Ref: LC/AM 3462-4533-3283v3
Draft No 1 1 June 2023
Stockland Development Pty Ltd The Hills Shire Council
Deed of Amendment
to Planning Agreement
Contents
1 Definitions 1
2 Status of this Deed 2
3 Commencement 2
4 Amendments to Planning Agreement 3
5 Affirmation of Planning Agreement 3
6 Explanatory Note 3
7 Costs 4
8 General 4
8.1 Amendment 4
8.2 Electronic execution 4
8.3 Deed 4
Execution 5
Annexure A - Explanatory Note 6
Corrs Chambers Westgarth
3462-4533-3283v3 page 1
Deed of Amendment to Planning Agreement
Date
Parties
Stockland Development Pty Ltd ACN 000 064 835 of Level 25, 133 Castlereagh Street, Sydney 2000, Australia (Developer)
The Hills Shire Council ABN 25 034 494 656 of 3 Columbia Court, Baulkham Hills, NSW, 2153 (Council)
Background
A On 12 March 2015 the Previous Developer entered into the Planning Agreement with the Hills Shire Council with respect to the Proposed Development and the Land.
B By letter dated 19 August 2019, the Planning Agreement was varied.
C On or around April 2020, the Previous Developer entered into a contract for sale of the Land to the Developer.
D On 28 April 2020:
a. the Developer, the Previous Developer and Council entered into the Deed of Novation to replace the Previous Developer with the Developer;
and
b. the novation of the Planning Agreement from the Previous Developer to the Developer took effect pursuant to the Deed of Novation.
E The Parties to this Deed are the current parties to the Planning Agreement.
F The Developer now offers to vary the Planning Agreement in accordance with this Deed.
Agreed terms
1 Definitions
(a) In this document these terms have the following meanings:
Deed This deed including any schedules, annexures, appendices and attachments to this Deed. A reference to this Deed includes the agreement recorded in this Deed. Any schedules, annexures, appendices and attachments form part of this Deed.
Deed of Novation The Deed of Novation between the Developer, the Previous Developer and Council dated 8 April 2020 to replace the Previous Developer with the Developer as a party to the VPA.
EP&A Regulation 2021
Environmental Planning and Assessment Regulation 2021.
Party A party to this Deed. A reference to a Party to this Deed includes a reference to the servants, agents and contractors of the Party and the Party’s successors and assigns.
Planning Agreement
The Box Hill North Planning Agreement entered into between Council and the Previous Developer dated 12 March 2015, as varied pursuant to the Variation Letter and as novated to the Developer pursuant to the Deed of Novation.
Previous Developer
E.J Cooper & Son Pty Ltd (ACN 000 269 750).
Variation Letter The letter from Ben Hawkins of Council to the Jacqueline Bowie of the Previous Developer dated 19 August 2019 varying the timeframe for the delivery of the upgrade of the intersection at Boundary Road / Old Pitt Town Road (Item TM10 in Schedule 3 of the Planning Agreement).
(b) Capitalised terms which are not defined in this Deed have the same meaning as in the Planning Agreement.
(c) Clauses 35, 40, 41, 42.2 and 42.3 of the Planning Agreement apply as if they form part of this Deed, with any necessary changes.
2 Status of this Deed
This Deed is an amendment to the Planning Agreement within the meaning of section 203(5) of the EP&A Regulation 2021.
3 Commencement
(a) This Deed operates only if the Council executes this Deed.
(b) The Council must notify the Developer immediately after the Council executes the Deed and promptly provide the Developer with this Deed as executed by Council.
(c) Provided clause 3(a) and 3(b) is satisfied, this Deed commences operation from the date it is signed by all Parties in accordance with section 203(1)(b) and 203(3) of the EP&A Regulation 2021.
Corrs Chambers Westgarth
3462-4533-3283v3 page 3
Deed of Amendment to Planning Agreement
4 Amendments to Planning Agreement
Schedule 2
On and from commencement of this Deed under clause 3, Schedule 2 of the Planning Agreement is amended to update and reallocate the yields set out in the Yield Schedule for the Land, on the terms set out below:
Precinct Anticipated
Dwellings
A 549
B 854
C 243
D 423
E 545
F 357
G 220
H 399
I 510
TOTAL 4100
Clause 24
On and from commencement of this Deed under clause 3, Clause 24 of the Planning Agreement is amended to include the following additional sub-clause:
24.2 Where contributions required by clause 24.1 for additional dwellings have been paid to Council, but the maximum yield for that precinct in the Yield Schedule was subsequently reallocated to cover those additional dwellings, upon request in writing, Council may refund those
contributions paid to Council.
5 Affirmation of Planning Agreement
The Planning Agreement will be read and construed subject to this Deed and in all other respects, the provisions of the Planning Agreement will continue in full force and effect, subject to the variation contained in this Deed.
6 Explanatory Note
(a) Annexure A contains the Explanatory Note relating to this Deed required by section 205(1) of the EP&A Regulation 2021.
(b) Pursuant to section 205(5) of the EP&A Regulation 2021, the Parties agree that the Explanatory Note is not to be used to assist in construing this Deed.
7 Costs
The Developer must pay to the Council, the Council’s reasonable costs
associated with the negotiation, preparation, exhibition, legal review, execution and registration of this Deed within 7 days of a written demand by the Council for such payment.
8 General
8.1 Amendment
No modification or review of this Deed will be of any force or effect unless it is in writing and signed by the Parties to this Deed.
8.2 Electronic execution
(a) The Parties acknowledge and agree that each Party may sign an electronic copy of this Deed by any method of electronic signature and bind itself accordingly. This will satisfy all other requirements for this Deed to be in writing and signed by that Party.
(b) The Parties agree that this Deed may be exchanged by hand, post or any electronic method that evidences a Party's execution of this Deed.
8.3 Deed
This document is a deed. Factors which might suggest otherwise are to be disregarded.
Corrs Chambers Westgarth
3462-4533-3283v3 page 5
Deed of Amendment to Planning Agreement
Execution
Executed
as a deed.Executed by Stockland Development Pty Ltd
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Company Secretary/Director
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Name of Company Secretary/Director (print)
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Director
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Name of Director (print)
The common seal of The Hills Shire Council was affixed under a resolution passed by Council on ……….
in the presence of:
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General Manager
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Name of General Manager (print) ...
Witness
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Name of Witness (print)
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Mayor
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Name of Mayor (print)
