ITEM-6 LTC RECOMMENDATION SEPTEMBER - GILHAM STREET, CASTLE HILL - PROPOSED CHANGES TO 'NO PARKING' AND 'NO STOPPING RESTRICTIONS'. A MOTION WAS CONSIDERED BY COUNCIL JETHI AND CARRIED BY COUNCIL RUSSO THAT THE MINUTES OF THE REGULAR COUNCIL MEETING HELD ON SEPTEMBER 22, 2020 BE CONFIRMED.
HORWOOD RESERVE, RENOWN ROAD, BAULKHAM HILLS
579 RESOLUTION
RIVER COUNTY COUNCIL AND AUDIT COMMITTEE
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR HASELDEN THAT
Council elect Councillor Russo as a representative on Council’s Audit Committee for the remainder of this Council term
THE MOTION WAS PUT AND CARRIED
580 RESOLUTION
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR THOMAS THAT the report be received
581 RESOLUTION
VOTING FOR THE MOTION Clr Dr P J Gangemi
VOTING AGAINST THE MOTION Mayor Dr M R Byrne
QUESTIONS WITHOUT NOTICE 582 HERITAGE PARK WELL
583 INVITATION – MR BRUCE MILLS OF PARRAMATTA CITY COUNCIL
584 GABLES LAKE
We, the undersigned councillors, hereby give notice of our intention at the next council meeting to revoke the decision from the ordinary council meeting held on 13 October 2020 regarding item 12 – Christmas in the Hills.
QUALIFIED NOTICE OF MOTION
ATTACHMENTS
Report to Council - Christmas in the Hills
STRATEGY
The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our
MEETING DATE: 27 OCTOBER 2020 COUNCIL MEETING
GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS
LAURA MORAN
RESPONSIBLE OFFICER: MANAGER – FORWARD PLANNING NICHOLAS CARLTON
EXECUTIVE SUMMARY
October 2020. Council received one (1) submission, from Transport for NSW (a party to the VPA)
Despite this, TfNSW made a further and different submission during the public exhibition period and requested amendments to the draft agreement. This report also recommends that one further minor post-exhibit amendment be made to the Deed of Amendment, to improve its readability and usability, by including a complete copy of the VPA, as amended by the Deed of Amendment and without marked text, such as Schedule 2 to the Deed.
HISTORY
The Draft Voluntary Planning Agreement be updated, as required, prior to exhibition to incorporate the recommendations of the legal
BACKGROUND
The approval of changes to the roadworks to be completed in conjunction with the Phase 3 extension of Castle Towers led to the need for associated changes to the existing VPA. In December 2018, the Council received a formal request from RMS and QIC to consider changes to the existing VPA so that the work to be carried out under the VPA reflects and facilitates the approved realignment of Pennant Street.
REPORT
OUTCOMES OF LEGAL REVIEW PROCESS
The legal review and negotiations with the QIC and Transport for NSW were extensive and concluded in September 2020. As part of the legal review process amendments were therefore made to the Amendment Act and the draft VPA to recognize that these other obligations under the VPA' one has been satisfied.
EXHIBITION DETAILS
It is also noted that since Council first considered the draft amendments in March 2019, Transport for NSW and QIC have met their other obligations under the terms of the existing VPA, being the completion of the Showground Road improvement works and the payment of contributions cash from QIC to Transport for NSW.
PUBLIC AUTHORITY SUBMISSION
In addition, the deed of amendment (as shown) describes the proposed changes to the existing VPA by including a "marked" version of the original VPA as Annex 1 to the deed. This would provide a consolidated, "clean" and current version of the VPA document that takes into account the changes made by the Deed of Variation.
IMPACTS Financial
To improve the readability and applicability of the document, it is also proposed to include a copy of the VPA, amended in accordance with the Amending Act and without additions, as Annex 2 to the Amending Act. The final draft of the variation deed, which contains changes after the exhibition, can be found as appendix 1 to this report.
Strategic Plan - Hills Future
The flags include colored and underlined text where new content is suggested to be included and strikethrough text for content suggested to be removed.
RECOMMENDATION
Deed of Variation – Planning Agreement – Castle Towers Stage 3 Expansion (185 pages)
Letter to Council from RMS – 3 December 2018 (1 page)
Deed of Variation
Planning Agreement – Castle Towers Shopping Centre Stage 3 Extension
Marsdens Law Group Level 1
Planning Agreement – Castle Towers
Parties
Address 3 Columbia Court Norwest NSW 2153
RMS Name Transport for New South Wales (Roads and Maritime Services)
Address 22 Ennis Road
Background
Operative Provisions
1 Definitions & Interpretation
Defined Terms
Interpretation
3 Affirmation
4 Costs
5 Administrative provisions
- Entire agreement
- Waiver
- Cooperation
- Counterparts
- Amendment
- Governing law
- Relationship of the parties
- Marked-up amendments
Any provision of this document that is invalid or unenforceable in any jurisdiction shall be read with respect to that jurisdiction, if possible, to be valid or enforceable, and may otherwise be severed to the extent of the invalidity or enforceability without affecting the remaining provisions of this document or affecting the validity or enforceability of this provision in any other jurisdiction. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any matter relating to this document.
7 Payment of the First Monetary Contribution and Second Monetary
Schedule 1A
Schedule 1B
Schedule 2A
Land to be dedicated as a public road – Showground Road 3029
Schedule 2B
Indicative plan of land to be dedicated – Showground Road 3130
Schedule 2C
Schedule 2D
Construction Zone Lands – Showground Road 3332
Schedule 3A
Schedule 3B
Schedule 9A
Land to be dedicated as a public road – Pennant Street 4140
Schedule 9B
Indicative plan of land to be dedicated – Pennant Street 4241 Schedule 9C
Schedule 9D
Definitions
Contribution A one-off contribution exclusive of GST) paid to RMS in accordance with Clause 7 of this Deed for the purpose of the Showground Road Upgrade Works. Contribution A lump sum contribution (excluding GST) paid to RMS in accordance with clause 87 of this Deed for the purpose of the Showground Road Upgrade Works.
Expansion
The parties agree that this deed operates and binds the parties from the date this deed is entered into by the parties. QIC shall pay RMS the first monetary contribution no later than 30 days after the date of this deed.
8.110.1 Dedication of land
Showground Road Dedicated Lands) at no cost to RMS or Council for the purpose of the Showground Road Upgrade Works between Pennant Street and Kentwell Avenue, including the intersection of Showground Road and Kentwell Avenue; and. For the avoidance of doubt, clause 10.1(e)(2) shall not apply to encumbrances registered during the period after the date of this deed and prior to the transfer of the Showground Road Dedicated Land.
8.210.2 QIC must not deal with property
The Council may, at its discretion, refuse its consent or grant consent with conditions to the extent that the trade would have a material adverse effect on the Council's interest in the Showground Road Dedicated Land. For the avoidance of doubt, the parties agree that the entry into an Access Permit pursuant to Section 10.1(g), the granting of an Easement pursuant to Section 910.1(a)(2) and the recording of a Public Positive Covenant and the extinguishment of the easement in accordance with clause 9.4 is not a trade for the purposes of this clause.
8.310.3 Caveat
8.410.4 Extinguishment of easement and registration of Public Positive Covenant
- Dedication of land
- QIC must not deal with property
- Caveat
- Buy and Sell
- Council and RMS to assist in subdivision
- Conditions to Completion
- Completion
The Council may, in its sole discretion, withhold or conditional consent to the extent that the Transaction would have a material adverse effect on the Council's interest in Pennant Street Dedicated Land. Subject to completion of the Excluded Works in accordance with the requirements of this deed:. a) the parties agree that this act excludes the application of Sections 947.11 and 94A7.12 of the EPA Act as they relate to the Restricted Works.
10.115.1 Registration
But to the contribution plan no. 9 Castle Hill Town Center (CP9), which are excluded works (currently for capital and $780,000 for land acquisition, which is the total cost spread over CP9).); and (d) the Council acknowledges and agrees that notwithstanding clauses 1013(a),.
10.215.2 Consents to Registration
10.315.3 Release from Registration
10.415.4 Registration Expenses
15.120.1 Notice of dispute
15.220.2 Response to Claim Notice
15.320.3 Negotiation
15.420.4 Further notice if not settled
15.520.5 Mediation
15.620.6 Litigation
15.720.7 Exchange of information
15.820.8 Continue to perform obligations
1621 GST
16.121.1 Interpretation
16.221.2 Reimbursements
16.321.3 Additional amount of GST payable
16.421.4 Variation
17.122.1 Costs
17.222.2 Notices
17.322.3 Waiver
17.422.4 Governing law
17.522.5 Prior agreements superseded
17.622.6 Modification of deed
17.722.7 Representations and warranties
17.822.8 Severability
17.922.9 Confidentiality, media releases and enquiries
17.1022.10 Counterparts
17.1122.11 No fiduciary relationship
17.1222.12 Further acts
The application of section 947.11 of the Act is excluded in relation to any development consent granted for, or modification to, Development in respect of Excluded Works. SUBJECT AND SUB-SECTION OF THIS ACT PLANNING AGREEMENT Consideration of benefits under this act if.
Property Details
Road Reserves
As amended
12 11 Assignment of Land as a Public Road – Pennant Street 13 12 Sale of Existing Pennant Street Land from the City to QIC 14 13 Mandatory Acquisition of Dedicated Lands 15 14 Application of Sections 7.11 and 7.12 of the EPA Act to the.
Land to be dedicated as a public road – Showground Road 29
Indicative plan of land to be dedicated – Showground Road 30
Construction Zone Lands – Showground Road 32
Land to be dedicated as a public road – Pennant Street 40
Indicative plan of land to be dedicated – Pennant Street 41 Schedule 9C
- Dedication of land
- QIC must not deal with property
- Caveat
- Extinguishment of easement and registration of Public Positive Covenant
- Registration
- Consents to Registration
- Release from Registration
- Registration Expenses
- Notice of dispute
- Response to Claim Notice
- Negotiation
- Further notice if not settled
- Mediation
- Litigation
- Exchange of information
- Continue to perform obligations
6 QIC agreed to pay RMS a monetary contribution for the performance of the Showground Road Upgrade Works, with all requirements fully met. Street Dedicated Lands) at no cost to RMS or Council for the realignment of roads for Pennant Street. Subject to completion of the Excluded Works in accordance with the requirements of this deed:. a) the parties agree that this act excludes the application of Sections 7.11 and 7.12 of the EPA Act as they relate to the Restricted Works;.
This deed must be registered on the title of the Land as soon as practicable after it is made. Each Party must immediately execute any document and take any action necessary to effect the registration of this deed on title to the Land. This deed may be enforced by either party in any court of competent jurisdiction.
21 GST
- Interpretation
- Reimbursements
- Additional amount of GST payable
- Variation
- Costs
- Notices
- Waiver
- Governing law
- Prior agreements superseded
- Modification of deed
- Representations and warranties
- Severability
- Confidentiality, media releases and enquiries
- Counterparts
- No fiduciary relationship
- Further acts
If GST becomes payable on any supply made by a party (Supplier) under this act:. a) any amount payable or amount required to be provided under any provision of this Act (other than this clause) because that supply is exempt from GST;. The Supplier must issue an adjustment note to the Recipient in respect of any adjustment event occurring in relation to a supply made under or in connection with this Act as soon as practicable after the Supplier becomes aware of the adjustment event. a). The parties agree to bear their own costs in connection with the fulfillment of their obligations under this act.
A party notifying or giving notice or making a request under this Agreement must do so in writing addressed to that party in accordance with the particulars set out in Schedule 1A (or such other particulars as are designated by the notifying party). No amendment or modification of any provision hereof shall be effective unless in writing and signed by all parties hereto and in compliance with the requirements of Section 7.5 of the EPA. This document may be executed in any number of copies, which together constitute one document.
Transport for New South Wales (formerly Roads and Maritime Services)
SUBJECT AND SUBSECTION OF THE LAW OF THIS REGULATORY AGREEMENT Planning and/or Development Instrument. a) worked to change the environment. The scope, time frame and method of delivery of the contribution required by this planning agreement - (section 7.4(3)(c)). The application of section 7.11 of the Act is excluded in relation to any development consent issued for or variation of development in relation to the Excluded Works.
The application of section 7.12 of the Act is excluded in relation to any development consent granted for, or modification to, Development in respect of Excluded Works. APPENDIX 2B INDICATIVE PLAN OF THE LAND TO BE DELIMITED - SHOWS THE EXISTING CADASTRAL BOUNDARIES FOR INFORMATION3RELEASED FOR INFORMATION2RELEASED FOR INFORMATION29.117. PENNANT LAND ROAD DIVERSION BOUNDARY ARRANGEMENTS TO BE DESIGNATED AS PUBLIC ROAD INFORMATION - ROAD LAYOUT BY YSCO GEOMATICS REF:5417-BDIES.DXF.
Kentwell Avenue between Showground Road and Worthing Place (southern part) Showground Road reserve from Old Northern Road junction to Carrington Road. Pennant Street from Showground Road to Castle Street (Southern Section) North Western Railway Reserve (Tunnel Strata) Lot 121 DP 1180956.
