blacktown local environmental plan 2015 land reservation acquisition map

Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. 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. 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. 1.1AA 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. 4 0 obj <> endobj 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. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. 0000183161 00000 n (b)Zone R3 Medium Density Residential. 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. hb``e``va```9 Land Reservation Acquisition Map. ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG $*I 9Sz'qBYYH ?DvU0^dn7]Lk|#>-V "lq&q,w1V%mE0cF'OXa3 ".x2n0RLV4Q Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. This report seeks Council's resolution to amend the zoning of Gilgandra Reserve from R2 Low Density Residential to RE1 Public Recreation and to note the site on the Land Reservation Acquisition Map of Waverley Local Environmental Plan 2012 in order to ensure the land remains available to the local community as a local park. 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 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. 0000001657 00000 n The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. CCllaassssiiffiieedd D RRooaadd ((SSPP2)2) LLooccaall OOppeenn SSppaaccee ((RREE11)) L R LLooccaall RRooaadd ((SSPP22)) T R T T RIVERSTONE Local T Road (SP2) T T T Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. 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. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r 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. On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. Company Acquisition means (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which the stockholders of the Company immediately preceding such transaction hold less than fifty percent (50%) of the aggregate equity interests in the surviving or resulting entity of such transaction, (ii) a sale or other disposition by the Company of assets representing in excess of fifty percent (50%) of the aggregate fair market value of the Company's business immediately prior to such sale, or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of shares representing in excess of fifty percent (50%) of the voting power of the then outstanding shares of capital stock of the Company. CoM. 9. 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 On 9 June 2020 the Court of Appeal handed down a decision which considered the interaction of minimum lot size clauses across two State Environmental Planning Policies. Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). 1600 0 obj <>stream Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. The maps adopted by this Plan are to be made available on the NSW Planning Portal. 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). Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. O |A1X3!f?~`@ SEPP_SRGC_NW_LRA_009_020_20210908 . 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). Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. hb``e``va```. 0000000776 00000 n \FE D^ _PP Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . 0000001615 00000 n |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 xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 identifies where further detailed . A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). . efy_%5HX4WB,&hcAywh& XViMMJ"JC&!T{"SaQnj/7jL,R*J PP The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water. Sign up to be notified each time we post an article, A consent authority must not refuse consent to development to which this Division applies on either of the following grounds, cl 4.1AC of the Precinct Plan was inserted by an amendment to the Growth Centres SEPP, made some nearly five years after the coming into effect of the Affordable Rental Housing SEPP. 0000024572 00000 n 003003003003003003 008008008008008008 007007007007007007007007007 006006006006006006006006006 0 100 200 Metres Cadastre Land Reservation Acquisition Sheet LRA_001 Classified Road (SP2) Regional Open Space (RE1) Local Open Space (RE1) Cadastre 10/11/2016 Kogarah City Council Kogarah Local Environmental Plan 2012 . Map Types . Company Acquisition Agreement has the meaning set forth in Section 5.04(a). ;g Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N (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. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. if no additional parking is to be provided on the site. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 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. 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. xref 0000095686 00000 n Agricultural produce industries are a type of. (2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. Sawmill or log processing works are a type of. 4 24 Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream %PDF-1.5 % Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. 2 0 obj When this Plan was made it did not include all of these zones. 0000222205 00000 n endstream endobj 5 0 obj <> endobj 6 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/Properties<>>>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1191.0 842.259]/Type/Page>> endobj 7 0 obj [/ICCBased 19 0 R] endobj 8 0 obj [/Indexed 7 0 R 61 20 0 R] endobj 9 0 obj <>stream 0000001614 00000 n % 0000157142 00000 n Hotel or motel accommodation is a type of. endobj 2. The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . 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. 8. 0350_COM_LZN_001_020_20150717 (874 kb) 22 Jan 2016 to date: Bankstown Local Environmental Plan 2015 (Amendment No 3) LZN_001 : 0350_COM_LZN_001_020_20150211 (833 kb) 5 Mar 2015 to 21 Jan 2016: LZN_002 . 0000017691 00000 n The majority (Justice Basten and Justice Gleeson) held that: 1. 1.2 Aims of Plan. 0000046292 00000 n 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. JCfJ+XC9wt?G@%-rqD)QLyYN(36Q& LJE\4) 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$O,7J#8ec1 0000000016 00000 n Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. Amend the Land Reservation Acquisition Map (Sheet LRA_005) to remove Council as the acquisition authority over the rezoned portion of each residential lot and road. 27 0 obj <>stream Claims of contradiction between State Environmental Planning Policies should be examined closely. 3. Council resisted UPGs application on the basis that the land was below the minimum lot size standard of 450 square metres set by clause 4.1AC of the Growth Centres SEPP. The minimum lot size requirement of clause 4.1AC was therefore applicable and the Council was obliged, absent a clause 4.6 variation request, to refuse consent to the proposed development on that ground. 1. Since the secondary dwelling was located within the principal dwelling, it was UPGs submission that the development application could not be refused even though the lot size was less than 450 square metres. 0000183545 00000 n F8e-:WbG, sgQ (7T+Iaxr`O|dyf:m\7pz-$Gl<6{\$ $O|P.^xI*jc|95!yi.4 x@na5J)M01E*45:Ob"i%V" 5mPFIo5EX1Q [BN=XIyn[l!'9=X1xz8rw(\O!@*Z\_sj!bYuY r:0|`NHt' 4):{M5Qh;`%FMK3nCc[BkZ cL tokA?O-=>7 3^nEBz>Fk=OyoQ Q!+w(cmuO};XAlw. 8z-c! startxref p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! Land Reservation Acquisition Map- Sheet LRA_009 Projection: GDA 1994 MGA Zone 56 Map Identification Number: Blacktown Local Environmental Plan 2015 0750_COM_LRA_009_020_20180403 N Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) 0000257820 00000 n )JM /0 z S Use full site Exempt development may be carried out without the need for development consent under the Act. SiZ`[61;_cvyvr&]A 80'@oq0d4#M1pXq2&n,1*=p=5lm(1: pd6TJ Q = ; .AMhFA(YVna|7iym=+Y}Xx.$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 Part 5 contains other provisions which require consent for particular development. WTd(9e61~Wh The decision was written by Justice Moore. Determination of the Land and Environment Court. 0000000952 00000 n That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. endstream endobj 4 0 obj <> endobj 12 0 obj <>stream 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. 0000292251 00000 n 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. The Draft ITP is anticipated to have recommendations that may have consequential amendments to CBD planning controls at a later stage, such as revisions to the Land Reservation Acquisition Map for local road widening acquisitions, and refinements to off- street car parking rates. 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. 1395w-3a. Map Types Map Sheet ID number Date of . 27 0 obj <>stream See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. endstream endobj 1 0 obj <> endobj 2 0 obj <>stream Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . The preferred view was that the Affordable Housing SEPP was to prevail. Area) Local Environmental Plan 2002 applies. 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 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 . 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 . eY O Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . 1. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. . See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. 0000257933 00000 n See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. 4 0 obj <> endobj &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~! %PDF-1.6 % u 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. . In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 85/27795, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 1/228688, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 161/29659, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/1164625, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 5A/11349, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 82/202949, Headingly Reserve, Redwood Street, Blacktown, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 30/204269, Part of Lot 230, DP 600232 identified, as Operational Land on the, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 230/600232, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 131/249254, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/250716, Lots 41 and 42, DP 818818 and Lot 5, DP 858865, Reservations and conditions in the Crown Grant as noted on Certificates of Title Folio Identifiers 41/818818, 42/818818 and 5/858865, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 431/812674, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3152/714465, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 101/771563, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 51/31087, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 50/28701, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3/226547, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 13/262177, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 47/263823, Part of Lot 12, Section 5, DP 8981, identified as Community Land on the, Part of Lot 1, DP 1014984, identified as Community Land on the, Part of Lot 11, Section 3, DP 8981, identified as Community Land on the, 50 Sorensen Crescent (also known as 3032 Anderson Avenue), 2 Erith Street (also known as 17 Lancelot Street), Blacktown Railway Stationsignals building, Corner of Lancelot and Merlin Streets (public reserve), Huntingwood, Minchinbury, Mount Druitt and Prospect, 1 Eire Way (also known as 14 Glenheath Avenue, Cavenah Way), Corner of Glenheath Avenue and Cavenah Way, Lots 9118 and 9119, DP 730969 and Lot 8078, DP 732456, HouseMount Druitt Stationmasters Residence (former), 22A Mount Druitt Road (corner of Beames Avenue), 104 Mount Druitt Road (also known as 42 Ropes Creek Road), HouseSchoolmasters Residence (former), 59 Nelson Street (also known as Great Western Highway, 1 Mark Archer & Alan Streets), Simpson Hill Road and Great Western Highway, Part of Lot X, DP 412362 and part of Lot 12, DP 28045, 12 Hanna Place (also known as 54 Hyatts Road), Old Windsor Road, 40 metres south of Meurants Lane to the proposed Castlereagh Freeway and from Caddies Creek, 280 metres southward, 327 Rooty Hill Road North (also known as 2 Appleby Place, 48 Bottles Road), 441 Blacktown Road (also known as 2 Fox Hills Crescent), Lots 221224, DP 812455 and Lot 1, DP 325874, Reservoir Road/Tarlington Place/Yallock Place/Honeman Close, 19 Elizabeth Street (also known as 40 Hunter Street), Corner of Garfield Road East and Piccadilly Street, Lot 39, DP 864977 and Lots 4 and 5, DP 261340, 62 Garfield Road East (Corner Oxford Street), Bicentennial Museumformerly public school, then Masonic Hall, 20 Railway Terrace (corner of Elizabeth Street), Regent Street (also known as 71 McCulloch Street), 122 Regent Street (also known as 52 McCulloch Street), 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue, HouseStationmasters Residence (former), Corner of Riverstone Parade and Garfield Road East, HouseFairholme (now part of St Agnes High School), 1 Rooty Hill Road North (also known as 11 North Parade Premier Lane), 32 Rooty Hill Road South (corner of Barker Street), 45 Rooty Hill Road South (corner of Dunsmore Street), Two weatherboard school buildingsSeven Hills North Public School, Church, rectory and hallSt Andrews Church Group (former), 369 Seven Hills Road (also known as 2 Nattai Street), Grantham Poultry Research Station (former) comprising Melrose House and Drumtochty and their surrounds, Lots 360362, DP 48686 and Lot 4, DP 739331, Archaeological siteNative Institute site, Lot 1, DP 1043661; Part of Lot 60, DP 1055132; Part of Lot 5, DP 792478; Lots 50015003, DP 869400, Archaeological siteRuins of the Government Depot.

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