See clause 5.4 for controls relating to the gross floor area of a kiosk. 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. 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. 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. Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. @_eYWb/2Hl/t\qWob3930 JaL} 0000000016 00000 n
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. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 4 0 obj
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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. 1600 0 obj
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Intensive livestock agriculture is a type of.
PDF Planning Proposal - Glenfield Waste Site - City Of Campbelltown See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. UPG went on to appeal against the decision of the Land and Environment Court. 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. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+!
PDF Rockdale Local Environmental Plan 2011 - Rockdale Town Centre The principal at point 1 means that there is a preference to the interpretation of legislative instruments in a way that is consistent with other instruments, where a different interpretation would create inconsistency. 0000123222 00000 n
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Enforcement action by local councils The EPAAct, Owners Consent Requirements Stokes v WaverleyCouncil. 0000254934 00000 n
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informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. Artisan food and drink industries are a type of, Backpackers accommodation is a type of. 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 0000017691 00000 n
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. Ft09$
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(2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. 0000031792 00000 n
Sawmill or log processing works are a type of. 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. . <]/Prev 343272>>
Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. O 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 . On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. 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 as a structure used or to be used principally for the display of an advertisement. endstream
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Blacktown Local Environmental Plan 2015 - Blacktown City Planning Proposal Blacktown Local Environmental Plan 2015 A
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Noting that 41 and 43 Hunter Street have only been included in the Planning Proposal for the purposes of identifying the 6m wide laneway land on the Land Reservation Acquisition Map and that no other changes will be made to the planning controls that apply to these two sites.
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Determination of the Land and Environment Court. 0000056433 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.
State Environmental Planning Policy (Western Sydney Employment Area 2 Permitted without consent Environmental protection works; Flood mitigation works 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). All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. SiZ`[61;_cvyvr&]A
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Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. HW TW'A"K1%(mq ."-X-.L(rm(P#j $euRUsE'!&j9Gw}wGg)VX@oNU`lYM R\bq"Xw+;kYgY/4.
PDF Land Reservation Acquisition Map - Sheet LRA 006 - Microsoft In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. The planning proposal seeks to amend Blacktown Local Environmental Plan 2015 to expand the St Bartholomew Cemetery in Prospect by rezoning land to the east of the cemetery, from RE1 - Public Recreation, RU4 - Primary Production Small Lots to SP1 - Cemetery and reclassify part of the subject land from 'community land' to 'operational land' and make corresponding changes to the Land Reservation Acquisition Map and Lot Size Map. See clause 5.4 for controls relating to the gross floor area of roadside stalls. Pending the designation of the acquiring authority for the land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the, Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the, Heritage items (if any) are listed and described in Schedule 5. Requests must include: (1) the name and signature of the individual making the request; (2) the name of the Privacy Act system of records to which the request relates; (3) a statement whether a personal inspection of the records or a copy of them by mail is desired; and (4) proof of identity. Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care. In the Court of Appeal, UPG submitted that if there was any inconsistency between the Affordable Housing SEPP and the Growth Centres SEPP, then the Affordable Housing SEPP prevailed. Map 3.12 Survey Plan Map - Boundary Adjustment .
Planning Proposal BsJrqF?xe|W?^eN6h.B]mmE)xcj$|~H3Z
W./3iT^~[JDp3QU=y8uy|-Rn&QzXj>No)H*oKQOQ7E S @q,h hdFOilCREz&ZXlIv2m.BmL?K&V9>L6P/giB'XJKR1w,7yxr,-GhI1R2Pv % Schedule 1 sets out additional permitted uses for particular land. 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. %%EOF
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Agricultural produce industries are a type of. Land Reservation Acquisition Map. 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 0000001580 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. 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 9. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. Land Reservation Acquisition Map. The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument. See clause 5.4 for controls relating to the floor area used for a home industry. startxref
p] The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. 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 If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. Land Reservation Acquisition Map. Company Acquisition Transaction means any transaction or series of transactions involving: (a) any merger, consolidation, share exchange, recapitalization, business combination or similar transaction involving the Company other than the Transactions; (b) any direct or indirect acquisition of securities, tender offer, exchange offer or other similar transaction in which a person or Group (as defined in the Exchange Act) of persons directly or indirectly acquires beneficial or record ownership of securities representing twenty percent (20%) or more of any class of equity securities of the Company; (c) any direct or indirect acquisition of any business or businesses or of assets that constitute or account for twenty percent (20%) or more of the consolidated net revenues, net income or assets of the Company and its Subsidiaries, taken as a whole; or (d) any liquidation or dissolution of the Company or any of its Subsidiaries; and. The following land acquisitions are . 1572 0 obj
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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. (ii) the site area is at least 450 square metres.
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Fort Wallace, 338 Fullerton Street, Stockton 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. 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. 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 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. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. . 8. endstream
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blacktown local environmental plan 2015 land reservation acquisition map 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). 1qb@NA
o>$ {mGWPyB{My/x 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. h2U0P,H.)*M. 1395w-3a. 0000001013 00000 n
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. Adobe Acrobat 11.0.1 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. OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. acts as a barrier to approving the Companys development proposal for the site. 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. Sewage reticulation systems are a type of. The maps adopted by . 0000052137 00000 n
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8z-c! 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. Use full site Hotel or motel accommodation is a type of.
PDF Land Reservation Acquisition Map- Sheet LRA 009 - Microsoft identifies where further detailed . section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". 0000222205 00000 n
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uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. hTk0W>F6iRAd
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8UyMyG /(A3!D! 9 Figure 5 Concept Master Plan Fort Wallace, Architectus 12 Figure 6 Concept Master Plan for Fort Wallace, Architectus 11 Figure 7 Excerpt from Hunter Regional Plan 2036, Figure 3: Hunter 2036 6 Figure 8 Excerpt from Hunter Regional Plan 2036, Figure 4: Greater Newcastle 2036 7
Blacktown Local Environmental Plan 2015 Land Reservation Acquisition Map Definition | Law Insider Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 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.
Land Reservation Acquisition Map - Sheet LRA 011 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. 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. %
Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. %%EOF
Bankstown Local Environmental Plan 2015 - Planning Portal Proposed Amendment to Campbelltown 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. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. 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.
Blacktown Local Environmental Plan 2015 - NSW Legislation 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. On 9 June 2020 the Court of Appeal dismissed the appeal.
Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & 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. 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. Map Types Map Sheet ID number Date . 2020-03-09T13:28:29+11:00 Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 .
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). 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) Map identification number: . Claims of contradiction between State Environmental Planning Policies should be examined closely. 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.
PDF Applicant Details - blacktown.nsw.gov.au The Affordable Rental Housing SEPP operates on a statewide basis. 4 Maps . how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map.