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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. 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. 1qb@NA
o>$ {mGWPyB{My/x Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . On 21 November 2019 the judgment was handed down by the Land and Environment Court. 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 (2) The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is450m2. The reserved land . 0000254934 00000 n
Part 5 contains other provisions which require consent for particular development. endstream
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SEPP_SRGC_NW_LRA_009_020_20210908 . hb``e``va```. Map Types Map Sheet ID number Date of Application Amending . See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. Sec. 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. (1) Development to which this Division applies may be carried out with consent. Sewage reticulation systems are a type of. endobj
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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. 8. endstream
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~8uI?N5gzX4uqxgqm'V%C|Y)a ?cGY#(|b6eO%3#bG"Gs^AVD! !a6yW'u@BM*^2W`J+%2 c9xN[wi.4E+wbE"zi!3{oUnp}o;n}BMi1$f&qfB"&ns66E'jJ"H^,]p/U[Uv; U4R"L|A:h6thVtr=Y**/ Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. O |A1X3!f?~`@ The planning proposal seeks to amend Blacktown Local Environmental Plan 2015 to expand the St Bartholomew Cemetery in Prospect by rezoning land to the east of the cemetery, from RE1 - Public Recreation, RU4 - Primary Production Small Lots to SP1 - Cemetery and reclassify part of the subject land from 'community land' to 'operational land' and make corresponding changes to the Land Reservation Acquisition Map and Lot Size Map. The term is defined as a structure used or to be used principally for the display of an advertisement. endobj
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The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable. The Draft ITP is anticipated to have recommendations that may have consequential amendments to CBD planning controls at a later stage, such as revisions to the Land Reservation Acquisition Map for local road widening acquisitions, and refinements to off- street car parking rates. 9. hb``e``va```9 trailer
eY The State Environmental Planning Policy (AffordableRental Housing) 2009 (Affordable Housing SEPP) relevantly states (with emphasis added): 22 Development may be carried out with consent. 2. 4. 0000222205 00000 n
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. "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 . %%EOF
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. (2) The particular aims of this Plan are as follows. 0000156572 00000 n
That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. . Sawmill or log processing works are a type of. 1.2 Aims of Plan. Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. 0000000776 00000 n
%%EOF
Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. The Affordable Rental Housing SEPP operates on a statewide basis. (ii) the site area is at least 450 square metres. Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . 5 Jun. 4 24
Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. identifies where further detailed . 2. The amendments proposed to the Land Reservation Acquisition (LRA) Map are illustrated in Figure 9, Part 4. w_yLc|\qPKrYC9s_8}xeAM]~SdLw(c_]!6^c+VVwlF,{Tmen)gZ_([.=epF]e31[xLgK}*PM xjtejA zcw&VzBJF, TBCx@[/H H&]yr #Lxh2znSq ZE<7
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Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. ht startxref
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). Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. Under Blacktown Local Environmental Plan 2015, the land is zoned: Zone SP2 Infrastructure Below is an extract from the principal Environmental Planning Instrument, outlining the types of development that may or may not be carried out in the above zone. Qualifying Acquisition has the meaning specified in Section 5.03. The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. 1395w-3a. 1. Of;XV6lgy
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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. See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings. 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. F Part 6 - Active Street Frontages Map 0
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In summary, this was because: a. Clause 2.6 requires consent for subdivision of land. Exploring environmental, planning and construction law issues in New South Wales. This Plan applies to certain land in Schofields. %PDF-1.4
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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. 0000001013 00000 n
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. 0000035739 00000 n
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TR&U)7r8& (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). The following land acquisitions are . 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. The land was in the R2 Low Density Residential zone and had a lot size of 250 square metres. 1 0 obj
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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. 27 0 obj
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. 4 24
The consequence of this is that cl 4.1AC of the Precinct Plan operates as a development standard which, unless displaced as discussed below, acts as a barrier to approving the Companys development proposal for the site. stream
(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. 0000001656 00000 n
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. 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) If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. that land. ;|kN~SENG_~+W=W J
hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. See clause 5.4 for controls relating to the floor area used for a home industry. Ft09$
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)&0m!N 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. 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. Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). "\=B^Q C/4qW C3Hx9b_njJ.U4MAjdi9"{k!&{P+1#
%44:+pFr9U; 6aN>8Sn}QjTh|J=gaYntV\L+#6'Soo=_@"Q2=e6'Ds There is a strong presumption that SEPPs are not contradictory. 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.
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