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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 . 0000001012 00000 n A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). 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. Building identification signs are a type of. informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. 0000068738 00000 n Land Reservation Acquisition Map Definition | Law Insider Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). 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 . Qualifying Acquisition has the meaning specified in Section 5.03. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. 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. F Part 6 - Active Street Frontages Map 0000114746 00000 n 1395w-3a. The term may include (but is not limited to) places that are declared under section 84 of the. 9. There is a strong presumption that SEPPs are not contradictory. Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. Acquisition Co has the meaning set forth in the first paragraph of this Agreement. 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 Blacktown Local Environmental Plan (Central Business District) 2012 how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 0000292251 00000 n 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. 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. stream 0000009431 00000 n 0000123222 00000 n Hotel or motel accommodation is a type of. 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 . On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 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. Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. 0000292498 00000 n 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. Part 5 contains other provisions which require consent for particular development. Posted by ; 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. CoM. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. 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 Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. 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. 0000059082 00000 n 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) Proposed Amendment to Campbelltown 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. On 21 November 2019 the judgment was handed down by the Land and Environment Court. Bankstown Local Environmental Plan 2015 - Planning Portal Land Reservation Acquisition 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. startxref h.+ endobj 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. 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. vp-'9ap$-As~Cw6v~ In the Court of Appeal, UPG submitted that if there was any inconsistency between the Affordable Housing SEPP and the Growth Centres SEPP, then the Affordable Housing SEPP prevailed. . That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. %PDF-1.5 % O8MC'opu*0;,n^P^j*'v +$~]jd w_l.E~e;y\y_7h6rn tj#t*8P*} !wQejKB}AXS]|vF}tM*K}Q)[LB \]Yc%T.&7Mi2(-f0-\SX2`) ( 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in 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. Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. 2020-03-04T10:38:02+11:00 0000000016 00000 n 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. 0000183545 00000 n 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. 27 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. 0000157142 00000 n 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. Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. A aHP $9Zf*e50I62M{T4nVLd1 @ '` 0000092961 00000 n hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. 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. 0000031228 00000 n Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. . 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. 1.1AA Commencement This Plan commences on the da y that is 6 weeks after the day on which it is published on the NSW legislation website. The 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. Map 3.12 Survey Plan Map - Boundary Adjustment . The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . The term is defined as a structure used or to be used principally for the display of an advertisement. %%EOF Landscaping material supplies are a type of, Livestock processing industries are a type of. trailer (b)Zone R3 Medium Density Residential. PDF Applicant Details - blacktown.nsw.gov.au 2. p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! 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. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. O |A1X3!f?~`@ The Court of Appeal Supreme Court of NSW. 2. if no additional parking is to be provided on the site. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. In this context, a proper understanding of timing makes it clear that the Precinct Plan provision is to be regarded as reflecting a later drafting intention than that of the earlier Affordable Rental Housing SEPP provision. Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. SiZ`[61;_cvyvr&]A 80'@oq0d4#M1pXq2&n,1*=p=5lm(1: pd6TJ Q = ; .AMhFA(YVna|7iym=+Y}Xx.$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 (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. See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. Agricultural produce industries are a type of. 2020-03-09T13:28:29+11:00 Map Types Map Sheet ID number Date . 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. 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. 0000257583 00000 n Standard technical requirements for LEP maps, Repeal of planning instruments applying to land, Blacktown Local Environmental Plan (Central Business District) 2012, Savings provision relating to development applications, State Environmental Planning Policy No 29Western Sydney Recreation Area, Plan does not apply to land to which Blacktown LEP 2015 applies, State Environmental Planning Policy No 59Central Western Sydney Regional Open Space and Residential, Suspension of covenants, agreements and instruments, Additional permitted uses for particular land, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, State Environmental Planning Policy (Housing) 2021, State Environmental Planning Policy (Transport and Infrastructure) 2021, State Environmental Planning Policy (Resources and Energy) 2021, State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Industry and Employment) 2021, State Environmental Planning Policy (Primary Production) 2021, State Environmental Planning Policy (Biodiversity and Conservation) 2021, environmentally sensitive area for exempt or complying development, Minimum subdivision lot size for community title schemes, Minimum subdivision lot size for strata plan schemes, Minimum lot sizes for attached dwellings, dual occupancies and multi dwelling housing, Subdivision of dual occupancies (detached), Restrictions on height of buildings in Zone R1 General Residential, Calculation of floor space ratio and site area, Only significant development to be included, Certain public land to be separately considered, Covenants to prevent double dipping, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Land Acquisition (Just Terms Compensation) Act 1991, the owner-initiated acquisition provisions, Classification and reclassification of public land, Controls relating to miscellaneous permissible uses, Secondary dwellings on land other than land in a rural zone, Artisan food and drink industry exclusion, Controls relating to secondary dwellings on land in a rural zone, Dwelling house or secondary dwelling affected by natural disaster, Effect of proposed development on heritage significance, Aboriginal places of heritage significance, Demolition of nominated State heritage items, Infrastructure development and use of existing buildings of the Crown, Siding Spring Observatorymaintaining dark sky, Subdivision of, or dwellings on, land in certain rural, residential or conservation zones, Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations, Pond-based, tank-based and oyster aquaculture, Pond-based or tank-based aquaculturematters of which consent authority must be satisfied before granting consent, Extensive pond-based aquaculture permitted without consent in certain zones, Oyster aquacultureadditional matters that consent authority must consider in determining a development application, NSW Oyster Industry Sustainable Aquaculture Strategy, Oyster aquaculture permitted without consent in priority oyster aquaculture areas, Fisheries Management (Aquaculture) Regulation 2017, Standards that cannot be used to refuse consentplaying and performing music, Considering Flooding in Land Use Planning Guideline, State Environmental Planning Policy (PrecinctsWestern Parkland City) 2021, Arrangements for designated State public infrastructure, Relationship between Part and remainder of Plan, Converting serviced apartments to residential flat building, State Environmental Planning Policy No 65Design Quality of Residential Apartment Development, Height of buildings exhibiting design excellence in Blacktown CBD and Mount Druitt CBD, Development with frontage to certain roads in Zone SP2, Certain land between North West Transitway and Peter Street, Blacktown, Location of restricted premises and sex services premises, Solar access to key public open spaces in Blacktown CBD, Use of certain land at The Ponds, Stonecutters Ridge, Stanhope Gardens and Bungarribee, Use of certain land at Bidwill Square, Bidwill, Use of certain land at Springfield Avenue and Crudge Road, Blacktown (former Ashlar Golf Course), Use of certain land at 670 Richmond Road, Glendenning, Use of certain land at 40 Huntingwood Drive, Huntingwood, Use of certain land at Blacktown industrial area, Use of certain land at 215221 Walters Road, Arndell Park, Use of certain land at 22 John Hines Avenue, Minchinbury, Use of certain land at 8197 Main Street, Blacktown, Complying development certificate conditions, Land classified, or reclassified, as operational landno interests changed, Land classified, or reclassified, as operational landinterests changed, Land classified, or reclassified, as community land, Pond-based aquaculture that is also intensive aquaculturepond design, Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculturefreshwater discharges, Aboriginal place of heritage significance, Blacktown Local Environmental Plan 2015 Active Street Frontages Map, Environmental Planning and Assessment Act 1979, animal boarding or training establishment, Catchment Management Authorities Act 2003, Children (Education and Care Services) National Law (NSW), Crimes (Administration of Sentences) Act 1999, Blacktown Local Environmental Plan 2015 Design Excellence Map, State Emergency and Rescue Management Act 1989, Blacktown Local Environmental Plan 2015 Floor Space Ratio Map, Blacktown Local Environmental Plan 2015 Height of Buildings Map, Blacktown Local Environmental Plan 2015 Heritage Map, Blacktown Local Environmental Plan 2015 Incentive Height of Buildings Map, Blacktown Local Environmental Plan 2015 Key Sites Map, Blacktown Local Environmental Plan 2015 Land Application Map, Blacktown Local Environmental Plan 2015 Land Reclassification (Part Lots) Map, Blacktown Local Environmental Plan 2015 Land Reservation Acquisition Map, Blacktown Local Environmental Plan 2015 Land Zoning Map, Blacktown Local Environmental Plan 2015 Lot Size Map, Ports and Maritime Administration Act 1995, Community Housing Providers (Adoption of National Law) Act 2012, Blacktown Local Environmental Plan 2015 Sun Access Protection Map, Blacktown Local Environmental Plan 2015 Terrestrial Biodiversity Map, Blacktown Local Environmental Plan 2015 Urban Release Area Map, A New Tax System (Australian Business Number) Act 1999. k1n-s+u|U%u JP!CFVp$kkpv.S `0&rNo LGNgIgO 2&ugG]L?O'ql?ITmUFG")MvR':%D3yN }WdvMyS'4L}$Z#m+'pC 2Qrn.3UUv@*-=WdJ4Jc 2^c!ll*o^QnpE\L.tvLkXVF9[zoRYMq]Z8Hv]kc~h#Mw{Sf){V{#!NRr[r gZKhmz&'TwFB. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. 0000156572 00000 n Land Acquisition (Just Terms Compensation) Act 1991, Land Acquisition (Just Terms Compensation) Act 1991, Zone RE1 Public Recreation and marked "Local open space", Zone RE1 Public Recreation and marked "Regional open space", Zone SP2 Infrastructure and marked "Classified road", Zone SP2 Infrastructure and marked "Local drainage", Zone SP2 Infrastructure and marked "Local road", Zone SP2 Infrastructure and marked "Railway", The corporation constituted under blacktown local environmental plan 2015 land reservation acquisition mapwhat are leos attracted to physically. xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 (2) The particular aims of this Plan are as follows. Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013 LZN 001 : SEPP_WSEA_LZN_001_20090805 (2.5 mb) . 0000001580 00000 n 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. Blacktown Local Environmental Plan 2015 - NSW Legislation )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.