The monetary contribution (which is $300,000) must be paid prior to the issuance of the subdivision certificate for the Development. The Planning Agreement promotes the Council's charter under section 8 of the Local Government Act 1993 as follows:.
Defined meanings
The Transferor and the Transferor have agreed to assign all of the Transferor's rights, obligations and interests under the Planning Agreement to the Transferor as of the Effective Date on the terms set forth herein. On and from the Effective Date, the Beneficiary:. i) will be bound by and must comply with the planning agreement; and (ii) obtains the rights and assumes the obligations of the transferor under.
Planning agreement under the Act
The Joint Regional Sydney Central City Planning Panel is the consenting authority under the Environmental Planning and Assessment Act 1979 (NSW) (Act) for the Proposed Development. The Council is required to assess the Proposed Development before consent is granted by the Joint Regional Planning Panel. The Developer submitted the Development Application for consent to a Draft Master Plan and Phased Residential Subdivision on land in Lot 2 DP 817696 on 4 July 2011 and made amendments to the Development Application.
As part of its land subdivision development proposal, the Developer is offering to allocate proposed lot 257 (Dedication Land) as a public reserve at no cost to the Council. The developer submitted an amendment to the development application for permission to change the approved stormwater management strategy with respect to lot 214 in DP 1239622 (dedication land). As part of its proposals, the developer is offering to install drainage retention tanks in the Land of Devotion, designed for the 100 year stormwater event in accordance with Council for the Shire design parameters and sized to accommodate an additional increase in rainfall intensity. 20% to allow for such part of the proposed development as drainage to the south.
Application of this document
Operation of this Agreement
Dedication Land
The parties agree that this document is a planning agreement within the meaning of subsection 2 of section 6 of part 4 of the Act. b) After registering the subdivision plan creating the land as a separate plot with the Land and Property Information and before starting construction of the works, the developers must submit a survey plan for the dedicated land to the Council. On the date of signing this document, the Developer will give the Council, in registrable form, a caveat in respect of the dedicated land, confirmed by the consent of the owner in the form and on the terms of the caveat attached hereto as Annexure A. The Developers acknowledge and agree that the notice must be in registrable form identifying the land with a survey plan in accordance with the Real Estate Regulations 2008 (NSW) including Schedule 4. d) The Council must not unreasonably refuse to consent to the registration of any business of the mortgagee which would not have a material adverse effect on the Council's interest in the consecrated land.
Dedication
Monetary Contributions
The increased monetary contribution and the second monetary contribution will be the monetary contribution and the second monetary contribution in the following 12 months. The monetary contribution is required to finance the construction of public domain improvements adjacent to the Land (including those specified in section 93(F)7.4(2) of the Act) as determined by the Council's General Manager from time to time and the Council will apply the Monetary Contribution for these purposes. The Second Monetary Contribution is required for the purpose of off-site bioretention facilities as determined by the General Manager of the Council from time to time and the Council will apply the Second Monetary Contribution for these purposes.
Works
The Council grants the Developer a non-exclusive personal license to enable the Developer and its agents, employees, contractors, subcontractors or consultants to access and use the Dedication Land for the purposes of carrying out the Works (License). The License expires upon Delivery of the Works or otherwise upon termination of this Agreement. The Developer must at all times comply with all reasonable directives and requirements of the Council in relation to its access, use and occupation of the Dedication Land.
8A.4 Except as required by law and subject to clause 8A.3, the Council shall not do anything to prevent the Developer or its agents, employees, contractors, subcontractors or consultants from accessing and using the Dedicated Land under the License for the purposes described in clause 8A.1. 8A.5 The Developer shall indemnify the Council against any claim (of any kind) made in relation to the access, use, possession and occupation of the Dedicated Land by the Developer or its agents, employees, contractors, subcontractors or consultants, except to the extent that such losses, damages, costs, charges, expenses, actions, claims and demands are caused by Council, its employees, agents and contractors. 8A.6 In order to meet its employment, health and safety obligations, the Developer is permitted to fence off the Dedicated Land and control access to the Dedicated Land, for the duration of the performance of the works.
Ownership of Works
Effect of Developer’s Compliance with this Agreement
Determination of Value
Access to the land and location of Works
Protection of People, Property and the Environment
Damage and Repairs to the Works
Variation of Works
Hand-Over of Works
Failure to Carry out and Hand-Over Works
Works-As-Executed-Plan
Rectification of Defects
Cost of Works carried out by the Council
Indemnity and Insurance
Provision of Security
Easements Covenants and Restrictions on Title
This document must be registered on the title of the Land by the Developer as soon as possible after it is made. Each Party must immediately execute any document and perform any action necessary to effect the registration of this document on the title to the Land. The obligations of the Council have been fulfilled when the Council provides the Developer with a signed Request in registrable form for the exemption from registration of this document.
In the event that the Developer enters into a contract for the sale of the Land subject to the Development Consent, the Developer (as vendor) will disclose the existence of this Agreement to the purchaser. Contribution Value means the amount specified as the contribution value of the Works as shown in Schedule 3. Development Consent means the development consent to be granted by the Joint Regional Sydney Central City Planning Panel under Section 80 4.16 of the Development Application Act.
Environment has the same meaning as set out in the Dictionary to the Protection of the Environment Act 1997 (NSW). Handover means the handover to the Works Council in accordance with this Agreement.
Application of s7.11, s7.12 and S7.24 of the EPAA
Modifications
Termination
Consequences
Private Certifiers
Notices
Breach Notice and Rectification
Dispute resolution
When the notice of dispute is served, the receiving parties must refer the dispute to an official with sufficient powers to resolve the dispute. The designated officials of each Party must meet at least once and make reasonable efforts to resolve the dispute by negotiation within seven days of service of the notice of dispute. By agreement, the designated officials can use the services of a mediator to help them resolve the dispute.
If the appointed officials are unable to resolve the dispute within seven days of service of the notice of dispute, they must endeavor to appoint an expert by agreement within the next seven days. In determining the allocation of costs, the expert may take into account what the expert believes in his reasonable opinion is a lack of good faith or the failure of any party to use reasonable efforts to assist the expert or to resolve the dispute between the parties. designated officers as required by this clause.
Registration of document on Title
Costs
Exhibition fees or fees payable to the NSW Department of Planning &
General
Each party must sign any document and do any act necessary to give full effect to that document, whether before or after the execution of that document. a). The provisions of this document shall not be combined with any act or document executed by either party for the purpose of implementing this document. Each representation herein shall survive the execution of any document for purposes and shall continue after the execution of that document.
A party's rights under this document are cumulative and do not exclude any rights established by law. If a party enters into this document as trustee of a trust, that party and its successors as trustee of the trust shall be liable under this document in their own right and as trustee of the trust. If any clause or part of a clause is found to be illegal, unenforceable or invalid, that clause or part shall be deemed deleted from this document, but the rest of this document shall remain unaffected.
Definitions and interpretation
Transfer Date means the date of recording of the Plan of Subdivision creating Lot 257 (being the Dedication Land) of the Land and Property Information on that date. Joint regional planning panel means a joint regional planning panel established in accordance with section 23G of the Act. rectification certificate means a certificate of compliance under section 109C(1)(a)(v) of the Act that work which is the subject of a rectification notice has been carried out in accordance with the notice.
The contribution value of the works is $400,000, excluding the on-site stormwater detention tank and access road. 360,000 Except where Clause 7.3 Pro Rata Payment applies then the date of Before the issue of the subdivision certificate for that part of the Land in the development stage the Development. DEVELOPMENT OF THE LAND SITUATED AT 64 MACKILLOP RAY, BAULKHAM HILLS IN THE HILLS SHIRE LOCAL GOVERNMENT AREA.
The developer has offered to enter into the Planning Agreement in relation to the Proposed Development to specify the development contributions to be made to Council in relation to the execution of the Proposed Development subject to and in accordance with the Planning Agreement. If the proposed Planning Agreement is entered into between the developer and the Council, the developer will be expected to make the Development Contributions as set out in Annexes 2, 3 and 4 of the Planning Agreement.
