1 0 obj 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. Equity Contribution Agreement means the Equity Contribution Agreement dated as of July 20, 2000, between PPL Corporation and PPL Montana. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. Access Blacktown LEP 2015. . 0000009431 00000 n 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\ ! 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. 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. The term may include (but is not limited to) places that are declared under section 84 of the. 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). Goods repair and reuse premises are a type of, Hardware and building supplies are a type of, Hazardous storage establishments are a type of. 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 . Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. 3 0 obj In summary, this was because: a. 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) h2U0P,H.)*M. blacktown local environmental plan 2015 land reservation acquisition mapwhat are leos attracted to physically. Figure 3 Local site context 4 Figure 4 Proposed land use zoning map. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. <>>> 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. 0000314034 00000 n Posted by ; Land Reservation Acquisition Map. <<0D821811699F9142935D0D2DA2A999D2>]/Prev 139192>> 0000039710 00000 n 0000000952 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. 0000000016 00000 n Esri ArcMap 10.3.1.4959 The Affordable Rental Housing SEPP operates on a statewide basis. 0000257583 00000 n 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. h.+ The Land Application Map (PDF, 3MB) shows the land to which Blacktown LEP 2015 applies. identifies where further detailed . Standard technical requirements for LEP maps, Repeal of planning instruments applying to land, Blacktown Local Environmental Plan (Central Business District) 2012, Savings provision relating to development applications, State Environmental Planning Policy No 29Western Sydney Recreation Area, Plan does not apply to land to which Blacktown LEP 2015 applies, State Environmental Planning Policy No 59Central Western Sydney Regional Open Space and Residential, Suspension of covenants, agreements and instruments, Additional permitted uses for particular land, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, State Environmental Planning Policy (Housing) 2021, State Environmental Planning Policy (Transport and Infrastructure) 2021, State Environmental Planning Policy (Resources and Energy) 2021, State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Industry and Employment) 2021, State Environmental Planning Policy (Primary Production) 2021, State Environmental Planning Policy (Biodiversity and Conservation) 2021, environmentally sensitive area for exempt or complying development, Minimum subdivision lot size for community title schemes, Minimum subdivision lot size for strata plan schemes, Minimum lot sizes for attached dwellings, dual occupancies and multi dwelling housing, Subdivision of dual occupancies (detached), Restrictions on height of buildings in Zone R1 General Residential, Calculation of floor space ratio and site area, Only significant development to be included, Certain public land to be separately considered, Covenants to prevent double dipping, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Land Acquisition (Just Terms Compensation) Act 1991, the owner-initiated acquisition provisions, Classification and reclassification of public land, Controls relating to miscellaneous permissible uses, Secondary dwellings on land other than land in a rural zone, Artisan food and drink industry exclusion, Controls relating to secondary dwellings on land in a rural zone, Dwelling house or secondary dwelling affected by natural disaster, Effect of proposed development on heritage significance, Aboriginal places of heritage significance, Demolition of nominated State heritage items, Infrastructure development and use of existing buildings of the Crown, Siding Spring Observatorymaintaining dark sky, Subdivision of, or dwellings on, land in certain rural, residential or conservation zones, Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations, Pond-based, tank-based and oyster aquaculture, Pond-based or tank-based aquaculturematters of which consent authority must be satisfied before granting consent, Extensive pond-based aquaculture permitted without consent in certain zones, Oyster aquacultureadditional matters that consent authority must consider in determining a development application, NSW Oyster Industry Sustainable Aquaculture Strategy, Oyster aquaculture permitted without consent in priority oyster aquaculture areas, Fisheries Management (Aquaculture) Regulation 2017, Standards that cannot be used to refuse consentplaying and performing music, Considering Flooding in Land Use Planning Guideline, State Environmental Planning Policy (PrecinctsWestern Parkland City) 2021, Arrangements for designated State public infrastructure, Relationship between Part and remainder of Plan, Converting serviced apartments to residential flat building, State Environmental Planning Policy No 65Design Quality of Residential Apartment Development, Height of buildings exhibiting design excellence in Blacktown CBD and Mount Druitt CBD, Development with frontage to certain roads in Zone SP2, Certain land between North West Transitway and Peter Street, Blacktown, Location of restricted premises and sex services premises, Solar access to key public open spaces in Blacktown CBD, Use of certain land at The Ponds, Stonecutters Ridge, Stanhope Gardens and Bungarribee, Use of certain land at Bidwill Square, Bidwill, Use of certain land at Springfield Avenue and Crudge Road, Blacktown (former Ashlar Golf Course), Use of certain land at 670 Richmond Road, Glendenning, Use of certain land at 40 Huntingwood Drive, Huntingwood, Use of certain land at Blacktown industrial area, Use of certain land at 215221 Walters Road, Arndell Park, Use of certain land at 22 John Hines Avenue, Minchinbury, Use of certain land at 8197 Main Street, Blacktown, Complying development certificate conditions, Land classified, or reclassified, as operational landno interests changed, Land classified, or reclassified, as operational landinterests changed, Land classified, or reclassified, as community land, Pond-based aquaculture that is also intensive aquaculturepond design, Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculturefreshwater discharges, Aboriginal place of heritage significance, Blacktown Local Environmental Plan 2015 Active Street Frontages Map, Environmental Planning and Assessment Act 1979, animal boarding or training establishment, Catchment Management Authorities Act 2003, Children (Education and Care Services) National Law (NSW), Crimes (Administration of Sentences) Act 1999, Blacktown Local Environmental Plan 2015 Design Excellence Map, State Emergency and Rescue Management Act 1989, Blacktown Local Environmental Plan 2015 Floor Space Ratio Map, Blacktown Local Environmental Plan 2015 Height of Buildings Map, Blacktown Local Environmental Plan 2015 Heritage Map, Blacktown Local Environmental Plan 2015 Incentive Height of Buildings Map, Blacktown Local Environmental Plan 2015 Key Sites Map, Blacktown Local Environmental Plan 2015 Land Application Map, Blacktown Local Environmental Plan 2015 Land Reclassification (Part Lots) Map, Blacktown Local Environmental Plan 2015 Land Reservation Acquisition Map, Blacktown Local Environmental Plan 2015 Land Zoning Map, Blacktown Local Environmental Plan 2015 Lot Size Map, Ports and Maritime Administration Act 1995, Community Housing Providers (Adoption of National Law) Act 2012, Blacktown Local Environmental Plan 2015 Sun Access Protection Map, Blacktown Local Environmental Plan 2015 Terrestrial Biodiversity Map, Blacktown Local Environmental Plan 2015 Urban Release Area Map, A New Tax System (Australian Business Number) Act 1999. (1) Development to which this Division applies may be carried out with consent. Blacktown Local Environmental Plan 2015 (Amendment No 33) (873) (not commenced to commence on 30.6.2023) Note. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. how to equip shoes in 2k22 myteam / bombas distribution center / blacktown local environmental plan 2015 land reservation acquisition map. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. and progress corresponding draft amendments to Blacktown Development Control Plan 2015, to implement the statutory elements of the land use planning strategy outlined in the Riverstone Town Centre Masterplan forward the Planning Proposal to the Department of Planning and Environment seeking a Gateway Determination to exhibit the proposal 1qb@NA o>$ {mGWPyB{My/x Alternative Acquisition Agreement has the meaning set forth in Section 6.1(b)(ii). 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. (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 maps are supplied by the Department of Planning and Environment (DPE) - any enquiries about the content with in the maps should be directed to the department. 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. hV[o6OcEEE okTB[j2$K6RTh5G}"0<>HD c2f Q-$$ Ag1zRF#1=@LPcMd"@KAVWLB6~}lTxLC0hMf4&o\LU2mcMj`-Atv3v.@mTKx?Sxrb Map 3.12 Survey Plan Map - Boundary Adjustment . xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq: ~TM$Wt7}9GAR2 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. 0000114746 00000 n On the other hand, the Precinct Plan is confined to a specifically limited geographic area defined by the mapping giving effect to it. 4 24 %PDF-1.5 % 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. Building identification signs are a type of. that land. 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. 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. Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! Heritage conservation areas (if any) are shown on the. 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. Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. Schedule 1 sets out additional permitted uses for particular land. hb``e``va```9 0000000016 00000 n See clause 5.4 for controls relating to the gross floor area of a kiosk. c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. xref F Part 6 - Active Street Frontages Map ;g 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 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. Of;XV6lgy M6+oU5 G*;LT}FjQaz[p w7kWH$O,7J#8ec1 ht Land Reservation Acquisition Map. <> HS8R>$?A0' V]`sT_~;3k:>I_?Z'>#>\>syfngzW[#,q%n`1S"Y>G7# 2XGl%_?)5?^3 V._r8;gNPp9 s`GsLGOg$b"Y,W 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&($kKsRY_MMJgCmCY=ZTVqXt6lL~E8{P.0&g,V&^*c=]g{[el6;sxsT0PA-;>G166[s)Fwe4Pl6EnXoX}dX+Vr6s8Aek`vZ>[;\Y{HV"|fo}~/zEab_F;w65Ew\O+j1,Z\; hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k -8'h08p34w|e:qd0-ep5s:<= yp1s9PPgZp"0>hdp0+4,U/0P/MmKM-MMR@1}fGE{{gg{GgyWM,KAh`,Nb)HiQ`; r]dA[PTQdWDl6x|70,Vc Ih 0d$:p` ,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . 1395w-3a. Appendix 4 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006(Growth Centres SEPP) relevantly states (with emphasis added): 4.1ACMinimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, (1)This clause applies to land in the following zones. 0000183161 00000 n The Campbelltown LEP 2015 applies to West Glenfield. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. vp-'9ap$-As~Cw6v~ Intensive livestock agriculture is a type of. Map Types Map Sheet ID number Date . Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and Acquisition Agreement means the applicable agreement in the context used. The amendments proposed to the Land Reservation Acquisition (LRA) Map are illustrated in Figure 9, Part 4. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. Requirements relating to the maps are set out in the documents entitled, The following local environmental plans are repealed under this provision. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. 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. hb``e``va```. 0000314287 00000 n 0000035739 00000 n We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 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. 0000000776 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. SR'Z XRB4/jz8zR(a1/kTWo[KlYe5D @+D-+! 0000157142 00000 n For further information please see. ;|kN~SENG_~+W=W J . %%EOF See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. O8MC'opu*0;,n^P^j*'v +$~]jd w_l.E~e;y\y_7h6rn tj#t*8P*} !wQejKB}AXS]|vF}tM*K}Q)[LB \]Yc%T.&7Mi2(-f0-\SX2`) ( We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. 0000093208 00000 n 9. See clause 5.4 for controls relating to the gross floor area of roadside stalls. 0000000776 00000 n The development application and Land and Environment Court appeal. On 21 November 2019 the judgment was handed down by the Land and Environment Court. Click here to view Blacktown Local Environmental Plan 2015. Exploring environmental, planning and construction law issues in New South Wales. endstream endobj 50 0 obj <>stream 1.2 Aims of Plan. endstream endobj 1573 0 obj <> endobj 1574 0 obj <> endobj 1575 0 obj <>stream @_eYWb/2Hl/t\qWob3930 JaL} Local Environmental Plan 2015 [PLANNING PROPOSAL - GLENFIELD WASTE SITE] Revised February 2016 Page 2 Contents . %PDF-1.5 % Land Zoning Map. 0000001656 00000 n 1. See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings. O Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). See clause 5.4 for controls relating to the floor area used for a home industry. 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) 0000257820 00000 n 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) 4. Agricultural produce industries are a type of. 0000183545 00000 n 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. The text and structure of the Affordable Housing SEPP did not support the conclusion that it sought to vary the Growth Centres SEPP. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage and local road purposes. 2. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. 0000059432 00000 n 0000056433 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. 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. Sewage reticulation systems are a type of. 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. 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. 0000046292 00000 n "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 . If there was no inconsistency, then the Affordable Housing SEPP continued to be operational according to clause 22. WTd(9e61~Wh Exempt development may be carried out without the need for development consent under the Act. application/pdf Sawmill or log processing works are a type of. 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. 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 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. SiZ`[61;_cvyvr&]A 80'@oq0d4#M1pXq2&n,1*=p=5lm(1: pd6TJ Q = ; .AMhFA(YVna|7iym=+Y}Xx.$KI(]T`E'}75}MF9'S EW]c2>86Kc%T|->46r _Yh!,F2jAA&;6}y90s]2l8fo(X=b >8..)7g>/`\z90*B>Cp70r=>om[W DXAZ[!h_4[pmuh5S6UMMd7UHq3PB`mx[ Jp2x[BiTISbMVd,lT#Cb;X$a" BEEyEUf|d"OkF5O'1g[4/FuZUH%b@mk {gk\_$!":Qr&mq9A `P^1|OF3Y0=$EuGulj6`PFO03dPMvY.+v.#J#9@p?^+X.&rC 0000001614 00000 n There is a very strong presumption that a legislative authority does not intend to contradict itself. In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. . hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> , 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). 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. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. 1572 0 obj <> endobj 0000024572 00000 n ]Y5;DKHex.Ktzfu} ?pfoq{umy!ao. 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.