. Artisan food and drink industries are a type of, Backpackers accommodation is a type of. 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. 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 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 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 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). 2. 0000314287 00000 n 2 0 obj startxref In summary, this was because: a. 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. UPG went on to appeal against the decision of the Land and Environment Court. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 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. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r 2020-03-09T13:28:29+11:00 <>/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>> Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. acts as a barrier to approving the Companys development proposal for the site. 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. 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. Landscaping material supplies are a type of, Livestock processing industries are a type of. Schedule 1 sets out additional permitted uses for particular land. 0000257820 00000 n ;|kN~SENG_~+W=W J 0 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. 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|. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. UPG submitted that clause 22(4)(a) of the Affordable Housing SEPP prevented the Council refusing consent to the proposed secondary dwelling on the basis of site area. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. When this Plan was made it did not include all of these zones. 0000001657 00000 n %PDF-1.5 % <> There is a strong presumption that SEPPs are not contradictory. Map identification number: . 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! 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. Agricultural produce industries are a type of. 0000001656 00000 n trailer Q!j!` Q See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. 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. 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. Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! 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 majority (Justice Basten and Justice Gleeson) held that: 1. <>>> %%EOF 0000292251 00000 n 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. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. State Environmental Planning Policy (Sydney Region Growth . 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. Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. See clause 5.4 for controls relating to the floor area used for a home industry. p] 4 0 obj <> 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". Land Reservation Acquisition Map. Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 85/27795, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 1/228688, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 161/29659, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/1164625, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 5A/11349, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 82/202949, Headingly Reserve, Redwood Street, Blacktown, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 30/204269, Part of Lot 230, DP 600232 identified, as Operational Land on the, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 230/600232, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 131/249254, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/250716, Lots 41 and 42, DP 818818 and Lot 5, DP 858865, Reservations and conditions in the Crown Grant as noted on Certificates of Title Folio Identifiers 41/818818, 42/818818 and 5/858865, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 431/812674, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3152/714465, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 101/771563, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 51/31087, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 50/28701, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3/226547, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 13/262177, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 47/263823, Part of Lot 12, Section 5, DP 8981, identified as Community Land on the, Part of Lot 1, DP 1014984, identified as Community Land on the, Part of Lot 11, Section 3, DP 8981, identified as Community Land on the, 50 Sorensen Crescent (also known as 3032 Anderson Avenue), 2 Erith Street (also known as 17 Lancelot Street), Blacktown Railway Stationsignals building, Corner of Lancelot and Merlin Streets (public reserve), Huntingwood, Minchinbury, Mount Druitt and Prospect, 1 Eire Way (also known as 14 Glenheath Avenue, Cavenah Way), Corner of Glenheath Avenue and Cavenah Way, Lots 9118 and 9119, DP 730969 and Lot 8078, DP 732456, HouseMount Druitt Stationmasters Residence (former), 22A Mount Druitt Road (corner of Beames Avenue), 104 Mount Druitt Road (also known as 42 Ropes Creek Road), HouseSchoolmasters Residence (former), 59 Nelson Street (also known as Great Western Highway, 1 Mark Archer & Alan Streets), Simpson Hill Road and Great Western Highway, Part of Lot X, DP 412362 and part of Lot 12, DP 28045, 12 Hanna Place (also known as 54 Hyatts Road), Old Windsor Road, 40 metres south of Meurants Lane to the proposed Castlereagh Freeway and from Caddies Creek, 280 metres southward, 327 Rooty Hill Road North (also known as 2 Appleby Place, 48 Bottles Road), 441 Blacktown Road (also known as 2 Fox Hills Crescent), Lots 221224, DP 812455 and Lot 1, DP 325874, Reservoir Road/Tarlington Place/Yallock Place/Honeman Close, 19 Elizabeth Street (also known as 40 Hunter Street), Corner of Garfield Road East and Piccadilly Street, Lot 39, DP 864977 and Lots 4 and 5, DP 261340, 62 Garfield Road East (Corner Oxford Street), Bicentennial Museumformerly public school, then Masonic Hall, 20 Railway Terrace (corner of Elizabeth Street), Regent Street (also known as 71 McCulloch Street), 122 Regent Street (also known as 52 McCulloch Street), 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue, HouseStationmasters Residence (former), Corner of Riverstone Parade and Garfield Road East, HouseFairholme (now part of St Agnes High School), 1 Rooty Hill Road North (also known as 11 North Parade Premier Lane), 32 Rooty Hill Road South (corner of Barker Street), 45 Rooty Hill Road South (corner of Dunsmore Street), Two weatherboard school buildingsSeven Hills North Public School, Church, rectory and hallSt Andrews Church Group (former), 369 Seven Hills Road (also known as 2 Nattai Street), Grantham Poultry Research Station (former) comprising Melrose House and Drumtochty and their surrounds, Lots 360362, DP 48686 and Lot 4, DP 739331, Archaeological siteNative Institute site, Lot 1, DP 1043661; Part of Lot 60, DP 1055132; Part of Lot 5, DP 792478; Lots 50015003, DP 869400, Archaeological siteRuins of the Government Depot. vp-'9ap$-As~Cw6v~ On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 2. 28 Feb 2014 to 6 Jul 2015: Blacktown Local Environmental Plan (Central Business District) 2012 (Amendment No 1) Heritage Map. endstream endobj 5 0 obj <> endobj 6 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/Properties<>>>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1191.0 842.259]/Type/Page>> endobj 7 0 obj [/ICCBased 19 0 R] endobj 8 0 obj [/Indexed 7 0 R 61 20 0 R] endobj 9 0 obj <>stream Exploring environmental, planning and construction law issues in New South Wales. Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. 3. The following Blacktown LEP 2015 . 1 0 obj endstream endobj 4 0 obj <> endobj 12 0 obj <>stream 4. 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. Part 5 contains other provisions which require consent for particular development. 27 0 obj <>stream 0000000016 00000 n 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. 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. See clause 5.4 for controls relating to the floor area used for a home business. The reserved land . (b)Zone R3 Medium Density Residential. Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 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. 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. 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). 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. 0000024572 00000 n 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 . Confirm the zoning and applicable rules for . 0000000952 00000 n CoM. Heritage conservation areas (if any) are shown on the. 3. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . 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 . 1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. 0000254934 00000 n p>/CG,&,Y ~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! Building identification signs are a type of. bT "{ P!s ?+wK0T~>|k1|k-g">\RJ-UP Q 0 TR&U)7r8& Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. 2020-03-09T13:28:29+11:00 Area) Local Environmental Plan 2002 applies. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc 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. ;g 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). 4 0 obj 0000031228 00000 n (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. 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. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. 4 24 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. Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. endobj Company Acquisition Agreement has the meaning set forth in Section 5.04(a). The amendments proposed to the Land Reservation Acquisition (LRA) Map are illustrated in Figure 9, Part 4. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.