identifies where further detailed . On 9 June 2020 the Court of Appeal dismissed the appeal. 0000031228 00000 n 1. !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**/ Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). % Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream 0000001615 00000 n See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. 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. 0000001013 00000 n 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) Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. 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 . The Affordable Rental Housing SEPP operates on a statewide basis. 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be inconsistent, Justice Moore was correct to conclude that clause 4.1AC of the Growth Centres SEPP was not impliedly repealed by clause 22 of the Affordable Housing SEPP, given that clause 4.1AC was inserted into the Growth Centres SEPP nearly five years after the commencement of the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. 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. This conclusion is, in my view, irresistible. Qualifying Acquisition has the meaning specified in Section 5.03. "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 . 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$l2 :@j q`1m@@K:060 ,Y?8D}>90|. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. h.+ Artisan food and drink industries are a type of, Backpackers accommodation is a type of. Collateral Management Agreement The agreement dated as of the Closing Date, between the Issuer and the Collateral Manager relating to the management of the Collateral Obligations and the other Assets by the Collateral Manager on behalf of the Issuer, as amended from time to time in accordance with the terms thereof. '|CQw!2@ALnXj{/1 (ii) the site area is at least 450 square metres. endstream endobj 1576 0 obj <>stream Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. The maps are supplied by the Department of Planning and Environment (DPE) - any enquiries about the content with in the maps should be directed to the department. HS8R>$?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\; 0000000953 00000 n 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. There is a strong presumption that SEPPs are not contradictory. 0000001656 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. In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. 3. https://legislation.nsw.gov.au/view/pdf/asmade/epi-2021-294, Gateway Alteration - Letter to Council 17072020.pdf, Gateway Aleration - Letter to Council 24022020.pdf, Alteration of Gateway determination 2402020.pdf, Request for Gateway Extension - St Bartholomews PP.pdf, Alteration of Gateway determination 17072020.pdf, Detailed survey - Land Partners - 27 April 2018.pdf, Ecological Report - Ecological - June 2018.pdf, Geotech - Geotechnique Pty Ltd - 21 June 2018.pdf, Heritage Assessment - Navin Officer - June 2018.pdf, Stormwater Management - ARUP - 28 June 2018.pdf, Transport Impact - GTA Consultants - 22 June 2018.pdf, Utilities - onpointlocating - 23 April 2018.pdf, Utilities Strategy Report - ARUP - 28 June 2018.pdf, Contamination Report - Presna - May 2018.pdf, Local Development Performance Monitoring (LDPM), Blacktown LEP 2015 (Amendment 22) - St Bartholomew's Cemetery Expansion (0 dwellings, 66 jobs). Map 3.12 Survey Plan Map - Boundary Adjustment . Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! Claims of contradiction between State Environmental Planning Policies should be examined closely. <]/Prev 343272>> The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. BsJrqF?xe|W?^eN6h.B]mmE)xcj$|~H3Z W./3iT^~[JDp3QU=y8uy|-Rn&QzXj>No)H*oKQOQ7E S @q,h hdFOilCREz&ZXlIv2m.BmL?K&V9>L6P/giB'XJKR1w,7yxr,-GhI1R2Pv % 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). The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act. 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. 0000000776 00000 n 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). vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . . 0 xref 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. h2U0P,H.)*M. 0000314034 00000 n 0000095686 00000 n 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 Agricultural produce industries are a type of. 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 startxref Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. The amendments proposed to the Land Reservation Acquisition (LRA) Map are illustrated in Figure 9, Part 4. 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. Limited Condition Acquisition means any acquisition, including by way of merger, amalgamation or consolidation, by the Issuer or one or more of its Restricted Subsidiaries whose consummation is not conditioned upon the availability of, or on obtaining, third party financing; provided that the Consolidated Net Income (and any other financial term derived therefrom), other than for purposes of calculating any ratios in connection with the Limited Condition Acquisition, shall not include any Consolidated Net Income of or attributable to the target company or assets associated with any such Limited Condition Acquisition unless and until the closing of such Limited Condition Acquisition shall have actually occurred. \FE D^ _PP 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. 0000292251 00000 n 4. Exploring environmental, planning and construction law issues in New South Wales. Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. 0000157142 00000 n SEPP_SRGC_NW_LRA_009_020_20210908 . 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. 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. 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. that land. how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. 4 24 ;|kN~SENG_~+W=W J 4 0 obj <> endobj 2 Permitted without consent Environmental protection works; Flood mitigation works 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 . 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. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! Map Types Map Sheet ID number Date . See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r 1572 0 obj <> endobj Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care. The Affordable Rental Housing SEPP operates on a statewide basis. 27 0 obj <>stream See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. 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. trailer 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. 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). bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\ ! endstream endobj startxref Exempt development may be carried out without the need for development consent under the Act. . 2. 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 Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. 4 0 obj <> endobj That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. 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). 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. %PDF-1.5 <> 0000000016 00000 n TR&U)7r8& F Part 6 - Active Street Frontages Map 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. UPG went on to appeal against the decision of the Land and Environment Court. c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. trailer The preferred view was that the Affordable Housing SEPP was to prevail. 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. LP(^WD-cyys!71T0)~m& .dC\S"Dg 5 Jun. startxref 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. The term may include (but is not limited to) places that are declared under section 84 of the. 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. Land Reservation Acquisition Map - Sh et LRA_ 01 0 200 400 600 800 Metres Blacktown Local Environmental Plan 2015 Map identification number: 0750_COM_LRA_010_020_20150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) The term is defined as a structure used or to be used principally for the display of an advertisement. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. 1.2 Aims of Plan. 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. JCfJ+XC9wt?G@%-rqD)QLyYN(36Q& LJE\4) 0000031792 00000 n Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . u 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.
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