0000001657 00000 n JCfJ+XC9wt?G@%-rqD)QLyYN(36Q& LJE\4) 0 hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb 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 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. 0 1. Land Reservation Acquisition Map. 0000035739 00000 n Proposed Amendment to Campbelltown %PDF-1.5 % 0000156572 00000 n 1395w-3a. 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. For further information please see. Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. See clause 5.4 for controls relating to the floor area used for a home business. 1572 0 obj <> endobj 2 Permitted without consent Environmental protection works; Flood mitigation works Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N 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. trailer UPG went on to appeal against the decision of the Land and Environment Court. 0000001615 00000 n Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. efy_%5HX4WB,&hcAywh& XViMMJ"JC&!T{"SaQnj/7jL,R*J PP See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. O . <> !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**/ uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 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. 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. 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. Exploring environmental, planning and construction law issues in New South Wales. The maps adopted by . (2) The particular aims of this Plan are as follows. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. 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. 0000001656 00000 n 4 24 1.2 Aims of Plan. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure). 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. Click here to view Blacktown Local Environmental Plan 2015. 27 0 obj <>stream The majority (Justice Basten and Justice Gleeson) held that: 1. Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. The Campbelltown LEP 2015 applies to West Glenfield. 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). 0000292498 00000 n 0000095686 00000 n 0000314287 00000 n We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. The following Blacktown LEP 2015 . Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013 LZN 001 : SEPP_WSEA_LZN_001_20090805 (2.5 mb) . Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . %%EOF Artisan food and drink industries are a type of, Backpackers accommodation is a type of. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 0000183545 00000 n 3. endobj 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. O |A1X3!f?~`@ TR&U)7r8& (2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. endstream endobj startxref WTd(9e61~Wh (b)Zone R3 Medium Density Residential. 0000056433 00000 n 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. Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 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. (5) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4). endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream k1n-s+u|U%u JP!CFVp$kkpv.S `0&rNo LGNgIgO 2&ugG]L?O'ql?ITmUFG")MvR':%D3yN }WdvMyS'4L}$Z#m+'pC 2Qrn.3UUv@*-=WdJ4Jc 2^c!ll*o^QnpE\L.tvLkXVF9[zoRYMq]Z8Hv]kc~h#Mw{Sf){V{#!NRr[r gZKhmz&'TwFB. endstream endobj 4 0 obj <> endobj 12 0 obj <>stream A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care servicesee the. The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. hTk0W>F6iRAd =8- U~kcyS0jIy^U&r1{t9`w?+7}"[Upq* :~q6T$"%'B"Q}6`c9,bH"#%I0+}|3fnWV8WWX?a~(EPQss^P?2$7mmB O 9B:VQ }d'!!*34o4f}CvnDrQXLC`g By '[Bd/ 8UyMyG /(A3!D! %%EOF 0000222205 00000 n 2020-03-04T10:38:02+11:00 &5PH5sahpfI,L3+Q\eT 5>NEUN/M'F#oVT9Ou#FxMhcy='J6{GTT$``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~! vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . 1 0 obj 2020-03-09T13:28:29+11:00 0000183161 00000 n p] Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. 9. The Affordable Rental Housing SEPP operates on a statewide basis. In summary, this was because: a. 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) 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 . We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. 2. Use full site acts as a barrier to approving the Companys development proposal for the site. application/pdf 2 0 obj Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. 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. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. hb``e``va```. 4 0 obj 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). uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. that land. u 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. }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4 P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> "\=B^Q C/4qW C3Hx9b_njJ.U4MAjdi9"{k!&{P+1# %44:+pFr9U; 6aN>8Sn}QjTh|J=gaYntV\L+#6'Soo=_@"Q2=e6'Ds Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. The development application and Land and Environment Court appeal. (1) Development to which this Division applies may be carried out with consent. 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! Hotel or motel accommodation is a type of. 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. Clause 2.6 requires consent for subdivision of land. 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. Landscaping material supplies are a type of, Livestock processing industries are a type of. 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. 0000031792 00000 n 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. 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.