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Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 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). 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. Land Reservation Acquisition Map. Agricultural produce industries are a type of. Map Types Map Sheet ID number Date of Application . Q!j!` Q
The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing 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). Blacktown Local Environmental Plan Amendment (Western Sydney Employment Area) 2013 LZN 001 : SEPP_WSEA_LZN_001_20090805 (2.5 mb) . The Affordable Rental Housing SEPP operates on a statewide basis. 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 . Confirm the zoning and applicable rules for . 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. <>>>
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The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. business acquisition report means a completed Form 51-102F4 Business Acquisition Report; Pre-Acquisition Reorganization has the meaning ascribed thereto in Section 5.2; Acquisition Debt means any Indebtedness incurred by the Borrower or any of its Subsidiaries for the purpose of financing, in whole or in part, a Material Acquisition and any related transactions or series of related transactions (including for the purpose of refinancing or replacing all or a portion of any pre-existing Indebtedness of the Borrower, any of its Subsidiaries or the person(s) or assets to be acquired); provided that (a) the release of the proceeds of such Indebtedness to the Borrower and/or its Subsidiaries is contingent upon the consummation of such Material Acquisition and, pending such release, such proceeds are held in escrow (and, if the definitive agreement (or, in the case of a tender offer or similar transaction, the definitive offer document) for such acquisition is terminated prior to the consummation of such Material Acquisition or if such Material Acquisition is otherwise not consummated by the date specified in the definitive documentation relating to such Indebtedness, such proceeds shall be promptly applied to satisfy and discharge all obligations of the Borrower and/or its Subsidiaries in respect of such Indebtedness) or (b) such Indebtedness contains a special mandatory redemption provision (or other similar provision) or otherwise permits such Indebtedness to be redeemed or prepaid if such Material Acquisition is not consummated by the date specified in the definitive documentation relating to such Indebtedness (and if the definitive agreement (or, in the case of a tender offer or similar transaction, the definitive offer document) for such Material Acquisition is terminated in accordance with its terms prior to the consummation of such Material Acquisition or such Material Acquisition is otherwise not consummated by the date specified in the definitive documentation relating to such Indebtedness, such Indebtedness is so redeemed or prepaid within 90 days of such termination or such specified date, as the case may be). 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
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That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. 1.2 Aims of Plan. 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 - 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 . The text and structure of the Affordable Housing SEPP did not support the conclusion that it sought to vary the Growth Centres SEPP. 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. 0000024572 00000 n
hb``e``va```9 0350_COM_LZN_001_020_20150717 (874 kb) 22 Jan 2016 to date: Bankstown Local Environmental Plan 2015 (Amendment No 3) LZN_001 : 0350_COM_LZN_001_020_20150211 (833 kb) 5 Mar 2015 to 21 Jan 2016: LZN_002 . 1600 0 obj
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Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). The reserved land . Adobe Acrobat 11.0.1 0000314034 00000 n
Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. 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. Reclassify land currently owned by Council from Zcommunity land [ to Zoperational land [ to enable the proposed development to be effectively implemented and operated. 0000000776 00000 n
h2U0P,H.)*M. 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) Map Types . Area) Local Environmental Plan 2002 applies. 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. Update the Blacktown 2015 Land Reservation Acquisition Map and Blacktown LEP 2015 Lot Size Map. (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. An inventory of heritage items is also available at the office of the Council. 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. Sawmill or log processing works are a type of. The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . 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. 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. 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. 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. 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 % (4) A consent authority must not refuse consent to development to which this Division applies on either of the following grounds, (i) the secondary dwelling is located within, or is attached to, the principal dwelling, or. 4 0 obj
Map Types Map Sheet ID number Date of Application Amending . 0000000776 00000 n
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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\; 2020-03-09T13:28:29+11:00 "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 . 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. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. 2. 0000001012 00000 n
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. startxref
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. 0000123222 00000 n
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Exempt development may be carried out without the need for development consent under the Act. 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. Land Reservation Acquisition Map. Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . TR&U)7r8& The amendments proposed to the Land Reservation Acquisition (LRA) Map are illustrated in Figure 9, Part 4. 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. 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. ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG
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IH0Dy?ZrmBCPPz{CPOjKJI6S dD,WJa&zE9[N~! 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. that land. 2 Permitted without consent Environmental protection works; Flood mitigation works 1. <]/Prev 343272>>
Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). 9. blacktown local environmental plan 2015 land reservation acquisition mapwhat are leos attracted to physically. F Part 6 - Active Street Frontages Map 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. 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). There is a very strong presumption that a legislative authority does not intend to contradict itself. 0000056433 00000 n
See clause 5.4 for controls relating to the gross floor area of a kiosk. The term is defined as a structure used or to be used principally for the display of an advertisement. 0000039710 00000 n
Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry. 0000068738 00000 n
Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . 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. 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. 0000114999 00000 n
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D^ _PP 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. 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. 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 term may include (but is not limited to) places that are declared under section 84 of the. 4 0 obj
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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. hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb vineyard mount druitt marsden park hebersham bidwill dharruk whalan blackett shalvey emerton lethbridge pa rk shanes park tregear st marys willmot ropes crossing . 0000059432 00000 n
Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. The following Blacktown LEP 2015 . Qualifying Acquisition has the meaning specified in Section 5.03. 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. 0000257933 00000 n
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. Click here to view Blacktown Local Environmental Plan 2015. 2 0 obj
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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. 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 . Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. 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. hb``e``va```. This conclusion is, in my view, irresistible. Building identification signs are a type of. WTd(9e61~Wh Determination of the Land and Environment Court. how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. section 8 of the Act, Zone SP2 Infrastructure and marked "Sydney Water drainage", Zone E1 National Parks and Nature Reserves and marked "National Park". 0000001580 00000 n
The maps adopted by . UPG went on to appeal against the decision of the Land and Environment Court. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. k1n-s+u|U%u JP!CFVp$kkpv.S `0&rNo
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Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. 2. Map 3.12 Survey Plan Map - Boundary Adjustment . Map 3.11 Proposed Land Reservation Acquisition Map under the CLEP . (ii) the site area is at least 450 square metres. 1395w-3a. 0000114746 00000 n
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application/pdf uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 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. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. Claims of contradiction between State Environmental Planning Policies should be examined closely.
2020-03-09T13:28:29+11:00 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. 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. 0000314287 00000 n
Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. 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. endstream
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c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. 0000292498 00000 n
1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. Hotel or motel accommodation is a type of. 0000001657 00000 n
(2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. 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) (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). Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. 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. Access Blacktown LEP 2015. 1584 0 obj
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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. 0000157142 00000 n
See clause 5.4 for controls relating to the floor area used for a home business.
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