Heritage conservation areas (if any) are shown on the. 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 . See clause 5.4 for controls relating to the gross floor area of a kiosk. 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. 0000001657 00000 n Sawmill or log processing works are a type of. <<0D821811699F9142935D0D2DA2A999D2>]/Prev 139192>> O 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. 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 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. 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. hb``e``va```9 0000292251 00000 n %PDF-1.5 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. hTk0W>F6iRAd =8- U~kcyS0jIy^U&r1{t9`w?+7}"[Upq* :~q6T$"%'B"Q}6`c9,bH"#%I0+}|3fnWV8WWX?a~(EPQss^P?2$7mmB O 9B:VQ }d'!!*34o4f}CvnDrQXLC`g By '[Bd/ 8UyMyG /(A3!D! Area) Local Environmental Plan 2002 applies. 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\ ! The combination of these two factors weighs overwhelmingly in favour of cl4.1AC of the Precinct Plan displacing the contradictory provision in the Affordable Rental Housing SEPP. 2020-03-04T10:38:02+11:00 hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb 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. <>/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>> See clause 5.4 for controls relating to the floor area used for a home industry. 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. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 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. 0000156572 00000 n Sec. Council resisted UPGs application on the basis that the land was below the minimum lot size standard of 450 square metres set by clause 4.1AC of the Growth Centres SEPP. 48 0 obj <>stream 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. Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. 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. SEPP_SRGC_NW_LRA_009_020_20210908 . 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. Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. endstream endobj startxref See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. 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. 0000092961 00000 n stream Determination of the Land and Environment Court. Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! Map Types . 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. 27 0 obj <>stream Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. 1. 0 vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . 4 24 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. TR&U)7r8& endstream endobj 50 0 obj <>stream 4 0 obj <> endobj 0000183545 00000 n vp-'9ap$-As~Cw6v~ 2. 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. how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). % Use full site Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. 0000046676 00000 n The maps adopted by . 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. 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 0000095686 00000 n Artisan food and drink industries are a type of, Backpackers accommodation is a type of. 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. endstream endobj 1576 0 obj <>stream Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. startxref Hotel or motel accommodation is a type of. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. 0000024572 00000 n p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! \FE D^ _PP Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 1600 0 obj <>stream The majority (Justice Basten and Justice Gleeson) held that: 1. !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**/ See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. Exploring environmental, planning and construction law issues in New South Wales. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). This conclusion is, in my view, irresistible. 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. 5 Jun. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. 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 . 2. &5PH5sahpfI,L3+Q\eT 5>NEUN/M'F#oVT9Ou#FxMhcy='J6{GTT$``CL"Dv|C Lj20(y&RI P( +#>AzG2Th( WGC'Q"F0T0"P/{X2 Q'Po97moBPlJ'$n/#PrWP"/4;e@yJl9B]z,PkZuJz f3DC t5~BbV_$~%PDz5T2V IH0Dy?ZrmBCPPz{CPOjKJI6S dD,WJa&zE9[N~! A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care servicesee the. A aHP $9Zf*e50I62M{T4nVLd1 @ '` UPG went on to appeal against the decision of the Land and Environment Court. 1395w-3a. bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q ht We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. See clause 5.4 for controls relating to the floor area used for a home business. )JM /0 z S That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. u Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. xref 4 Maps . See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. Adobe Acrobat 11.0.1 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. The decision was written by Justice Moore. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream %PDF-1.6 % Map identification number: . 1 0 obj 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. h.+ 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. 0000114746 00000 n 0000314034 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. Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). 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). 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. 0000059432 00000 n hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> , Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013 LZN 001 : SEPP_WSEA_LZN_001_20090805 (2.5 mb) . 3. State Environmental Planning Policy (Sydney Region Growth . 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. 9. <> (1) Development to which this Division applies may be carried out with consent. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. Confirm the zoning and applicable rules for . CoM. Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . Click here to view Blacktown Local Environmental Plan 2015. uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc Posted by ; See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). 3 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. . <>>> Schedule 1 sets out additional permitted uses for particular land. 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. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. 0000017691 00000 n The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. 0 endobj 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`) ( On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. Esri ArcMap 10.3.1.4959 All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. 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.
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