Agreement deed

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Corrs Chambers Westgarth

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Deed of Amendment to Planning Agreement

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Annexure A

Explanatory Note

Environmental Planning and Assessment Regulation 2021

(Section 205(1))

Explanatory Note

1 Background

The original parties to the Planning Agreement were the Hills Shire Council (Council) and E.J Cooper & Sons Pty Ltd (the Previous Developer). On 28 April 2020, the Planning Agreement was novated from the Previous Developer to Stockland Development Pty Ltd (Developer) pursuant to a Deed of Novation between Council, the Previous Developer and the Developer also dated 28 April 2020.

The Planning Agreement requires the Developer to provide development contributions in the form of works in kind and land dedication as described in Schedules 1 and 3 of the Planning Agreement to facilitate the subdivision of the Land into parcels, the erection of approximately 4,100 dwellings, the establishment and erection of a 5.5 hectare town centre, the construction of new roads and associated infrastructure, the building of a school site, the building of sporting fields and parks, provisions of land for environmental protection and provision of ancillary and associated development uses (Development).

By letter dated 19 August 2019, Council agreed to vary the timing of delivery of Item TM10 of Schedule 3 of the Agreement, being external road works on Boundary Road/Old Pitt Road pursuant to clause 16 of the Planning Agreement.

By letter dated 16 May 2023, the Developer offered to further vary the Planning Agreement. The proposed variation is to update the allocation of lot yields within each precinct of the Development.

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2 Summary of Objectives, Nature and Effect of the Deed

2.1 Objects of the Deed

The objective of the Deed is to amend the Planning Agreement to as described above.

2.2 Nature of the Deed

The Deed is a deed of variation to the Planning Agreement under section 203(5) of the Environmental Planning and Assessment Regulation 2021.

2.3 Effect of the Deed

The effect of the Deed is to amend the Planning Agreement to update the Schedule 2 Yield Schedule for the Land. There is no change to the total Yield count.

3 Assessment of the merits of the

Deed, including the impact on the public or any relevant section of the public

Along with the existing development contributions, the Planning Agreement (as modified) promotes the orderly, efficient and economic development of the Land.

The proposed VPA amendments are primarily administrative in nature and do not seek to permit any additional yield within the Gables Precinct. Accordingly, they will not increase the overall dwelling yield envisaged under the VPA, being 4,100 dwellings. Rather, they seek to marginally adjust the break-down of the overall yield across the individual sub-precincts to more accurately reflect the roll-out of development that has occurred since rezoning of the Precinct since 2015.

The amendments would not result in any increase in demand for local infrastructure and would not warrant any additional infrastructure within the Work Schedule of the VPA. It is also considered that the slight redistribution of yield will not materially alter the location of demand for local infrastructure to the extent that any update will be required to the design or distribution of infrastructure within Precinct. The amendments simply seek to transfer a total of 87 lots from Precincts A and B to Precincts D, F, G, H and I. The Precincts where the yield is being transferred, with the exception of Precinct H, are generally located within the northern part of Gables which has a slightly higher level of accessibility to the local centre, parks, greenway links and playing fields. Furthermore, it is considered that the redistribution of yield will only result in a negligible change in traffic movement changes and as such will not warrant any change in the capacity of the intersections within the Precinct.

The amendments will facilitate the orderly rollout of development and

infrastructure within the Precinct. Given the scale and area of development that

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the VPA relates to, it is reasonable that housekeeping adjustments of this nature be considered to reflect the actual roll-out of development on the ground and ensure that the VPA assumptions (which were established in 2015) do not act as an impediment to the orderly roll-out of the planned development.

4 Other Matters

4.1 How the Deed promotes public interest and one or more of the objects of the Act

The Planning Agreement, as modified by this Deed, promotes the public interest by promoting the objects of the Act as set out in sections 1.3(a), (b), (c) and (j) of the Act.

4.2 The planning purpose/s served by the Deed

The Planning Agreement, as modified by this Deed, provides for the long term, staged and co-ordinated development of the Land. This planning purpose is facilitated by the provision of community building infrastructure, public recreation space, environmental conservation and monetary contributions to Council.

4.3 Whether the Deed conforms with Council’s Capital Works Program

The Planning Agreement, as modified by this Deed, also does not provide for works that relate to Council’s current Capital Works Program. The Planning Agreement has no effect on the Capital Works Program and is therefore conformant.

4.4 Whether the Deed specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued

The Planning Agreement, as amended by this Deed, specifies that various contributions be provided prior to issue of Subdivision Certificates for various stages of development, as per Schedule 1 and 3, or in accordance with Clause 24.