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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. !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**/ 4 24
Acquisition Co has the meaning set forth in the first paragraph of this Agreement. The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. On 9 June 2020 the Court of Appeal dismissed the appeal. O |A1X3!f?~`@ (2) The particular aims of this Plan are as follows. 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. Use full site There is a strong presumption that SEPPs are not contradictory. 0000035739 00000 n
2020-03-09T13:28:29+11:00 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. 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. . 0000031228 00000 n
The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. 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. 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. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 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.
PDF Land Reservation Acquisition Map - Sheet LRA 007 - Microsoft 0000314034 00000 n
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Blacktown Local Environmental Plan (Sydney Region Growth 1.2 Aims of Plan.
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Land Reservation Acquisition Map.
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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. Land Reservation Acquisition Map. 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. All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. Exempt development may be carried out without the need for development consent under the Act. 1572 0 obj
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Blacktown Local Environmental Plan (Central Business District) 2012 @_eYWb/2Hl/t\qWob3930 JaL} hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k
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,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. For further information please see. vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . Part 5 contains other provisions which require consent for particular development. HW TW'A"K1%(mq ."-X-.L(rm(P#j $euRUsE'!&j9Gw}wGg)VX@oNU`lYM R\bq"Xw+;kYgY/4. Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
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In summary, this was because: a. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. 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. 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. h.+ The maps adopted by . (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. identifies where further detailed . endstream
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On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. The decision was written by Justice Moore. 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) Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes.
State Environmental Planning Policy (Western Sydney Employment Area Bankstown Local Environmental Plan 2015 - Planning Portal UPG went on to appeal against the decision of the Land and Environment Court.
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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. 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. 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 . 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). F Part 6 - Active Street Frontages Map Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. 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. 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. A
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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. 1600 0 obj
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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. Heritage conservation areas (if any) are shown on the. 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\
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Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. The term may include (but is not limited to) places that are declared under section 84 of the. The Affordable Rental Housing SEPP operates on a statewide basis. The reserved land .
PDF NSW Department of Industry publication - Amazon Web Services You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. The majority (Justice Basten and Justice Gleeson) held that: 1. See clause 5.4 for controls relating to the gross floor area of roadside stalls. 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)
Environmental Planning and Assessment Act 1979 If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. LP(^WD-cyys!71T0)~m& .dC\S"Dg %PDF-1.5
State Environmental Planning Policy (Sydney Region Growth . 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) 4 0 obj
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Planning Proposal to amend Blacktown Local Environmental Plan 2015 as it applies to the Blacktown Health and Education Precinct, located between Blacktown CBD and Blacktown Hospital. 2 0 obj
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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. Confirm the zoning and applicable rules for .
PDF Classified Land Reservation Acquisition Map - Sh et LRA 01 - Microsoft 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. endstream
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Map Types Map Sheet ID number Date of Application Amending .
Blacktown Local Environmental Plan 2015 - Blacktown City 2. A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . The maps adopted by this Plan are to be made available on the NSW Planning Portal. 1395w-3a.
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. ]Y5;DKHex.Ktzfu}
?pfoq{umy!ao. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. Map Types Map Sheet ID number Date of .
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. 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 Claims of contradiction between State Environmental Planning Policies should be examined closely. 0000017691 00000 n
WTd(9e61~Wh Exploring environmental, planning and construction law issues in New South Wales. The following local road connections are proposed as part of this Planning Proposal: o Main Street to Marcell Crescent and Panorama Parade o Hereward Highway to Bungarribee Road.
Land Reservation Acquisition Map - Sheet LRA 011 Intensive livestock agriculture is a type of. TR&U)7r8& The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. 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. Q!j!` Q
c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size.
PDF Rockdale Local Environmental Plan 2011 - Rockdale Town Centre 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. %%EOF
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. The term is defined as a structure used or to be used principally for the display of an advertisement.