Blacktown Local Environmental Plan 2015 - Blacktown City UPG were of the view that the two limbs were not cumulative and that Council could not refuse consent if one or the other were satisfied. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Map Types Map Sheet ID number Date of Application Amending . Company Acquisition Agreement has the meaning set forth in Section 5.04(a). Click here to view Blacktown Local Environmental Plan 2015. p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream 0000000952 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. 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. u 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. 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. (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. endobj All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. Use full site Business Acquisition means the acquisition of a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company. Agricultural produce industries are a type of. The maps adopted by . Map Types Map Sheet ID number Date of . Land Reservation Acquisition Map. '|CQw!2@ALnXj{/1 (1) Development to which this Division applies may be carried out with consent. 8. Area) Local Environmental Plan 2002 applies. Sewage reticulation systems are a type of. 0 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. A aHP $9Zf*e50I62M{T4nVLd1 @ '` 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. 4 24 Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. Noting that 41 and 43 Hunter Street have only been included in the Planning Proposal for the purposes of identifying the 6m wide laneway land on the Land Reservation Acquisition Map and that no other changes will be made to the planning controls that apply to these two sites. 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. Determination of the Land and Environment Court. 3. ;g endobj 0000314287 00000 n The development application and Land and Environment Court appeal. Map Types Map Sheet ID number Date . 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. %PDF-1.4 % 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. (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. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. 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. Exploring environmental, planning and construction law issues in New South Wales. Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. 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) h.+ The Campbelltown LEP 2015 applies to West Glenfield. 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. endobj 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. 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. Minimum lot sizes under SEPPs - UPG v Blacktown City Council SiZ`[61;_cvyvr&]A 80'@oq0d4#M1pXq2&n,1*=p=5lm(1: pd6TJ Q = ; .AMhFA(YVna|7iym=+Y}Xx.$KI(]T`E'}75}MF9'S EW]c2>86Kc%T|->46r _Yh!,F2jAA&;6}y90s]2l8fo(X=b >8..)7g>/`\z90*B>Cp70r=>om[W DXAZ[!h_4[pmuh5S6UMMd7UHq3PB`mx[ Jp2x[BiTISbMVd,lT#Cb;X$a" BEEyEUf|d"OkF5O'1g[4/FuZUH%b@mk {gk\_$!":Qr&mq9A `P^1|OF3Y0=$EuGulj6`PFO03dPMvY.+v.#J#9@p?^+X.&rC The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. Building identification signs are a type of. The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. <> hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k -8'h08p34w|e:qd0-ep5s:<= yp1s9PPgZp"0>hdp0+4,U/0P/MmKM-MMR@1}fGE{{gg{GgyWM,KAh`,Nb)HiQ`; r]dA[PTQdWDl6x|70,Vc Ih 0d$:p` ,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies. Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . (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. 3 0 obj 2 0 obj 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 reserved land . The amendments made by State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022 (830) are expected to take some time to consolidate due to the volume of amendments within this and other amendments commencing on 26 . Map 3.12 Survey Plan Map - Boundary Adjustment . Confirm the zoning and applicable rules for . 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. Blacktown Local Environmental Plan (Central Business District) 2012 identifies where further detailed . In summary, this was because: a. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). 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. % The following land acquisitions are . BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - REG 5.1 Relevant acquisition 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. The majority (Justice Basten and Justice Gleeson) held that: 1. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 Blacktown Local Environmental Plan (Sydney Region Growth 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 Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. \FE D^ _PP 0000000953 00000 n 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. how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. 0000031792 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. (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. endstream endobj 50 0 obj <>stream Environmental Planning and Assessment Act 1979 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. Requests must include: (1) the name and signature of the individual making the request; (2) the name of the Privacy Act system of records to which the request relates; (3) a statement whether a personal inspection of the records or a copy of them by mail is desired; and (4) proof of identity. That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. 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. PDF Land Reservation Acquisition Map- Sheet LRA 009 - Microsoft See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. 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. 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. xref Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. PDF Land Application Map - Sheet LAP 001 - blacktown.nsw.gov.au 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. 0000157142 00000 n 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. 0000257933 00000 n trailer Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 0000046292 00000 n PDF Planning Proposal See clause 5.4 for controls relating to the floor area used for a home industry. O Land Reservation Acquisition Map - Sheet LRA 011 PDF Land Reservation Acquisition Map - Sheet LRA 007 - Microsoft 2. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 endstream endobj 1576 0 obj <>stream 0000183161 00000 n 0000001615 00000 n SEPP_SRGC_NW_LRA_009_020_20210908 . Qualifying Acquisition has the meaning specified in Section 5.03. }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4 P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> hb``e``va```. The preferred view was that the Affordable Housing SEPP was to prevail. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . 3. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r JCfJ+XC9wt?G@%-rqD)QLyYN(36Q& LJE\4) Appendix 4 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006(Growth Centres SEPP) relevantly states (with emphasis added): 4.1ACMinimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, (1)This clause applies to land in the following zones. %PDF-1.6 % 0000314034 00000 n Map Types . 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 Hotel or motel accommodation is a type of. 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. 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. 0000000016 00000 n PDF Planning Proposal - Glenfield Waste Site - City Of Campbelltown 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. 0000123222 00000 n Q!j!` Q Esri ArcMap 10.3.1.4959 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. 4 0 obj <> endobj 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. 0000114999 00000 n F8e-:WbG, sgQ (7T+Iaxr`O|dyf:m\7pz-$Gl<6{\$ $O|P.^xI*jc|95!yi.4 x@na5J)M01E*45:Ob"i%V" 5mPFIo5EX1Q [BN=XIyn[l!'9=X1xz8rw(\O!@*Z\_sj!bYuY r:0|`NHt' 4):{M5Qh;`%FMK3nCc[BkZ cL tokA?O-=>7 3^nEBz>Fk=OyoQ Q!+w(cmuO};XAlw. 8z-c! . See clause 5.4 for controls relating to the gross floor area of roadside stalls. Blacktown Local Environmental Plan 2015 endstream endobj 1 0 obj <> endobj 2 0 obj <>stream Posted by ; An inventory of heritage items is also available at the office of the Council. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 2 Permitted without consent Environmental protection works; Flood mitigation works If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the, Zone RE1 Public Recreation and marked Local open space, Zone RE1 Public Recreation and marked Regional open space, The corporation constituted under section 2.5 of the Act, Zone SP2 Infrastructure and marked Classified road, Zone SP2 Infrastructure and marked Local drainage, Zone SP2 Infrastructure and marked Local road, Zone SP2 Infrastructure and marked Railway, The corporation constituted under section 8 of the Act, Zone SP2 Infrastructure and marked Sydney Water drainage, Zone C1 National Parks and Nature Reserves and marked National Park, If land, other than land specified in the table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N p] 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. 0000059082 00000 n Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. Blacktown Local Environmental Plan 2015 - NSW Legislation Blacktown City - Majorprojects.planningportal.nsw.gov.au if no additional parking is to be provided on the site. that land. See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. (b)Zone R3 Medium Density Residential. Planning Proposal - Blacktown Health and Education Precinct 0000000016 00000 n stream !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**/ 1 0 obj 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.