endstream endobj 4 0 obj <> endobj 12 0 obj <>stream 0000257583 00000 n Sign up to be notified each time we post an article, A consent authority must not refuse consent to development to which this Division applies on either of the following grounds, cl 4.1AC of the Precinct Plan was inserted by an amendment to the Growth Centres SEPP, made some nearly five years after the coming into effect of the Affordable Rental Housing SEPP. 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. BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - REG 5.1 Relevant acquisition <>/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>> Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. !a6yW'u@BM*^2W`J+%2 c9xN[wi.4E+wbE"zi!3{oUnp}o;n}BMi1$f&qfB"&ns66E'jJ"H^,]p/U[Uv; U4R"L|A:h6thVtr=Y**/ 0000095686 00000 n 0000001012 00000 n 0000001656 00000 n In this context, a proper understanding of timing makes it clear that the Precinct Plan provision is to be regarded as reflecting a later drafting intention than that of the earlier Affordable Rental Housing SEPP provision. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 3. UPG went on to appeal against the decision of the Land and Environment Court. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the, Zone RE1 Public Recreation and marked Local open space, Zone RE1 Public Recreation and marked Regional open space, The corporation constituted under section 2.5 of the Act, Zone SP2 Infrastructure and marked Classified road, Zone SP2 Infrastructure and marked Local drainage, Zone SP2 Infrastructure and marked Local road, Zone SP2 Infrastructure and marked Railway, The corporation constituted under section 8 of the Act, Zone SP2 Infrastructure and marked Sydney Water drainage, Zone C1 National Parks and Nature Reserves and marked National Park, If land, other than land specified in the table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. |Jh(EW)1H5hN.3%HsG(?R i\quNAcR5svA5P"N$tHXK +)Yr-8BFB n 5j:3}v1##CzH2JD]1OSdv:'ElyWqXl=Ki4\^7TyL.T >c\P)x There is a very strong presumption that a legislative authority does not intend to contradict itself. %PDF-1.5 % vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 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! On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 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). endstream endobj 1576 0 obj <>stream The majority (Justice Basten and Justice Gleeson) held that: 1. Map Types Map Sheet ID number Date of . SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! Planning Proposal 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 . Landscaping material supplies are a type of, Livestock processing industries are a type of. Blacktown Local Environmental Plan 2015 Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto. 0000314034 00000 n 4 0 obj See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. 9. uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc Land Reservation Acquisition Map Definition | Law Insider PDF NSW Department of Industry publication - Amazon Web Services Blacktown Local Environmental Plan 2015 - NSW Legislation See clause 5.4 for controls relating to the floor area used for a home business. See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. 5 Jun. Map Types Map Sheet ID number Date of Application . k1n-s+u|U%u JP!CFVp$kkpv.S `0&rNo LGNgIgO 2&ugG]L?O'ql?ITmUFG")MvR':%D3yN }WdvMyS'4L}$Z#m+'pC 2Qrn.3UUv@*-=WdJ4Jc 2^c!ll*o^QnpE\L.tvLkXVF9[zoRYMq]Z8Hv]kc~h#Mw{Sf){V{#!NRr[r gZKhmz&'TwFB. 0000046292 00000 n and progress corresponding draft amendments to Blacktown Development Control Plan 2015, to implement the statutory elements of the land use planning strategy outlined in the Riverstone Town Centre Masterplan forward the Planning Proposal to the Department of Planning and Environment seeking a Gateway Determination to exhibit the proposal 0000314287 00000 n Land Reservation Acquisition Map- Sheet LRA_009 Projection: GDA 1994 MGA Zone 56 Map Identification Number: Blacktown Local Environmental Plan 2015 0750_COM_LRA_009_020_20180403 N Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. Blacktown Local Environmental Plan (Sydney Region Growth Centres North West Growth Centre) (Map No 2) 2021 (2021-284) LW 11 June 2021 (NSW); Date made: 01/01/2021 PDF Land Reservation Acquisition Map - Sheet LRA 007 - Microsoft 2020-03-09T13:28:29+11:00 The portion of land at 41, 43 and 45 Hunter Street, as shown in Figure 10 of this report, is identified on the Land Reservation Acquisition Map to facilitate the creation of a 6 metre wide laneway to provide future vehicle access to these three sites and 181 Church Street, Parramatta. ;g hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb 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. Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. Sawmill or log processing works are a type of. 0000056433 00000 n See clause 5.4 for controls relating to the gross floor area of roadside stalls. 1. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream 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. O |A1X3!f?~`@ Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. 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. 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. In addition, Acting Justice Emmett observed that the terms lot size and site area as used in the Growth Centres SEPP and the Affordable Housing SEPP referred to distinct concepts, and since each dealt with different matters, in his view there was no inconsistency between the two planning requirements. 0000046676 00000 n if no additional parking is to be provided on the site. Confirm the zoning and applicable rules for . 0000123222 00000 n Section 3.28(1) of the Environmental Planning and Assessment Act 1979 (EPA Act)states: (1) In the event of an inconsistency between environmental planning instruments and unless otherwise provided, (a) there is a general presumption that a State environmental planning policy prevails over a local environmental plan or other instrument made before or after that State environmental planning policy, and. BsJrqF?xe|W?^eN6h.B]mmE)xcj$|~H3Z W./3iT^~[JDp3QU=y8uy|-Rn&QzXj>No)H*oKQOQ7E S @q,h hdFOilCREz&ZXlIv2m.BmL?K&V9>L6P/giB'XJKR1w,7yxr,-GhI1R2Pv % %PDF-1.4 % Land Acquisition (Just Terms Compensation) Act 1991, Land Acquisition (Just Terms Compensation) Act 1991, Zone RE1 Public Recreation and marked "Local open space", Zone RE1 Public Recreation and marked "Regional open space", Zone SP2 Infrastructure and marked "Classified road", Zone SP2 Infrastructure and marked "Local drainage", Zone SP2 Infrastructure and marked "Local road", Zone SP2 Infrastructure and marked "Railway", The corporation constituted under The Affordable Rental Housing SEPP operates on a statewide basis. UPG were of the view that the two limbs were not cumulative and that Council could not refuse consent if one or the other were satisfied. Claims of contradictions between provisions coming from one legislative source (such as the State Government in State Environmental Planning Policies) should not be accepted unexamined. p] section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". Adobe Acrobat 11.0.1 Specialised retail premises are a type of, Take away food and drink premises are a type of, Vehicle sales or hire premises are a type of, Waste or resource transfer stations are a type of. endobj The combination of these two factors weighs overwhelmingly in favour of cl4.1AC of the Precinct Plan displacing the contradictory provision in the Affordable Rental Housing SEPP. Land Reservation Acquisition Map. 0000092961 00000 n 0000031792 00000 n This report recommends that Council take the initiative to protect Gilgandra Reserve for the local community by rezoning the land RE1 Public Recreation and noting it on the Land Reservation Acquisition Map. 1572 0 obj <> endobj 0000001580 00000 n Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 Fort Wallace, 338 Fullerton Street, Stockton Blacktown Local Environmental Plan 2015 2. 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. 0000000952 00000 n HS8R>$?A0' V]`sT_~;3k:>I_?Z'>#>\>syfngzW[#,q%n`1S"Y>G7# 2XGl%_?)5?^3 V._r8;gNPp9 s`GsLGOg$b"Y,W mtlQb{#),\@99K8vvYs'64p$E[L:p(g~N88Joj/"Y*bqvg|eg,#p`aKWElVr_qV}*^*1>ok+8"B~*_f$R`c!:Y3;G?g|re :B/UGg++O&($kKsRY_MMJgCmCY=ZTVqXt6lL~E8{P.0&g,V&^*c=]g{[el6;sxsT0PA-;>G166[s)Fwe4Pl6EnXoX}dX+Vr6s8Aek`vZ>[;\Y{HV"|fo}~/zEab_F;w65Ew\O+j1,Z\; 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. 0000292251 00000 n 0000001615 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. 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). Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. 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 Qualifying Acquisition has the meaning specified in Section 5.03. The following Blacktown LEP 2015 . Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & The following local road connections are proposed as part of this Planning Proposal: o Main Street to Marcell Crescent and Panorama Parade o Hereward Highway to Bungarribee Road. endstream endobj 1 0 obj <> endobj 2 0 obj <>stream 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) 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. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. Exempt development may be carried out without the need for development consent under the Act. The development application and Land and Environment Court appeal. 1.2 Aims of Plan. &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~! 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). Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4 P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> 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. 0000000016 00000 n HW TW'A"K1%(mq ."-X-.L(rm(P#j $euRUsE'!&j9Gw}wGg)VX@oNU`lYM R\bq"Xw+;kYgY/4. 0000059319 00000 n Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . 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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