0000001012 00000 n Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> , endstream endobj startxref UPG went on to appeal against the decision of the Land and Environment Court. 1.2 Aims of Plan. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . 0000000953 00000 n 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. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. 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be inconsistent, Justice Moore was correct to conclude that clause 4.1AC of the Growth Centres SEPP was not impliedly repealed by clause 22 of the Affordable Housing SEPP, given that clause 4.1AC was inserted into the Growth Centres SEPP nearly five years after the commencement of the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. 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. ;|kN~SENG_~+W=W J 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. p] 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) 0000059082 00000 n 2. Exempt development may be carried out without the need for development consent under the Act. 0000095686 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. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r LP(^WD-cyys!71T0)~m& .dC\S"Dg 0000114746 00000 n Land Reservation Acquisition Map. 0000000776 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. 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. Map Types Map Sheet ID number Date of . Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. 4 0 obj <> endobj Clause 2.6 requires consent for subdivision of land. Sewage reticulation systems are a type of. 0 See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings. 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. Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. 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. 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. section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". 0000059432 00000 n Esri ArcMap 10.3.1.4959 0000222205 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. 1584 0 obj <>/Filter/FlateDecode/ID[]/Index[1572 29]/Info 1571 0 R/Length 81/Prev 575691/Root 1573 0 R/Size 1601/Type/XRef/W[1 3 1]>>stream See clause 5.4 for controls relating to the floor area used for a home industry. (3) The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established as determined in accordance with clause 4.1AB, 4.1AE or 4.1AG. %%EOF 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 . uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc 0000292498 00000 n '|CQw!2@ALnXj{/1 %PDF-1.5 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. 0000001615 00000 n 0000314034 00000 n Q!j!` Q 2020-03-04T10:38:02+11:00 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. 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. xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 &5PH5sahpfI,L3+Q\eT 5>NEUN/M'F#oVT9Ou#FxMhcy='J6{GTT$``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~! Acquisition Co has the meaning set forth in the first paragraph of this Agreement. 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. <]/Prev 343272>> BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - Made under the Environmental Planning and Assessment Act 1979 - As at 14 August 2020 - Reg 239 of 2015 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1.1.Name of Plan 1.1AA.Commencement 1.2.Aims of Plan 1.3.Land to which Plan applies 1.4.Definitions 1.5.Notes 1.6.Consent authority 1.7.Maps 1.8.Repeal of planning instruments applying to land 1.8A. 2 Permitted without consent Environmental protection works; Flood mitigation works (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). On 9 June 2020 the Court of Appeal dismissed the appeal. . 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 . <> Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. 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. 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. OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. Business Acquisition means the acquisition of a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company. 0000000016 00000 n (1) Development to which this Division applies may be carried out with consent. hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k -8'h08p34w|e:qd0-ep5s:<= yp1s9PPgZp"0>hdp0+4,U/0P/MmKM-MMR@1}fGE{{gg{GgyWM,KAh`,Nb)HiQ`; r]dA[PTQdWDl6x|70,Vc Ih 0d$:p` ,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. 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. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 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. informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. 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. 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). Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). @_eYWb/2Hl/t\qWob3930 JaL} 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. %PDF-1.5 % 2 0 obj trailer 3. Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. 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 The decision was written by Justice Moore. 48 0 obj <>stream 4 24 Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. 0000156572 00000 n 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. h2U0P,H.)*M. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage 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 . that land. 0000031792 00000 n Claims of contradiction between State Environmental Planning Policies should be examined closely. If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. (b)Zone R3 Medium Density Residential. Map Types Map Sheet ID number Date of Application Amending Instrument; BIO_002 : 0750_COM_BIO_002_020_20150122 (214 kb) 7 Jul 2015 to date: BIO_003 : 0750_COM_BIO_003_020_20150122 (596 kb) Second, whilst it is true that the Affordable Rental Housing SEPP provision relates to a narrower housing typology of secondary dwelling than the allembracing secondary dwelling typology contained in cl 4.1AC of the Precinct Plan, this narrowing is not as significant as the relevant geographic comparison of the two provisions areas of operation. 0000024572 00000 n 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. startxref This conclusion is, in my view, irresistible. bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q State Environmental Planning Policy (Sydney Region Growth . 1. See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. 0000292251 00000 n Access Blacktown LEP 2015. The term may include (but is not limited to) places that are declared under section 84 of the. 2. 27 0 obj <>stream The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. eY 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). BLACKTOWN LOCAL ENVIRONMENTAL PLAN 2015 - DICTIONARY (Clause 1.4) Note : The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan. Adobe Acrobat 11.0.1 We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. 4 Maps . When this Plan was made it did not include all of these zones. Map Types Map Sheet ID number Date of Application Amending . endstream endobj 4 0 obj <> endobj 12 0 obj <>stream 0000046676 00000 n Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). The Court of Appeal Supreme Court of NSW. See clause 5.4 for controls relating to the gross floor area of roadside stalls. Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. 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. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 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.
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