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2020-03-04T10:38:02+11:00 (2) The particular aims of this Plan are as follows. Contributions plans Council currently levies contributions under Section 7.11 of the Environmental Planning & Land Reservation Acquisition Map : SEPP_SRGC_NW_LRA_005_020_20210915 . 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). endstream
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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. 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. Agricultural produce industries are a type of. 1 0 obj
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8UyMyG /(A3!D! See clause 5.4 for controls relating to the floor area used for a home industry. 0000156572 00000 n
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. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings. %%EOF
Adobe Acrobat 11.0.1 Blacktown Local Environmental Plan (Sydney Region Growth Centres) (Map Amendment No 4) . 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. 8. 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) 0000000776 00000 n
2020-03-09T13:28:29+11:00 See clause 5.4 for controls relating to the gross floor area of roadside stalls. Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds. In addition, subclauses (4)(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. Map 3.12 Survey Plan Map - Boundary Adjustment . 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. You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. 0000056433 00000 n
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. 0000001656 00000 n
We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. 0000031228 00000 n
See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry. LP(^WD-cyys!71T0)~m& .dC\S"Dg 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. 4 0 obj
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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. 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) hbbd```b``iA$C/d;C :H2.3 6$d`bd`6'> ,
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. 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. Building identification signs are a type of. Amendment 2015 TAI 001 : SEPP_WSEA_TAI_001_20090805 (1.5 mb) 21 Aug 2009 to 4 Mar 2015: Industrial Release Area Map. 0000092961 00000 n
(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. 0000000016 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. hb```f``Z "Yw11 r'`eg{[@I=LSb1)hW.`Y@9'Cug5k
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,PX$l2 :@j q`1m@@K:060 ,Y?8D}>90|. 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. 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. 8h|/U4 [0wg5"[O/.(59X..ON>Mv#J[2IX\
! 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. Limited Condition Acquisition means any acquisition, including by way of merger, amalgamation or consolidation, by the Issuer or one or more of its Restricted Subsidiaries whose consummation is not conditioned upon the availability of, or on obtaining, third party financing; provided that the Consolidated Net Income (and any other financial term derived therefrom), other than for purposes of calculating any ratios in connection with the Limited Condition Acquisition, shall not include any Consolidated Net Income of or attributable to the target company or assets associated with any such Limited Condition Acquisition unless and until the closing of such Limited Condition Acquisition shall have actually occurred. Acquisition Properties means the Oil and Gas Properties and other Properties acquired by the Borrower pursuant to the Acquisition Documents. The term is defined as a structure used or to be used principally for the display of an advertisement. Blacktown LEP 2015 consists of a Written Instrument and LEP Maps which are published on the NSW Legislation website. 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). informs changes to the Blacktown Local Environmental Plan 2015 and Development Control Plan 2015 and to other plans that affect our City. The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure). A dwelling includes a rural workers dwelling (see definition of that term in the Dictionary). trailer
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. Council was deemed to have refused the development applicaton, and on 5 December 2018 an appeal was lodged with the Land and Environment Court. )scG/@9A\WFYBCC6D:A0&u#B,i&\FzJ+)oRoD),74{t. 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. 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. Source: Numeris (BBM Canada), Portable People Meter (PPM), persons aged 2 years and older. 0000039710 00000 n
UPG went on to appeal against the decision of the Land and Environment Court. 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. 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). Area) Local Environmental Plan 2002 applies. See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets. u 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. Exempt development may be carried out without the need for development consent under the Act. Ft09$
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)&0m!N 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. hb``e``va```. 1395w-3a. 1. hU]o6}3$EQC'mAAiW-9 ~lP`1]~sx(`\v'a2BA)r. xref
Subsequent Acquisition Transaction has the meaning set out in Section 2.6; Acquisition Closing Date means the date on which the Acquisition is consummated. ;|kN~SENG_~+W=W J
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. 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 Hotel or motel accommodation is a type of. The development application and Land and Environment Court appeal. The preferred view was that the Affordable Housing SEPP was to prevail. All judges on the bench determined that there was no conflict between the clauses in the Growth Centres SEPP and Affordable Housing SEPP. 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. xkoF{p8HEEs_\n'NC(@MT\N3|KMH{.nU^:ZyK.>GmIl_|q3P/8gZ@ f"EO_-~ ]SgoCxaF-\Ddq:
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The reserved land . We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. Map Types Map Sheet ID number Date of Application Amending Instrument; LRA_001 : 0750_CEN_LRA_001_005_20140219 (182 kb) . HW TW'A"K1%(mq ."-X-.L(rm(P#j $euRUsE'!&j9Gw}wGg)VX@oNU`lYM R\bq"Xw+;kYgY/4. When this Plan was made it did not include all of these zones. Business Acquisition means the acquisition of a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company. See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings. 5 Jun. The proposed SP1 zone allows for a purpose to be shown on the Blacktown LEP . <]/Prev 343272>>
Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 85/27795, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 1/228688, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 161/29659, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/1164625, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 5A/11349, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 82/202949, Headingly Reserve, Redwood Street, Blacktown, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 30/204269, Part of Lot 230, DP 600232 identified, as Operational Land on the, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 230/600232, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 131/249254, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 10/250716, Lots 41 and 42, DP 818818 and Lot 5, DP 858865, Reservations and conditions in the Crown Grant as noted on Certificates of Title Folio Identifiers 41/818818, 42/818818 and 5/858865, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 431/812674, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3152/714465, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 101/771563, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 51/31087, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 50/28701, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 3/226547, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 13/262177, Reservations and conditions in the Crown Grant as noted on Certificate of Title Folio Identifier 47/263823, Part of Lot 12, Section 5, DP 8981, identified as Community Land on the, Part of Lot 1, DP 1014984, identified as Community Land on the, Part of Lot 11, Section 3, DP 8981, identified as Community Land on the, 50 Sorensen Crescent (also known as 3032 Anderson Avenue), 2 Erith Street (also known as 17 Lancelot Street), Blacktown Railway Stationsignals building, Corner of Lancelot and Merlin Streets (public reserve), Huntingwood, Minchinbury, Mount Druitt and Prospect, 1 Eire Way (also known as 14 Glenheath Avenue, Cavenah Way), Corner of Glenheath Avenue and Cavenah Way, Lots 9118 and 9119, DP 730969 and Lot 8078, DP 732456, HouseMount Druitt Stationmasters Residence (former), 22A Mount Druitt Road (corner of Beames Avenue), 104 Mount Druitt Road (also known as 42 Ropes Creek Road), HouseSchoolmasters Residence (former), 59 Nelson Street (also known as Great Western Highway, 1 Mark Archer & Alan Streets), Simpson Hill Road and Great Western Highway, Part of Lot X, DP 412362 and part of Lot 12, DP 28045, 12 Hanna Place (also known as 54 Hyatts Road), Old Windsor Road, 40 metres south of Meurants Lane to the proposed Castlereagh Freeway and from Caddies Creek, 280 metres southward, 327 Rooty Hill Road North (also known as 2 Appleby Place, 48 Bottles Road), 441 Blacktown Road (also known as 2 Fox Hills Crescent), Lots 221224, DP 812455 and Lot 1, DP 325874, Reservoir Road/Tarlington Place/Yallock Place/Honeman Close, 19 Elizabeth Street (also known as 40 Hunter Street), Corner of Garfield Road East and Piccadilly Street, Lot 39, DP 864977 and Lots 4 and 5, DP 261340, 62 Garfield Road East (Corner Oxford Street), Bicentennial Museumformerly public school, then Masonic Hall, 20 Railway Terrace (corner of Elizabeth Street), Regent Street (also known as 71 McCulloch Street), 122 Regent Street (also known as 52 McCulloch Street), 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue, HouseStationmasters Residence (former), Corner of Riverstone Parade and Garfield Road East, HouseFairholme (now part of St Agnes High School), 1 Rooty Hill Road North (also known as 11 North Parade Premier Lane), 32 Rooty Hill Road South (corner of Barker Street), 45 Rooty Hill Road South (corner of Dunsmore Street), Two weatherboard school buildingsSeven Hills North Public School, Church, rectory and hallSt Andrews Church Group (former), 369 Seven Hills Road (also known as 2 Nattai Street), Grantham Poultry Research Station (former) comprising Melrose House and Drumtochty and their surrounds, Lots 360362, DP 48686 and Lot 4, DP 739331, Archaeological siteNative Institute site, Lot 1, DP 1043661; Part of Lot 60, DP 1055132; Part of Lot 5, DP 792478; Lots 50015003, DP 869400, Archaeological siteRuins of the Government Depot. 43Kt"DsM7 %\@t\A0q?R`zgt0 `r
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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. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. 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. CCllaassssiiffiieedd D RRooaadd ((SSPP2)2) LLooccaall OOppeenn SSppaaccee ((RREE11)) L R LLooccaall RRooaadd ((SSPP22)) T R T T RIVERSTONE Local T Road (SP2) T T T O8MC'opu*0;,n^P^j*'v
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Map identification number: . The reserved land is identified on the Land Reservation Acquisition Map and the following table identifies the acquisition authorities.
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%44:+pFr9U; 6aN>8Sn}QjTh|J=gaYntV\L+#6'Soo=_@"Q2=e6'Ds 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. 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. 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. 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. 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. vp-'9ap$-As~Cw6v~ Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time. %PDF-1.5
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. OIKa ^!./Vf)168B+CMK(Hn#l1t@ w,@}nzYJ1 f7 2Cu]O; `-w&:G$u. Amend the Land Reservation Acquisition Map to identify land to be acquired by Council for drainage, and local road purposes. 1572 0 obj
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Q(kXBzRAsR)&&O.+`5['S' MR-{*hrO&G2*hV9?[.jsk?-F`2! Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such. ;:t1#eC|9S$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 Offensive storage establishments are a type of, Residential care facilities are a type of, Resource recovery facilities are a type of. 0000254934 00000 n
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 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. c. The Affordable Housing SEPP was inconsistent with the Growth Centres SEPP with respect to the minimum lot size. Council Chambers 62 Flushconnbe Road Blacktown NSW 2148 Telephone: (02) 9839 6000 Facsimile: (02) 9831-1961 DX 8117 Blacktown Email:
[email protected] Website: www.blacktown.nsw.gov.au All correspondence to: The General Manager PO Box 63 Blacktown NSW 2148 PCU066821PCU066821 The Court of Appeal Supreme Court of NSW.