4 24
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). The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities. and progress corresponding draft amendments to Blacktown Development Control Plan 2015, to implement the statutory elements of the land use planning strategy outlined in the Riverstone Town Centre Masterplan forward the Planning Proposal to the Department of Planning and Environment seeking a Gateway Determination to exhibit the proposal 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. Since the secondary dwelling was located within the principal dwelling, it was UPGs submission that the development application could not be refused even though the lot size was less than 450 square metres. !a6yW'u@BM*^2W`J+%2 c9xN[wi.4E+wbE"zi!3{oUnp}o;n}BMi1$f&qfB"&ns66E'jJ"H^,]p/U[Uv; U4R"L|A:h6thVtr=Y**/ 2 0 obj
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Map Types Map Sheet ID number Date of . The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument. Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. 2 Permitted without consent Environmental protection works; Flood mitigation works informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. 0000039710 00000 n
Permitted Acquisition Consideration means the aggregate amount of the purchase price, including, but not limited to, any assumed debt, earn-outs (valued at the maximum amount payable thereunder), deferred payments, or Capital Stock of the Borrower, net of the applicable acquired companys cash and Cash Equivalent, balance (as shown on its most recent financial statements delivered in connection with the applicable Permitted Acquisition) to be paid on a singular basis in connection with any applicable Permitted Acquisition as set forth in the applicable Permitted Acquisition Documents executed by the Borrower or any of its Subsidiaries in order to consummate the applicable Permitted Acquisition. BsJrqF?xe|W?^eN6h.B]mmE)xcj$|~H3Z
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UPG went on to appeal against the decision of the Land and Environment Court. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in 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. "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 . Land Reservation Acquisition Map. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. 0000183161 00000 n
The Affordable Rental Housing SEPP operates on a statewide basis. blacktown local environmental plan 2015 land reservation acquisition mapwhat are leos attracted to physically. 0000095686 00000 n
Business identification signs are a type of, The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the, An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the, Centre-based child care facilities are a type of, Dual occupancies (attached) are a type of, Dual occupancies (detached) are a type of. Company Acquisition Agreement has the meaning set forth in Section 5.04(a). 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. (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. Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. Exempt development may be carried out without the need for development consent under the Act. 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. ]Y5;DKHex.Ktzfu}
?pfoq{umy!ao. See clause 5.4 for controls relating to the floor area used for a home business. endstream
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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 . hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> ,
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(ii) the site area is at least 450 square metres. 5 Jun. 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. (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. The development application and Land and Environment Court appeal. 0000056433 00000 n
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. 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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(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. Acquisition Co has the meaning set forth in the first paragraph of this Agreement. See clause 5.4 for controls relating to the gross floor area of a kiosk. Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . (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. 0000031792 00000 n
Claims of contradiction between State Environmental Planning Policies should be examined closely. 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. 003003003003003003 008008008008008008 007007007007007007007007007 006006006006006006006006006 0 100 200 Metres Cadastre Land Reservation Acquisition Sheet LRA_001 Classified Road (SP2) Regional Open Space (RE1) Local Open Space (RE1) Cadastre 10/11/2016 Kogarah City Council Kogarah Local Environmental Plan 2012 . 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. ;:t1#eC|9S$ss2 /Zh[P;6iq~Jlo$nbA|e9%[3&1,jPX[1k Jti1rcCXRBuc]cO DZ TWm&p 7OG
$*I 9Sz'qBYYH ?DvU0^dn7]Lk|#>-V "lq&q,w1V%mE0cF'OXa3 ".x2n0RLV4Q 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. trailer
Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. SEPP_SRGC_NW_LRA_009_020_20210908 . 0000001614 00000 n
Map identification number: . @_eYWb/2Hl/t\qWob3930 JaL} Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. stream
Exploring environmental, planning and construction law issues in New South Wales. h2U0P,H.)*M. Heritage conservation areas (if any) are shown on the. Hotel or motel accommodation is a type of. Area) Local Environmental Plan 2002 applies. 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) Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! %PDF-1.6
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;g This Plan applies to certain land in Schofields. 0000157142 00000 n
Clause 22(4)(a) of the Affordable Housing SEPP specifically provides that: b. hTk0W>F6iRAd
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That is, there is a preference to interpret the Affordable Housing SEPP and Growth Centres SEPP in a consistent way. '|CQw!2@ALnXj{/1 43Kt"DsM7 %\@t\A0q?R`zgt0 `r
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p] 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. 0000009431 00000 n
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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. 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 . 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. 4. 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 following land acquisitions are . 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. 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. Bed and breakfast accommodation is a type of, Biosolids treatment facilities are a type of, This definition is relevant to the definitions of. 1572 0 obj
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1.1 Name of Plan This Plan is Blacktown Local Environmental Plan 2015. The term may include (but is not limited to) places that are declared under section 84 of the. See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances. 1 0 obj
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A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). endstream
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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 Click here to view Blacktown Local Environmental Plan 2015. Intensive livestock agriculture is a type of. 0000292251 00000 n
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The text and structure of the Affordable Housing SEPP did not support the conclusion that it sought to vary the Growth Centres SEPP. The maps adopted by . hb``e``va```. uuid:cbcdd0c1-1b76-4dd7-87a2-05b77815cdb8 <>
Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. 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. <>>>
Map Types . 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. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Sawmill or log processing works are a type of. 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. 2020-03-09T13:28:29+11:00 )JM
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The preferred view was that the Affordable Housing SEPP was to prevail. 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. Ft09$
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)&0m!N 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 Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. 1qb@NA
o>$ {mGWPyB{My/x CoM. Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. h.+ 4 24
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. Building identification signs are a type of. 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. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. 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. Appendix 4 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006(Growth Centres SEPP) relevantly states (with emphasis added): 4.1ACMinimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, (1)This clause applies to land in the following zones. 0000035739 00000 n
uuid:fb83889e-02fe-4c2d-bf01-3667db6a6edc The Campbelltown LEP 2015 applies to West Glenfield. Land Reservation Acquisition Map - Sheet LRA_011 02 4 6 8 M etr s Blacktown Local Environmental Plan 2015 Map id entf c o umb r: 075 _CO LRA 1 2 150122 Classified Road (SP2) Local Open Space (RE1) Local Road (SP2) Local Waterway - Council (W1) Railway (SP2) Regional Open Space (RE1) 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. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. endstream
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In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(b)Zone R3 Medium Density Residential. This conclusion is, in my view, irresistible. 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). Map Types Map Sheet ID number Date . Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\
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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 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. 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) endstream
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OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. Wholesale acquisition cost means the same as that term is defined in 42 U.S.C. 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. Hotel Management Agreement means any hotel management agreement relating to the management and operation of the Real Property together with all supplements, amendments and modifications thereto. There is a very strong presumption that a legislative authority does not intend to contradict itself. See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. 0000031228 00000 n
Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). 1600 0 obj
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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 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. 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. Land Zoning Map. 0000257583 00000 n
In summary, this was because: a. 2. 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 . Land Reservation Acquisition Map. <<0D821811699F9142935D0D2DA2A999D2>]/Prev 139192>>
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). endobj
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 .