The site is located on the northern boundary of the Castle Hill North Precinct and is approximately 800m from the future Castle Hill railway station. The site plan and a photomontage of the concept submitted by the proponent are included in the following figures. Accordingly, the road improvements already identified by the Castle Hill North area masterplan are considered sufficient to accommodate the additional traffic generation resulting from the proposed development.
As part of negotiations on the draft VPA, the proponent has offered to increase the area of the western road link from 750m2 to 968m2 (to match the area of Vivien Place that would be enclosed and incorporated into the development area). The developer will own the land that is the subject of planning proposal 2/2017/PLP for the rezoning of the land. As part of the proposed development, the developer is prepared to construct a road on the site and dedicate it to the Council in connection with the completion of the development in accordance with this deed.
The Board is prepared to transfer title to Vivien Place to the Developer in connection with the implementation of the development in accordance with this Deed. The Developer is willing to pay a monetary contribution to the Board in connection with the implementation of the development in accordance with this Act.
Defined meanings
Planning agreement under the Act
Application of this document
No restriction on Council’s Powers
Operation of this Agreement
Dedication Lands
Dedication of Dedication Lands
Vivien Place
Transfer of Vivien Place
Monetary Contributions
ORDINARY COUNCIL MEETING JUNE 26, 2018. percentage increase, if any, in the recently published Producer Price Index prior to the relevant anniversary. NOTE: For the avoidance of doubt, housing monetary contributions collected under the relevant contribution schedule applicable to the Castle Hill North area (see clause 10.2) will be paid in accordance with the relevant contribution schedule applicable to the Castle Hill North area. The Total Monetary Contribution is required to finance the construction of public domain improvements adjacent to the Land (including those specified in section 7.4(2) of the Act) as determined by the Council's General Manager from time to time and the Council will apply the Total Monetary Contribution for these purposes.
Easement
Works
Ownership of Works
The Developer warrants that after Handover of the Roadworks it is not subject to any security interest (as defined in the Personal Property Securities Act 2009 (Cth) (PPSA)) and any security interest recorded in the Personal Property Securities Register has been written off. The Developer indemnifies the Council against all claims, costs, losses and expenses which the Council may suffer arising from any breach of this warranty or any claim or action taken by any person in respect of any security interest (as defined in the PPSA) in the Works.
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
Application of s7.11 and s7.12 of the EPAA
Modifications
Termination
Consequences
Private Certifiers
Notices
Breach Notice and Rectification
Dispute resolution
ORDINARY MEETING OF COUNCIL 26 JUNE 2018. ii) made and delivered to the parties within one month from the date of submission of the dispute to the Expert or the date of completion of the last hearing or investigation called by the Expert, if later. In determining the allocation of costs, the Expert may take into account what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable efforts by any party to assist the Expert or resolve the dispute between the parties. ' nominated officers as required by this clause.
Registration of document on Title
Each party shall continue to perform its obligations under this document while any dispute is resolved under this clause. The developer shall pay the Council's reasonable expenses, including registration fees, stamp duty if applicable, court costs and disbursements, for the registration of this document and the subsequent removal of the registration, on an indemnified basis. The developer will be entitled to benefit from any special or discounted rates charged to the Council by its consultants and legal advisers and will be entitled to seek assessment of any legal costs paid by a third party under s 350(2) in the legal profession. Act 2004 (NSW).
Costs
GST
General
Any amendment to this document shall have no force or effect unless effected by a document executed by the parties. This document confers rights only on a person expressed to be a party, and not on any other person. Each party shall execute any document and perform any action necessary to give full effect to this document, whether before or after execution of this document. a).
The provisions of this document are not in conjunction with any action taken or document performed by any party for the purpose of executing this document. Each representation in this document survives the execution of each document for the purposes of, and continues after, the execution of this 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 the trust, that party and its successors as trustee of the trust will be liable hereunder alone and as trustee of the trust. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part shall be treated as removed from this document, without affecting the rest of this document.
Definitions and interpretation
Delivery means delivery to the Council of Works in accordance with this agreement. Monetary Contributions means the monetary development contributions payable to the Council under the terms of the development consent as specified. After approval of the planning proposal, the developer proposes to submit development applications to the municipality for the site.
Development within the Castle Hill North Precinct must take account of this part of the DCP as well as other relevant controls in the DCP 2012. Treatment of the front setback areas must be integrated with the public domain treatments identified within the Castle Hill North Public Domain Plan and provide a coherent streetscape. Provide moderate and low planning in the private open courtyards to soften the interface between the built form and the public realm.
To ensure that development in the vicinity of Garthowen House does not impact on the heritage significance of the heritage item. 50% of the site area (excluding land to be dedicated or acquired for a public purpose) up to 8 floors;. 40% of the site area (excluding land to be dedicated or acquired for a public purpose) of 9 to 12 floors; and.
When the facility comprises several buildings with different orientations, the greater part of the entire development faces the street. The soft landscaping at the front of the terrace must cover at least 40% of the set back area, contiguous and at least 2m in any direction. The towers reduce the mass and scale of the proposed development and reflect a lean built form.
Residential flats must comply with the flexible housing requirements of Part B, Section 5 Residential Flats of The Hills DCP 2012. Parking will be provided at the rates set out in Part 6 of this DCP. Garages and parking facilities must not project beyond the building line and must be protected from the public domain by active use.
The application of the development incentive provision to the Castle Hill North Precinct is described below. The following table lists the 3,425 additional units within the Castle Hill North Precinct in accordance with the new mix and size requirement. Accordingly, it is reasonable to assume that approximately 62% of the additional housing stock to be provided in The Hills Shire by 2031 should be able to accommodate these households.
Of the 37,934 additional dwellings projected within The Hills Shire from 2016, they will need to accommodate approximately one family household.
