u 0000254934 00000 n Qualifying Acquisition has the meaning specified in Section 5.03. Sewage reticulation systems are a type of. 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. 0000059432 00000 n Exempt development may be carried out without the need for development consent under the Act. 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|. F Part 6 - Active Street Frontages Map 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 . 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 On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 0000001656 00000 n See clause 5.4 for controls relating to the gross floor area of a kiosk. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 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. %PDF-1.4 % On 10 August 2018, Universal Property Group (UPG) lodged a development application with Blacktown City Council (Council) for the construction of a secondary dwelling located within a principal dwelling at 17 Lennox Street, The Ponds. 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. (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. The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. 0000031792 00000 n UPG went on to appeal against the decision of the Land and Environment Court. 0000001012 00000 n 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in 0000001657 00000 n Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 Part 5 contains other provisions which require consent for particular development. The minimum lot size requirement of clause 4.1AC was therefore applicable and the Council was obliged, absent a clause 4.6 variation request, to refuse consent to the proposed development on that ground. bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q a proper understanding of timing makes it clear that the Precinct Plan provision is to be regarded as reflecting a later drafting intention than that of the earlier Affordable Rental Housing SEPP provision. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. . 0000157142 00000 n The portion of land at 41, 43 and 45 Hunter Street, as shown in Figure 10 of this report, is identified on the Land Reservation Acquisition Map to facilitate the creation of a 6 metre wide laneway to provide future vehicle access to these three sites and 181 Church Street, Parramatta. Company Acquisition Agreement has the meaning set forth in Section 5.04(a). (b)Zone R3 Medium Density Residential. startxref If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or, State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies. 1qb@NA o>$ {mGWPyB{My/x 0000001615 00000 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. Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. The Court of Appeal Supreme Court of NSW. Council resisted UPG's 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. There is a strong presumption that SEPPs are not contradictory. The following Blacktown LEP 2015 . endstream endobj 49 0 obj <>stream 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. }@m#k0)p5,W bpJH4pNA}ssxzDX}q-m4D7{c4 P/RRL hqWt.e^>R)"~n&i aAuFn IW\,CHyt(dUqK'>+i(/b-P> 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. 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 Land Reservation Acquisition Map. 48 0 obj <>stream %PDF-1.5 We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 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). On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 1600 0 obj <>stream !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**/ 2 0 obj uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 Artisan food and drink industries are a type of, Backpackers accommodation is a type of. The term may include (but is not limited to) places that are declared under section 84 of the. 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. 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. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. 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. ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act. endstream endobj 1576 0 obj <>stream endstream endobj 50 0 obj <>stream 0000257820 00000 n See clause 5.4 for controls relating to the gross floor area of roadside stalls. There is a very strong presumption that a legislative authority does not intend to contradict itself. Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time. xref 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. (2) The particular aims of this Plan are as follows. eY ;g <> See clause 5.4 for controls relating to the floor area used for a home industry. 4 24 On 9 June 2020 the Court of Appeal dismissed the appeal. Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. Map identification number: . The maps adopted by . hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb endobj A aHP $9Zf*e50I62M{T4nVLd1 @ '` SEPP_SRGC_NW_LRA_009_020_20210908 . Acquisition Co has the meaning set forth in the first paragraph of this Agreement. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. w_yLc|\qPKrYC9s_8}xeAM]~SdLw(c_]!6^c+VVwlF,{Tmen)gZ_([.=epF]e31[xLgK}*PM xjtejA zcw&VzBJF, TBCx@[/H H&]yr #Lxh2znSq ZE<7 dFJ,N)IJ,Pb5w4F:9U '|CQw!2@ALnXj{/1 On 21 November 2019 the judgment was handed down by the Land and Environment Court. SiZ`[61;_cvyvr&]A 80'@oq0d4#M1pXq2&n,1*=p=5lm(1: pd6TJ Q = ; .AMhFA(YVna|7iym=+Y}Xx.$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=$EuGulj6`PFO03dPMvY.+v.#J#9@p?^+X.&rC Map Types Map Sheet ID number Date of Application Amending . endobj Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies. 1395w-3a. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. This conclusion is, in my view, irresistible. 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. 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. Permitted Acquisition Consideration means the aggregate amount of the purchase price, including, but not limited to, any assumed debt, earn-outs (valued at the maximum amount payable thereunder), deferred payments, or Capital Stock of the Borrower, net of the applicable acquired companys cash and Cash Equivalent, balance (as shown on its most recent financial statements delivered in connection with the applicable Permitted Acquisition) to be paid on a singular basis in connection with any applicable Permitted Acquisition as set forth in the applicable Permitted Acquisition Documents executed by the Borrower or any of its Subsidiaries in order to consummate the applicable Permitted Acquisition. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable. that land. 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. 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 development application and Land and Environment Court appeal. 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. 0000031228 00000 n 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. Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. 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. Intensive livestock agriculture is a type of. 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) Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. if no additional parking is to be provided on the site. 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.