The development to which the Planning Agreement applies includes the Developer's offer to provide Development Contributions in the form of:. The Planning Agreement will provide certainty for the Developer and the Council in relation to the provision of Development Contributions and will promote and co-ordinate the orderly and economic use and development of the land to which the Planning Agreement applies. 9 Identification of how the proposed Planning Agreement promotes elements of the Council's charter under the Local Government Act 1993.
The planning agreement furthers the Council's charter under section 8 of the Local Government Act 1993 as follows:. 10 Identification of the planning purpose served by the proposed planning agreement and whether the proposed planning agreement provides a reasonable means of achieving that purpose. This document is made with respect to the proposed development and applies to the plot.
Not Used
Dedication
Monetary Contributions 1 Payment
Payment of the total monetary contribution may be made by check or electronic bank transfer to the bank account designated by the Council. The increased Total Cash Contribution is the Total Cash Contribution in the subsequent 12 months. The Cash Contribution and the Additional Cash Contribution must be paid at the times determined in accordance with Schedule 7.
The total monetary contribution is required to finance the construction or improvement of local infrastructure and the public domain in the vicinity of the land.
Works
In the event of a conflict between this Agreement and the Development Consent or any applicable law, the Development Consent or the law shall prevail to the extent of the conflict. g). It is the Developer's responsibility to ensure that everything necessary for the proper performance of its obligations under this Agreement is provided or made available. h) The works must be handed over to the Council:. a) by no later than the Handover Date for the Works, and (b) otherwise in accordance with this Agreement.
Ownership of Works
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
Agreement, insofar as it relates to the Works described in Item 2 of Schedule 4, the Council may, without notice to the Developer, call upon the Security for any amount payable to the Council.
Easements Covenants and Restrictions on Title
Application of s7.11 and s7.12 of the Act
Modifications
Termination
Consequences
Private Certifiers
Notices
Breach Notice and Rectification
Dispute resolution 1 Disputes
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 1 Acknowledgement
Each party shall continue to perform its obligations under this document while any dispute is resolved under this clause. Provided that the Developer is not in default of any of its obligations under this document at the relevant time, the Council will, at the request of the Developer, remove this document from the title of any part of the land where the development contributions are required to be provided by the Developer in respect of that part of The Land has been undertaken, including completion of the Work and payment of the Monetary Contribution or the Additional Monetary Contribution (as the case may be). Where the developer chooses to pay a monetary contribution or additional monetary contribution (as the case may be) prior to the creation of a residential plot (and prior to the construction of a dwelling on that plot) based on the estimated number of dwellings to be built on the reason accepted by the Council, the Council will also remove that document from the title of such lot before issuing a certificate of subdivision for that lot.
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. The Developer must pay the Council's reasonable expenses, including registration fees, any stamp duty, legal costs and disbursements, for the registration of this document and the subsequent removal of registration.
Costs
General
Any amendment to this document shall be of no force or effect unless made by a document signed by both parties. This document confers rights only on the person named as the customer and not on any other person. 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 do not merge with any act done or document executed by any party for the purpose of the execution of this document. Any representation in this document survives the execution of any document for the purposes of, and continues after the execution of, this document. The failure of any party to exercise any right hereunder shall not operate as a waiver, and the single or partial exercise of any right by such party shall not preclude any other or further exercise of that or any other right by such party.
A party's rights under this document are cumulative and not exclusive rights provided by law. This document may be executed in any number of counterparties, all of which together shall be deemed to constitute one and the same document. If a party enters into this document as a trustee of a trust, that party and its successors as trustees of the trust will be liable under this document as trustees of the trust.
The party guarantees that on the date of this document: a) all the powers and discretions granted by the deed establishing the trust are able to be validly exercised by the party as trustee and have not been changed or. is revoked and the trust is a valid and existing trust;. The parties represent and warrant that they have the power to enter into this document and to perform their obligations hereunder and that entering into this document will not result in a violation of any law.
Definitions and interpretation 1 Definitions
Dedication Lands means the parts of the Land specifically identified for dedication to the Council in Schedule 3. Development Consent means the development consent granted by the Council in terms of section 4.16 of the Act in relation to the Land. Dwelling means a room, or suite of rooms, occupied or used, or so constructed or adapted, as to be capable of being occupied or used, as a separate domicile to be erected on the Land as part of the Proposed Development and is not limited. to a Dwelling capable of being subject to a separate title and sold separately from other Residential Plots within the Proposed Development.
Environment has the same meaning as set out in the Dictionary to the Protection of the Environment Operations Act 1997 (NSW). GST means any tax, charge, levy or levy implemented under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) or any Act of the Parliament of the Commonwealth of Australia, principally in the form of, or which has a comparable effect to, the GST Act;. Delivery means delivery to the Council of Works in accordance with this agreement.
rectification certificate means a certificate of compliance within the meaning of section 6.4(1)(a)(v) of the Act certifying that the work which is the subject of a rectification notice has been completed in accordance with the notice. A notice of correction means a written notice that identifies a defect in the work and requires that the defect be corrected within a specified period. Residential plot means a plot that forms part of the land, the plot of which is intended for development with the construction of one or more dwellings and is not intended for further subdivision prior to the construction of these dwellings.
Security means a Bank Guarantee or bond in favor of the Board on terms satisfactory to the Board in accordance with clause 22. Total Monetary Contribution has the meaning assigned to that term in clause 8.1. In this document unless the context otherwise requires:. a) clause and sub-clause headings are for reference purposes only;.
Location Plan
Proposed Development
Dedication Land
The Works
Monetary Contributions
Additional Monetary Contribution
Timing of payment of Monetary Contribution and Additional Monetary Contribution
Execution Page
The purpose of this explanatory note is to provide a plain English summary to support the notification of a draft voluntary planning agreement (Planning Agreement) under s7.4 of the Environmental Planning and Assessment Act 1979 (NSW) (Act). This explanatory note has been prepared jointly between the parties as required by section 25E of the Environmental Planning and Assessment Regulations 2000 (Regulations). This explanatory note should not be used to assist in the interpretation of the planning agreement.
The purpose of the proposed planning agreement is to record the terms of the offer made by the developer and his obligations (if the planning agreement is with the council) to: a) dedicate the land to the Council;. The aim of the planning agreement is to require the developer to make contributions to ensure that the developer contributes to the implementation of the commitment and required works and that existing communities do not bear these costs. The nature of the planning agreement is a contractual relationship between the council and the developer for the acceptance of contributions.
The effect of the Planning Agreement is that the Developer Parties will make the Contributions in the manner specified in the Planning Agreement (if applicable). Whether the planning agreement stipulates that certain requirements must be met before a building certificate, certificate of use or subdivision certificate can be issued. Assessment of the merits of the proposed planning agreement and the impact on the public The planning agreement promotes:. a) public interests; and (b) the purposes of the law.
A planning agreement supports the public interest by providing contributions resulting in significant public benefit from the monetary contributions and dedicated land being used for future public purposes as Council sees fit. Setting out how the proposed planning agreement promotes the elements of the Council's charter under the Local Government Act 1993.
