Blacktown Local Environmental Plan 2015

This Plan is Blacktown Local Environmental Plan 2015.

This Plan commences on the day that is 6 weeks after the day on which it is published on the NSW legislation website.

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 particular aims of this Plan are as follows—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

to recognise the role of the urban renewal precincts as the major locations for higher density residential and employment development for the city,

to ensure that appropriate housing opportunities are provided for all current and future residents through diversity of housing choice,

to provide land for community facilities, public purposes and recreational pursuits,

to encourage development opportunities for business and industry so as to deliver local and regional employment growth,

to minimise risk to the community by restricting development in sensitive areas that are subject to flooding and other hazards,

to provide for infrastructure to maintain and meet demands arising from housing and employment growth,

to conserve and enhance Blacktown’s built, natural and cultural heritage,

to conserve, restore and enhance biological diversity and ecosystem health, particularly threatened species, populations and communities.

This Plan applies to the land identified on the Land Application Map.

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

Notes in this Plan are provided for guidance and do not form part of this Plan.

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

approved by the local plan-making authority when the map is adopted, and

as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(Repealed)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

Blacktown Local Environmental Plan 1988

Blacktown Local Environmental Plan (Central Business District) 2012

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Riverstone Town Centre) 2026 must be determined as if the policy had not commenced.

Note.

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. 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.

State Environmental Planning Policy No 29—Western Sydney Recreation Area is amended by omitting clauses 5 and 6 and by inserting instead—

5 Plan does not apply to land to which Blacktown LEP 2015 applies

This Plan does not apply to the land to which Blacktown Local Environmental Plan 2015 applies.

State Environmental Planning Policy No 59—Central Western Sydney Regional Open Space and Residential is amended by inserting at the end of clause 4—

Despite subclause (1), this Plan does not apply to the land to which Blacktown Local Environmental Plan 2015 applies.

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, sections 16–18 do not apply to land identified as “Riverstone Town Centre” on the Key Sites Map.