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. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. 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. (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). 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 2. 0000222205 00000 n An implied intention that theAffordable Housing SEPP varied the Growth Centres SEPP requirements as to minimum lot size should not be found in circumstances where there is no actual contradiction between the two instruments. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r 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. 3 0 obj Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. 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. 0000001615 00000 n Land Reservation Acquisition Map - Sheet LRA_006 02 4 6 8 M etr s Blacktown Local Environmental Plan 2015 Map id entf c o umb r: 075 _CO LRA 6 2 150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) Regional Open Space (RE1) 0000001012 00000 n See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. (c) the general presumptions of the law as to when an Act prevails over another Act apply to when one kind of environmental planning instrument prevails over another environmental planning instrument of the same kind. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. 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. 1qb@NA o>$ {mGWPyB{My/x See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. (1) Development to which this Division applies may be carried out with consent. Sec. 0000114746 00000 n 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 . identifies where further detailed . That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. 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. <> Map Types Map Sheet ID number Date of Application Amending . The term is defined as a structure used or to be used principally for the display of an advertisement. 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. endstream endobj startxref %PDF-1.6 % 0000183161 00000 n Company Acquisition Agreement has the meaning set forth in Section 5.04(a). 4 Maps . Access Blacktown LEP 2015. ;|kN~SENG_~+W=W J 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\; %PDF-1.5 % 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 . 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. 2020-03-09T13:28:29+11:00 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. stream section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". 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. 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 Part 5 contains other provisions which require consent for particular development. endstream endobj 1 0 obj <> endobj 2 0 obj <>stream %PDF-1.4 % ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. 4. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 1 0 obj 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. Map Types . Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. 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 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). 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. 8. See clause 5.4 for controls relating to the gross floor area of a kiosk. hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb 0000001013 00000 n The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. 0000000953 00000 n WTd(9e61~Wh 2020-03-04T10:38:02+11:00 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 0000000776 00000 n 0000059082 00000 n 0000000016 00000 n 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. Land reserved for acquisition Blacktown Local Environmental Plan 2015 makes provision for land included on the Land Reservation Acquisition Map to be acquired by a public authority. 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 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 Map Types Map Sheet ID number Date of . We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 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. See clause 5.4 for controls relating to the gross floor area of roadside stalls. ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG $*I 9Sz'qBYYH ?DvU0^dn7]Lk|#>-V "lq&q,w1V%mE0cF'OXa3 ".x2n0RLV4Q Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. "Aboriginal object" means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales . In the Court of Appeal, UPG submitted that if there was any inconsistency between the Affordable Housing SEPP and the Growth Centres SEPP, then the Affordable Housing SEPP prevailed. 5 Jun. Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. 2 0 obj 2020-03-09T13:28:29+11:00 Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land. '|CQw!2@ALnXj{/1 UPG were of the view that the two limbs were not cumulative and that Council could not refuse consent if one or the other were satisfied. (b)Zone R3 Medium Density Residential. vp-'9ap$-As~Cw6v~ c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k -8'h08p34w|e:qd0-ep5s:<= yp1s9PPgZp"0>hdp0+4,U/0P/MmKM-MMR@1}fGE{{gg{GgyWM,KAh`,Nb)HiQ`; r]dA[PTQdWDl6x|70,Vc Ih 0d$:p` ,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. 2 Permitted without consent Environmental protection works; Flood mitigation works The majority (Justice Basten and Justice Gleeson) held that: 1. Map Types Map Sheet ID number Date . 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. Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 CoM. Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N 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). 0000001581 00000 n Land Reservation Acquisition Map - Sheet LRA_011 02 4 6 8 M etr s Blacktown Local Environmental Plan 2015 Map id entf c o umb r: 075 _CO LRA 1 2 150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) Regional Open Space (RE1) 4 24 The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. %%EOF LP(^WD-cyys!71T0)~m& .dC\S"Dg <>>> endobj Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. O |A1X3!f?~`@ The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. 2. Exempt development may be carried out without the need for development consent under the Act. 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 Affordable Rental Housing SEPP operates on a statewide basis. 0000001657 00000 n acts as a barrier to approving the Companys development proposal for the site. 4 0 obj <> endobj UPG went on to appeal against the decision of the Land and Environment Court. . 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. In summary, this was because: a. 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. Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream This Plan applies to certain land in Schofields. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. &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~! 0000093208 00000 n (4) A consent authority must not refuse consent to development to which this Division applies on either of the following grounds, (i) the secondary dwelling is located within, or is attached to, the principal dwelling, or. See clause 5.4 for controls relating to the floor area used for a home industry. 0000114999 00000 n endobj Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. xref Posted by ; 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. 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. 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 JCfJ+XC9wt?G@%-rqD)QLyYN(36Q& LJE\4) 0000068738 00000 n Qualifying Acquisition has the meaning specified in Section 5.03. The maps adopted by . Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . 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. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. On 21 November 2019 the judgment was handed down by the Land and Environment Court.