(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. Map Types Map Sheet ID number Date of Application . 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 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. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. 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. Qualifying Acquisition has the meaning specified in Section 5.03. Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. endstream endobj 50 0 obj <>stream 0000039710 00000 n Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013 LZN 001 : SEPP_WSEA_LZN_001_20090805 (2.5 mb) . <> 0000056433 00000 n Hotel or motel accommodation is a type of. 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 Affordable Rental Housing SEPP operates on a statewide basis. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. Map Types . 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. Adobe Acrobat 11.0.1 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|. Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. Sawmill or log processing works are 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. The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. 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. !a6yW'u@BM*^2W`J+%2 c9xN[wi.4E+wbE"zi!3{oUnp}o;n}BMi1$f&qfB"&ns66E'jJ"H^,]p/U[Uv; U4R"L|A:h6thVtr=Y**/ Map Types Map Sheet ID number Date of Application Amending . ;:t1#eC|9S$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 3 0 obj 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. 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). A aHP $9Zf*e50I62M{T4nVLd1 @ '` 4 24 0000001656 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. ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. Schedule 1 sets out additional permitted uses for particular land. 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 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). 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. Click here to view Blacktown Local Environmental Plan 2015. Company Acquisition Agreement has the meaning set forth in Section 5.04(a). endobj section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". 0000314287 00000 n See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings. 0000000016 00000 n 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. Sec. 0000001614 00000 n Land Zoning Map. (1) This Plan aims to make local environmental planning provisions for land in Blacktown in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act. 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. 1. Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. \FE D^ _PP Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. endstream endobj 4 0 obj <> endobj 12 0 obj <>stream The term may include (but is not limited to) places that are declared under section 84 of the. 0 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. Confirm the zoning and applicable rules for . 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. If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. endobj 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. TR&U)7r8& The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development. 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 . Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto. how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. 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 . Ft09$ 3]%m`e+VB[M{+F%Pg&I}h )&0m!N Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. if no additional parking is to be provided on the site. The term is defined as a structure used or to be used principally for the display of an advertisement. 0000000953 00000 n (5) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4). 0000001581 00000 n UPG went on to appeal against the decision of the Land and Environment Court. xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 (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. 2. The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. 5 Jun. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. Local Development Performance Monitoring (LDPM), State Environmental Planning Policy (PrecinctsWestern Parkland City) Amendment (Miscellaneous) 2022, State Environmental Planning Policy (Western Sydney Aerotropolis) 2020, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2020, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2016, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2014, State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Ropes Creek) 2018, State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Industrial Area) 2016, Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013, State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2015, State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Pipelines) 2014, State Environmental Planning Policy (Western Sydney Employment Area) 2009. You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. 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. '|CQw!2@ALnXj{/1 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. uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc An inventory of heritage items is also available at the office of the Council. The Draft ITP is anticipated to have recommendations that may have consequential amendments to CBD planning controls at a later stage, such as revisions to the Land Reservation Acquisition Map for local road widening acquisitions, and refinements to off- street car parking rates. 0000257583 00000 n OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. 0000156572 00000 n trailer @_eYWb/2Hl/t\qWob3930 JaL} See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. 4 Maps . The decision was written by Justice Moore. The Affordable Rental Housing SEPP operates on a statewide basis. Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. Determination of the Land and Environment Court. Map Types Map Sheet ID number Date of . 2. In summary, this was because: a. HW TW'A"K1%(mq ."-X-.L(rm(P#j $euRUsE'!&j9Gw}wGg)VX@oNU`lYM R\bq"Xw+;kYgY/4. 0000114746 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. acts as a barrier to approving the Companys development proposal for the site. 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) The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . 0000059082 00000 n Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. 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. Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. %PDF-1.6 % 0000157142 00000 n 0000314034 00000 n For further information please see. 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. 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. 0000046292 00000 n Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. %PDF-1.5 % Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & eY 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. vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . 48 0 obj <>stream 0000035739 00000 n c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. ;|kN~SENG_~+W=W J 27 0 obj <>stream 0 Exploring environmental, planning and construction law issues in New South Wales. Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. Access Blacktown LEP 2015. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. endobj 2. blacktown local environmental plan 2015 land reservation acquisition mapwhat are leos attracted to physically. 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) <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R 17 0 R] /MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. Part 5 contains other provisions which require consent for particular development. <<0D821811699F9142935D0D2DA2A999D2>]/Prev 139192>> 3. 4 24 WTd(9e61~Wh 1 0 obj State Environmental Planning Policy (Sydney Region Growth . 1.1AA Commencement This Plan commences on the da y that is 6 weeks after the day on which it is published on the NSW legislation website. hb``e``va```9 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) 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. hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> , 0000031792 00000 n 0000257820 00000 n F Part 6 - Active Street Frontages Map trailer F8e-:WbG, sgQ (7T+Iaxr`O|dyf:m\7pz-$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! 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 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. endstream endobj 49 0 obj <>stream See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. See clause 5.4 for controls relating to the gross floor area of a kiosk. 3. 4 0 obj Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . 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 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. informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. 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. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . 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. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! endstream endobj 1576 0 obj <>stream CoM. Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! (2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. 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. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 The Campbelltown LEP 2015 applies to West Glenfield. endstream endobj 1 0 obj <> endobj 2 0 obj <>stream That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. 4. JCfJ+XC9wt?G@%-rqD)QLyYN(36Q& LJE\4) Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . 0000095686 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. when was lila moss diagnosed with type 1 diabetes, villa park high school famous alumni,