blacktown local environmental plan 2015 land reservation acquisition map

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. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. UPG went on to appeal against the decision of the Land and Environment Court. Land Reservation Acquisition Map- Sheet LRA_009 Projection: GDA 1994 MGA Zone 56 Map Identification Number: Blacktown Local Environmental Plan 2015 0750_COM_LRA_009_020_20180403 N Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) There is a strong presumption that SEPPs are not contradictory. 0000001580 00000 n that land. Schedule 1 sets out additional permitted uses for particular land. Pending the designation of the acquiring authority for the land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the, Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the, Heritage items (if any) are listed and described in Schedule 5. Land Reservation Acquisition Map - Sheet LRA_006 02 4 6 8 M etr s Blacktown Local Environmental Plan 2015 Map id entf c o umb r: 075 _CO LRA 6 2 150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) Regional Open Space (RE1) The following land acquisitions are . 1. hTk0W>F6iRAd =8- U~kcyS0jIy^U&r1{t9`w?+7}"[Upq* :~q6T$"%'B"Q}6`c9,bH"#%I0+}|3fnWV8WWX?a~(EPQss^P?2$7mmB O 9B:VQ }d'!!*34o4f}CvnDrQXLC`g By '[Bd/ 8UyMyG /(A3!D! The reserved land . The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. 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. 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. Artisan food and drink industries are a type of, Backpackers accommodation is a type of. This Plan applies to certain land in Schofields. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! 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 0000314034 00000 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. 0000009431 00000 n uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc (b)Zone R3 Medium Density Residential. 4 0 obj <> endobj See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. 0000314287 00000 n 0000001012 00000 n 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. 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. 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. Land Zoning Map. Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . hb``e``va```. 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) 1395w-3a. 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. 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. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. 0000059082 00000 n ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. 0000000952 00000 n 0000001581 00000 n The Campbelltown LEP 2015 applies to West Glenfield. 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. "\=B^Q C/4qW C3Hx9b_njJ.U4MAjdi9"{k!&{P+1# %44:+pFr9U; 6aN>8Sn}QjTh|J=gaYntV\L+#6'Soo=_@"Q2=e6'Ds )JM /0 z S 0000222205 00000 n informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. Map Types Map Sheet ID number Date of Application Amending . Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. 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. 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. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. u Map Types Map Sheet ID number Date of . The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. 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. This report seeks Councils 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. 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. State Environmental Planning Policy (Sydney Region Growth . 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. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 4 24 (ii) the site area is at least 450 square metres. 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. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. SEPP_SRGC_NW_LRA_009_020_20210908 . section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". 0000031792 00000 n 0000156572 00000 n See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. trailer p] 0000056433 00000 n xref There is a very strong presumption that a legislative authority does not intend to contradict itself. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . %PDF-1.5 % The Court of Appeal Supreme Court of NSW. 0000046292 00000 n On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 0000001614 00000 n The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. (2) The particular aims of this Plan are as follows. LP(^WD-cyys!71T0)~m& .dC\S"Dg The portion of land at 41, 43 and 45 Hunter Street, as shown in Figure 10 of this report, is identified on the Land Reservation Acquisition Map to facilitate the creation of a 6 metre wide laneway to provide future vehicle access to these three sites and 181 Church Street, Parramatta. A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). . endstream endobj 49 0 obj <>stream bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 eY Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. (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. Company Acquisition Agreement has the meaning set forth in Section 5.04(a). %%EOF Agricultural produce industries are a type of. 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. 3. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. 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 the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. 0000000016 00000 n 1572 0 obj <> endobj startxref 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. 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. <<0D821811699F9142935D0D2DA2A999D2>]/Prev 139192>> 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). This conclusion is, in my view, irresistible. endstream endobj startxref 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. Map Types Map Sheet ID number Date . 2 0 obj For further information please see. Intensive livestock agriculture is a type of. See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. 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 Sewage reticulation systems are a type of. %PDF-1.4 % endstream endobj 1576 0 obj <>stream 1600 0 obj <>stream 2. 0000031228 00000 n Posted by ; 9 Figure 5 Concept Master Plan Fort Wallace, Architectus 12 Figure 6 Concept Master Plan for Fort Wallace, Architectus 11 Figure 7 Excerpt from Hunter Regional Plan 2036, Figure 3: Hunter 2036 6 Figure 8 Excerpt from Hunter Regional Plan 2036, Figure 4: Greater Newcastle 2036 7 0000114999 00000 n <> 4 24 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. 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. 0000093208 00000 n 8. 0000123222 00000 n 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. 0000001657 00000 n Landscaping material supplies are a type of, Livestock processing industries are a type of. Hotel or motel accommodation is a type of. ;g A aHP $9Zf*e50I62M{T4nVLd1 @ '` Qualifying Acquisition has the meaning specified in Section 5.03. 4 0 obj <> endobj If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or, State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies. hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k -8'h08p34w|e:qd0-ep5s:<= yp1s9PPgZp"0>hdp0+4,U/0P/MmKM-MMR@1}fGE{{gg{GgyWM,KAh`,Nb)HiQ`; r]dA[PTQdWDl6x|70,Vc Ih 0d$:p` ,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. 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. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. The majority (Justice Basten and Justice Gleeson) held that: 1. 0000157142 00000 n Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. The Affordable Rental Housing SEPP operates on a statewide basis. You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. When this Plan was made it did not include all of these zones. Claims of contradiction between State Environmental Planning Policies should be examined closely. Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. 0000052137 00000 n <> 1.2 Aims of Plan. 0000001615 00000 n %PDF-1.5 Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). 1. 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). 2 Permitted without consent Environmental protection works; Flood mitigation works Esri ArcMap 10.3.1.4959 )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. h2U0P,H.)*M. 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 . Area) Local Environmental Plan 2002 applies. (2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. 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. Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. Acquisition Co has the meaning set forth in the first paragraph of this Agreement. 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). 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).