Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act. p] (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. 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 . . 4. 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. 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. 0000017691 00000 n
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dFJ,N)IJ,Pb5w4F:9U CoM. Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. Map Types Map Sheet ID number Date . TR&U)7r8& Map Types . Land Reservation Acquisition Map - Sheet LRA_006 02 4 6 8 M etr s Blacktown Local Environmental Plan 2015 Map id entf c o umb r: 075 _CO LRA 6 2 150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) Regional Open Space (RE1) O8MC'opu*0;,n^P^j*'v
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w_l.E~e;y\y_7h6rn tj#t*8P*} !wQejKB}AXS]|vF}tM*K}Q)[LB \]Yc%T.&7Mi2(-f0-\SX2`) ( The preferred view was that the Affordable Housing SEPP was to prevail. Map identification number: . 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. 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. In summary, this was because: a. 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. An inventory of heritage items is also available at the office of the Council. ;|kN~SENG_~+W=W J
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). You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. 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. 1395w-3a. When this Plan was made it did not include all of these zones. OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. Company Acquisition Agreement has the meaning set forth in Section 5.04(a). endstream
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Land reserved for acquisition Blacktown Local Environmental Plan 2015 makes provision for land included on the Land Reservation Acquisition Map to be acquired by a public authority. Council resisted UPG's application on the basis that the land was below the minimum lot size standard of 450 square metres set by clause 4.1AC of the Growth Centres SEPP. A
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See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4
P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . %PDF-1.5
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The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG
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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. 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 . 0000009431 00000 n
Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. endstream
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Posted by ; CCllaassssiiffiieedd D RRooaadd ((SSPP2)2) LLooccaall OOppeenn SSppaaccee ((RREE11)) L R LLooccaall RRooaadd ((SSPP22)) T R T T RIVERSTONE Local T Road (SP2) T T T 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. <>/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>>
The Court of Appeal Supreme Court of NSW. %%EOF
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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. Building identification signs are a type of. Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . endstream
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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. 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. efy_%5HX4WB,&hcAywh& XViMMJ"JC&!T{"SaQnj/7jL,R*J PP
All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. 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. If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. xref
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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. On 21 November 2019 the judgment was handed down by the Land and Environment Court. bT
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Q Area) Local Environmental Plan 2002 applies. 0000314034 00000 n
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Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! 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. %PDF-1.6
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Agricultural produce industries are a type of. 1.2 Aims of Plan. The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure). 0000257583 00000 n
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Map Types Map Sheet ID number Date of Application . Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. Exempt development may be carried out without the need for development consent under the Act. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. <]/Prev 343272>>
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). 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. if no additional parking is to be provided on the site. 0000046292 00000 n
;g The Affordable Rental Housing SEPP operates on a statewide basis. 4 Maps . The majority (Justice Basten and Justice Gleeson) held that: 1. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in 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. 8. Collateral Management Agreement The agreement dated as of the Closing Date, between the Issuer and the Collateral Manager relating to the management of the Collateral Obligations and the other Assets by the Collateral Manager on behalf of the Issuer, as amended from time to time in accordance with the terms thereof. On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. O |A1X3!f?~`@ <>
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. The consequence of this is that cl 4.1AC of the Precinct Plan operates as a development standard which, unless displaced as discussed below, acts as a barrier to approving the Companys development proposal for the site. Sewage reticulation systems are a type of. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. Determination of the Land and Environment Court. 5 Jun. 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. See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings. 0000001615 00000 n
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) 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. The following Blacktown LEP 2015 . (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. 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. 2. The reserved land . Amend the Land Reservation Acquisition Map (Sheet LRA_005) to remove Council as the acquisition authority over the rezoned portion of each residential lot and road. Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. 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. 0
On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. The maps adopted by . identifies where further detailed . 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. Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. Q!j!` Q
Company Acquisition means (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which the stockholders of the Company immediately preceding such transaction hold less than fifty percent (50%) of the aggregate equity interests in the surviving or resulting entity of such transaction, (ii) a sale or other disposition by the Company of assets representing in excess of fifty percent (50%) of the aggregate fair market value of the Company's business immediately prior to such sale, or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of shares representing in excess of fifty percent (50%) of the voting power of the then outstanding shares of capital stock of the Company. Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . (b)Zone R3 Medium Density Residential. 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. 0000093208 00000 n
The Affordable Rental Housing SEPP operates on a statewide basis. 0000035739 00000 n
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UPG went on to appeal against the decision of the Land and Environment Court. %%EOF
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Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. On 9 June 2020 the Court of Appeal handed down a decision which considered the interaction of minimum lot size clauses across two State Environmental Planning Policies. 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 . trailer
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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. State Environmental Planning Policy (Sydney Region Growth . Access Blacktown LEP 2015. 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. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 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 . 0000254934 00000 n
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The term is defined as a structure used or to be used principally for the display of an advertisement. This conclusion is, in my view, irresistible. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. %PDF-1.5
(ii) the site area is at least 450 square metres. 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. 0000031228 00000 n
BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - Made under the Environmental Planning and Assessment Act 1979 - As at 14 August 2020 - Reg 239 of 2015 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1.1.Name of Plan 1.1AA.Commencement 1.2.Aims of Plan 1.3.Land to which Plan applies 1.4.Definitions 1.5.Notes 1.6.Consent authority 1.7.Maps 1.8.Repeal of planning instruments applying to land 1.8A. 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. 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. O xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq:
~TM$Wt7}9GAR2 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 following land acquisitions are . Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. See clause 5.4 for controls relating to the floor area used for a home business. 3. 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). 0000052137 00000 n
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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. 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. vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 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) startxref
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