonic Hall, 20 Railway Terrace (corner of Elizabeth Street), Regent Street (also known as 71 McCulloch Street), 122 Regent Street (also known as 52 McCulloch Street), 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue, HouseStationmasters Residence (former), Corner of Riverstone Parade and Garfield Road East, HouseFairholme (now part of St Agnes High School), 1 Rooty Hill Road North (also known as 11 North Parade Premier Lane), 32 Rooty Hill Road South (corner of Barker Street), 45 Rooty Hill Road South (corner of Dunsmore Street), Two weatherboard school buildingsSeven Hills North Public School, Church, rectory and hallSt Andrews Church Group (former), 369 Seven Hills Road (also known as 2 Nattai Street), Grantham Poultry Research Station (former) comprising Melrose House and Drumtochty and their surrounds, Lots 360362, DP 48686 and Lot 4, DP 739331, Archaeological siteNative Institute site, Lot 1, DP 1043661; Part of Lot 60, DP 1055132; Part of Lot 5, DP 792478; Lots 50015003, DP 869400, Archaeological siteRuins of the Government Depot. 0000046676 00000 n Clause 2.6 requires consent for subdivision of land. 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. 0000183161 00000 n 0000052137 00000 n Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto. The maps adopted by . 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. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 0000017691 00000 n Landscaping material supplies are a type of, Livestock processing industries are a type of. 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. 27 0 obj <>stream 0000001656 00000 n (ii) the site area is at least 450 square metres. A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). 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. !a6yW'u@BM*^2W`J+%2 c9xN[wi.4E+wbE"zi!3{oUnp}o;n}BMi1$f&qfB"&ns66E'jJ"H^,]p/U[Uv; U4R"L|A:h6thVtr=Y**/ Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. 0000095686 00000 n 4. Adobe Acrobat 11.0.1 Map Types . endstream endobj 4 0 obj <> endobj 12 0 obj <>stream 2. 3. The existing zoning allows for: Eastern: East Glenfield is zoned a combination of: 2(b) Residential B 3(c) Neighbourhood Business 6(a) Local Open Space 5(a) Special Uses A (School, Parking) 1(a) Rural A This conclusion is, in my view, irresistible. <> uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. @_eYWb/2Hl/t\qWob3930 JaL} O hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. The decision was written by Justice Moore. Hotel Management Agreement means any hotel management agreement relating to the management and operation of the Real Property together with all supplements, amendments and modifications thereto. 0000000953 00000 n 2. 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. xref % Access Blacktown LEP 2015. startxref Qualifying Acquisition has the meaning specified in Section 5.03. 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. 0000056433 00000 n Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . %PDF-1.5 % An inventory of heritage items is also available at the office of the Council. Council resisted UPG's application on the basis that the land was below the minimum lot size standard of 450 square metres set by clause 4.1AC of the Growth Centres SEPP. 0000046292 00000 n Since the secondary dwelling was located within the principal dwelling, it was UPGs submission that the development application could not be refused even though the lot size was less than 450 square metres. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. Claims of contradictions between provisions coming from one legislative source (such as the State Government in State Environmental Planning Policies) should not be accepted unexamined. Justice Moore made orders which allowed UPG to approach the Land and Environment Court by 13 December 2019 and provide a clause 4.6 variation request to the minimum lot size standard (click here for more on clause 4.6 requests). Second, whilst it is true that the Affordable Rental Housing SEPP provision relates to a narrower housing typology of secondary dwelling than the allembracing secondary dwelling typology contained in cl 4.1AC of the Precinct Plan, this narrowing is not as significant as the relevant geographic comparison of the two provisions areas of operation. Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). %PDF-1.4 % h.+ 0000292498 00000 n hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> , (1) Development to which this Division applies may be carried out with consent. The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development. 0000001580 00000 n 0000024572 00000 n |Jh(EW)1H5hN.3%HsG(?R i\quNAcR5svA5P"N$tHXK +)Yr-8BFB n 5j:3}v1##CzH2JD]1OSdv:'ElyWqXl=Ki4\^7TyL.T >c\P)x 4 24 The reserved land . <>>> BsJrqF?xe|W?^eN6h.B]mmE)xcj$|~H3Z W./3iT^~[JDp3QU=y8uy|-Rn&QzXj>No)H*oKQOQ7E S @q,h hdFOilCREz&ZXlIv2m.BmL?K&V9>L6P/giB'XJKR1w,7yxr,-GhI1R2Pv % Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. Land Reservation Acquisition Map - Sh et LRA_ 01 0 200 400 600 800 Metres Blacktown Local Environmental Plan 2015 Map identification number: 0750_COM_LRA_010_020_20150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) 0000001614 00000 n 0 ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG $*I 9Sz'qBYYH ?DvU0^dn7]Lk|#>-V "lq&q,w1V%mE0cF'OXa3 ".x2n0RLV4Q endobj Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N 8. 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 Acquisition Map and Lot Size Map. Permitted Acquisition Consideration means the aggregate amount of the purchase price, including, but not limited to, any assumed debt, earn-outs (valued at the maximum amount payable thereunder), deferred payments, or Capital Stock of the Borrower, net of the applicable acquired companys cash and Cash Equivalent, balance (as shown on its most recent financial statements delivered in connection with the applicable Permitted Acquisition) to be paid on a singular basis in connection with any applicable Permitted Acquisition as set forth in the applicable Permitted Acquisition Documents executed by the Borrower or any of its Subsidiaries in order to consummate the applicable Permitted Acquisition. The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. Esri ArcMap 10.3.1.4959 0000314034 00000 n 0000001657 00000 n }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4 P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. (4) A consent authority must not refuse consent to development to which this Division applies on either of the following grounds, (i) the secondary dwelling is located within, or is attached to, the principal dwelling, or. Proposed Amendment to Campbelltown 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. The Court of Appeal Supreme Court of NSW. State Environmental Planning Policy (Sydney Region Growth . We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. p] )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. 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. 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. Section 3.28(1) of the Environmental Planning and Assessment Act 1979 (EPA Act)states: (1) In the event of an inconsistency between environmental planning instruments and unless otherwise provided, (a) there is a general presumption that a State environmental planning policy prevails over a local environmental plan or other instrument made before or after that State environmental planning policy, and. The Draft ITP is anticipated to have recommendations that may have consequential amendments to CBD planning controls at a later stage, such as revisions to the Land Reservation Acquisition Map for local road widening acquisitions, and refinements to off- street car parking rates. The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act. The authority of the State that will be the relevant authority to acquire land, 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). xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 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. 1. Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. This report recommends that Council take the initiative to protect Gilgandra Reserve for the local community by rezoning the land RE1 Public Recreation and noting it on the Land Reservation Acquisition Map. %PDF-1.5 % 4 0 obj <> endobj Posted by ; "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 . Map Types Map Sheet ID number Date of Application Amending . Limited Condition Acquisition means any acquisition, including by way of merger, amalgamation or consolidation, by the Issuer or one or more of its Restricted Subsidiaries whose consummation is not conditioned upon the availability of, or on obtaining, third party financing; provided that the Consolidated Net Income (and any other financial term derived therefrom), other than for purposes of calculating any ratios in connection with the Limited Condition Acquisition, shall not include any Consolidated Net Income of or attributable to the target company or assets associated with any such Limited Condition Acquisition unless and until the closing of such Limited Condition Acquisition shall have actually occurred. 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. 2 0 obj Click here to view Blacktown Local Environmental Plan 2015. 0000001615 00000 n Agricultural produce industries are a type of. That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. 1584 0 obj <>/Filter/FlateDecode/ID[]/Index[1572 29]/Info 1571 0 R/Length 81/Prev 575691/Root 1573 0 R/Size 1601/Type/XRef/W[1 3 1]>>stream Map Types Map Sheet ID number Date . Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. 0000092961 00000 n Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. . 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. 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. "\=B^Q C/4qW C3Hx9b_njJ.U4MAjdi9"{k!&{P+1# %44:+pFr9U; 6aN>8Sn}QjTh|J=gaYntV\L+#6'Soo=_@"Q2=e6'Ds endstream endobj 50 0 obj <>stream 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 . endstream endobj startxref 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. Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. Q!j!` Q Sewage reticulation systems are a type of. 0000000016 00000 n (5) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4). 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. 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) In summary, this was because: a. The term is defined as a structure used or to be used principally for the display of an advertisement. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 48 0 obj <>stream Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. Use full site endstream endobj 1 0 obj <> endobj 2 0 obj <>stream 0000059432 00000 n 4 0 obj 0000123222 00000 n 0000292251 00000 n ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. 0000157142 00000 n 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) %PDF-1.5 1. 0000000952 00000 n 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.

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