Compliance with the requirements of AHIP number/ reference C0001213 with date issued by OEH at all stages of development. The conditions of the approved urban plan 1397/2015/JP must be met in all phases of development.
Retention of Trees
MINUTES of the duly called ordinary meeting of The Hills Shire Council held in the Council Chamber on 8 November 2016.
Tree Species
Security Bond Requirements
Controlled Activity Authority – NSW Department of Primary Industries - Water
Sediment and Erosion Control Plan
Requirements for Creek Crossing/ Culvert – Road 1 and Janpieter Road The applicant is responsible for the design and construction of the two separate creeks.
Requirements for Creek Crossing/ Culvert – Road 1 and Janpieter Road The applicant is responsible for the design and construction of the two separate creek
A lifetime estimate is provided for the stream/pipe crossing and documentation is provided to confirm the nominated expenditure. If the Council finds that the creek/creek crossing does not comply with the terms of this approval, the Council may require that changes be made to the creek/creek crossing prior to transfer.
Works on Adjoining Land
WAE drawings and all required construction engineering certifications and inspection results are provided to Council.
Stormwater Discharge Acceptance
Engineering Works and Design
The design of the proposed variable width curb along the south side of Janpieter Road facing 119 Old Pitt Town Road is to be finalized by the detailed design/. The design and construction of the two culvert crossings shall be amended from that shown on the concept construction plan prepared by JWP (revision C) to reflect the requirements of condition 10 of the approved master plan 1397/2015/JP, specifically point (j) to and with (q).
Construction Management Plan
The detailed plans must be suitable for construction and contain detailed and representative longitudinal and cross-sections of the proposed infrastructure. These elements must be designed and constructed in accordance with best practice water sensitive urban design techniques and guidelines.
Traffic Control Plan
The number of water carts on site at all times (and additional carts available on request) must be nominated and justified. Covering stock with tarps or vegetation should also be considered where the duration of the stock is justified.
Erection of Signage – Supervision of Work
Inventory management such as location, orientation, volume and height must be carefully considered to minimize impact on adjacent properties. This signage must be retained during the execution of the allotment work and must be removed after completion.
Contractors Details
Sediment and Erosion Control
Service Authority Consultation – Subdivision Works Before subdivision works commence
Public Infrastructure Inventory Report
Protection of Existing Trees
All areas within the root protection zone should be mulched with composted leaf mulch to a depth of not less than 100mm. The installation of services within the root protection zone may not be performed without the prior approval of the Council.
Critical Stage Inspections – Subdivision Works
All work must be carried out in accordance with the Council's Construction Specification for Subdivisions/Developments and must include all necessary works required for effective construction.
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
National Parks and Wildlife Act 1974
European Sites or Relics
Working Hours
Stockpiles
Dust Control
All dusty surfaces must be wetted and suppressed using a fine water spray. All storage of materials likely to generate dust must be kept moist or covered.
Contamination
Public Infrastructure Inventory Report - Post Construction
Completion of Subdivision Works
Planning Agreement
Compliance with NSW Department of Primary Industries – Water Requirements
Works as Executed Plans
Performance/ Maintenance Security Bond
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
Subdivision Certificate Application
Site/ Lot Classification Report
Stormwater CCTV Recording
Public Asset Creation Summary
Prior or Concurrent Registration of Preceding Subdivision
Final Plan and Section 88B Instrument
Lot 2025 must be encumbered with a positive covenant requiring bins to be placed on Route 26 and not Route 27 until Route 27 is extended westward to 115 Old Pitt Town Road using the terms “refuse collection/container presentation,” included in the standard recitals.
Security Bond – Temporary Turning Head
Building Adjacent to Proposed Boundary
Building Services
Clr Taylor MP Clr Preston Clr A N Haselden Clr Harty OAM Clr Tracey Clr Dr Gangemi Clr Thomas Clr Dr Lowe. A MOTION WAS SUBMITTED AND DETAILED BY RAAD HASELDEN TO ADOPTE THE RECOMMENDATION IN THE REPORT.
Construction Certificate
The subdivision must be carried out in accordance with the approved subdivision plan drawn up by Proust and Gardner Drawing 23273-SUB H3 Sheets 1 to 2 Edition B dated Stage 3), Proust and Gardner Drawing 23273-SUB H4 Edition B dated Stage 4) and Proust and Gardner Drawing 23273 -SUB H5 Issue A dated step 5) and other supporting documentation including, but not limited to, the submitted undertaking regarding the opening of the new public roads and the road widening as shown on the plan, unless modified by other conditions of consent.
Compliance with Office of Environment and Heritage/ AHIP
Compliance with Sydney Water Requirements
Subdivision Certificate Preliminary Review
Proposed Street Naming
Street Trees
Recycled Water
Process for Council Endorsement of Legal Documentation
Existing Dwelling – Connection to Sewer
Water Sensitive Urban Design Handover Process
If the Board determines that the WSUD measure does not meet the terms of this approval or if monitoring shows that it is not performing as expected, the Board may request changes to the WSUD element prior to transfer.
Road Opening Permit
Protection of Public Infrastructure
Requirements for Council Drainage Easements
Compliance with Master Plan
Planning Agreement
Tree Removal
Dam Dewatering Requirements
Demolition
Fencing Requirements
Security Bond Requirements
be equal to the amount payable under the relevant term; If the council should raise the deposit, 14 days' written notice will be given to the applicant.
Sediment and Erosion Control Plan
Requirements for Creek Crossing/ Culvert – Road 25
The location and type of stream crossing/culvert, including details of its operation and design. The operation and maintenance plan for the river crossing/culvert (above) is submitted to the Council for review/revision and subsequent approval.
Works on Adjoining Land
The proposed creek crossing/culvert must be handed over to the municipality at the end of the project.
Stormwater Discharge Acceptance
Engineering Works and Design
The vertical channel alignment should be changed to reflect that shown on sketch 9976HSK04 dated. The design and construction of the culvert crossing is to be amended from that shown on the conceptual engineering plan prepared by JWP (revision B) to reflect the requirements of condition 10 of the approved master plan 1397/2015/JP, in particular points (j) to (q).
Construction Management Plan
The cost of removing these temporary stormwater management measures and any associated reworks to pits and pipes must be determined at the detailed design stage, with a bond of 150% of the cost of these works provided to ensure this occurs when they are no longer required. Water Sensitive Urban Design – Technical Guidelines for Western Sydney, 2004, http://www.wsud.org/tools-resources/index.html.
Vegetation Management Plan
Amend Dam Decommissioning Ecological Work Method Procedure
Community involvement plan and complaint management system demonstrating how dust complaints will be received, recorded, resolved and responded to. The plan should also demonstrate how the substance management controls will be monitored, reviewed and revised on a regular basis to ensure their continued effectiveness.
Traffic Control Plan
Weather forecasting systems to predict adverse weather conditions and allow early action to manage dust and avoid dust-generating activities when weather conditions are unfavorable.
Erection of Signage – Supervision of Work
Contractors Details
Sediment and Erosion Control
Adjoining Property Dilapidation Report
Service Authority Consultation – Subdivision Works Before subdivision works commence
Public Infrastructure Inventory Report
Protection of Existing Trees
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
National Parks and Wildlife Act 1974
European Sites or Relics
Working Hours
Stockpiles
Dust Control
Contamination
The report must be submitted to the Council's manager - Environment and Health for review before work begins on site.
Dam Decommissioning – Ecological Requirements
Public Infrastructure Inventory Report - Post Construction
Completion of Subdivision Works
Planning Agreement
Works as Executed Plans
Performance/ Maintenance Security Bond
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
Subdivision Certificate Application
Site/ Lot Classification Report
Stormwater CCTV Recording
Public Asset Creation Summary
Building Adjacent to Proposed Boundary
Building Services
Prior or Concurrent Registration of Preceding Subdivision
Final Plan and Section 88B Instrument
Lot 2337 in Stage 3 shall be encumbered with a restriction and a positive covenant referring to the temporary stormwater management measures referred to earlier in this consent, using the "temporary stormwater management" terms included in the standard considerations. g) Pact – Waste collection/Container presentation. Lots 2301 and 2302 shall be encumbered with a positive covenant requiring trash receptacles to be presented to Road 35 fronting Lot 2302 until Road 34 is extended west to 119 Old Pitt Town Road using the terms "refuse collection/container presentation" included in the standard considerations .
Security Bond – Temporary Turning Head
Minutes of the duly called ordinary meeting of the Hills Shire Council held at the Council Chambers on 8 November 2016. f) Restriction/Covenant – Interim Stormwater Management.
Vegetation Management Plan (VMP) Implementation
A MOTION WAS MOVED BY COUNCIL DR LOWE AND SECOND BY COUNCIL HARTY OAM THAT the Report of the Committee of the Whole - Confidential be accepted. To the northwest of the site, in the Hills Shire, is Round Corner Town Centre.
PROPOSED CHANGES TO CODES SEPP
Each lot must have frontage and access to a public road on completion of the development (not be a battle-axe site);. Each plot must have access to a public road at the completion of the development (must not be a battle-axe site); and.
DRAFT MEDIUM DENSITY DESIGN GUIDE
KEY ISSUES FOR THE HILLS SHIRE a) Extending the Role of Private Certifiers
The proposed development standards within the Codes SEPP and design guide are general, apply to the entire state of NSW and undermine existing DCP controls. No requirement for car parking is provided for multi-dwelling housing (terraces) and townhouses in the development standards of the Codes SEPP.
Voluntary Planning Agreement
Definitions and interpretation
In this Agreement, the following definitions apply:. a) a reference to this Agreement or any other instrument includes any amendment or replacement thereof;. A reference to a person includes a reference to the person's executors, administrators, successors, alternates (including, without limitation, persons assumed by novation) and assigns of the person;. f) a reference to anything (including but not limited to any amount) is a reference to the whole and any part thereof and a reference to a group of persons is a reference to all of them collectively, to two or more of them collectively and for each of them individually; g) "include" or "include" in the introduction of a list of items does not limit the meaning of the words to which the list refers to those items or to items of a similar nature;. h) if a party is required to do something, that includes a requirement to have that thing done. If a party is forbidden to do something, it is also forbidden to do or refrain from doing anything by which that thing can or is done; i) a reference to a statute, regulation, code or law includes a code of state ordinance or law of the Commonwealth of Australia;. j) a reference to a body, statutory or otherwise, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which largely succeeds its powers or functions; k) no construction rule applies to the detriment of a party because that party was responsible for the preparation of this Agreement;. l) any capitalized term used but not defined in this Agreement shall have the meaning assigned to it under and under the Act;. m) headings are included for convenience only and shall not affect the interpretation of this Agreement;.
Planning agreement under the Act
REGULAR MEETING OF COUNCIL 22 NOVEMBER 2016. n) a reference in this Agreement to a banking day means a day other than a Saturday or Sunday on which banks are generally open for business in Sydney. o) if the day on which an act, matter or thing is to be carried out under this agreement is not a working day, the act, matter or thing must be carried out on the next business day;. p) a reference in this Agreement to dollars or $ means Australian dollars and all sums payable under this Agreement shall be payable in Australian dollars;.
Application of this Agreement
Operation of this Agreement
Not Used
Monetary Contributions
Application of s94, s94A and s94EF of the Act to the Development
Registration of this Agreement
Review of this Agreement
Dispute Resolution
A party to this Agreement that claims a dispute has arisen out of or in connection with this Agreement shall provide written notice (notice) to the other party to this Agreement stating the nature of the dispute in accordance with clause 11 ,. The expert's decision is binding on the parties, except in cases of fraud or error on the part of the expert.
Notices
ORDINARY MEETING OF COUNCIL 22 NOVEMBER 2016. b) if it is sent by post, two working days after it is posted;.
Approvals and Consent
Assignment and Dealings
Costs
Entire Agreement
Further Acts
Governing Law and Jurisdiction
Joint and individual liability and benefits
No fetter
Representations and warranties
Severability
Modification
Waiver
Goods and Services Tax
Discharge of Developers Obligations
Counterparts
Interpretation (clause 1.1)
Development Contributions
Proposed Development
The draft VPA will facilitate the provision of approximately $51.3 million of local infrastructure (land and works) by the Developer identified under CP15. The value of the traffic infrastructure provided under the VPA ($37.2 million) may be used to fully offset the traffic contributions payable by the Developer.
Planning Agreement
Contents
Defined meanings
The words used in this document and the applicable rules of interpretation are defined and explained in the definitions and interpretation clause at the back of this document.
Status of this Agreement
- Planning Agreement
- Land
- Development
- Effect and obligations
- Security
Application of other development contribution provisions
- Local infrastructure contributions — general
- Local infrastructure contributions — fixed levies
- Special infrastructure contributions
- Continuing application to Final Lots
Agreement is not registered on the title of a Final Lot or because the owner of a Final Lot is not a party to this Agreement.
Development Contributions
- Nature, extent and timing
- Public purpose of the Development Contributions
- Values to be indexed
Dedicating land as a Development Contribution
- When land is taken to be dedicated
- Ancillary obligations of the parties in relation to the dedication of land
- No warranties, etc unless express or required
- The Developer’s warranties in relation to the Dedicated Land
The parties are not bound by any warranty, representation, security or implied term under the general law or imposed by law in relation to the dedicated country, unless:. a) this warranty, representation, agreement or condition is contained in the express terms of this Agreement; or. b) it is an implied term or warranty imposed by law which is mandatory and cannot be excluded by agreement of the parties. The Developer represents and warrants that the details of ownership of the Dedicated Land are as set out in Sheet 1 of Schedule 2.
Carrying out of Work as a Development Contribution
- Manner of the carrying out of Work
- Access to land by Developer
- Access to land by Council
- Council’s obligations relating to Work
- Protection of people, property and utilities
- Repair of damage
- Completion of Work
- Defect rectification
- Works-as-executed-plan
- Equipment removal
- Insurance
The Developer represents and warrants that the details of ownership of the Dedicated Land are as set out in Sheet 1 of Appendix 2. ORDINARY COUNCIL MEETING NOVEMBER 22, 2016. Not later than 60 days after the completion of work for the purposes of this Agreement, the Developer must submit to the Council a complete work plan, as executed, relating to the work.
Variations to Development Contributions
- Variation may be requested and agreed to
- Effect of variation
It advises the following insurances in relation to the relevant work until the work is deemed to be completed in accordance with this contract:. i) contract works insurance, with the Council listed as an interested party, for the full replacement value of the Works (including demolition and debris removal costs, consultants' fees and authorities' fees), to cover the developer's liability in relation to damage or destruction of the works;. ii) public liability insurance for at least one event covering the council, the developer and all subcontractors of the developer, for liability to any third party;. iii) workers' compensation insurance as required by law; and (iv) any other insurance required by law. If the Developer fails to comply with clause 6.11(a), the Council may take out and maintain in force such insurances and pay such premiums as are necessary for that purpose, and the amount so paid shall be the debt of the Developer to the Council. and may be recovered by the Council as a due debt in the court of the day. c) The Developer shall not commence construction of any Work (required under this Agreement) unless it has previously provided the Council with satisfactory written evidence of the relevant security referred to in clause 6.11(a).
Credit for Development Contributions
- Facility categories In this clause
- Discharge of Section 94 Contributions by the making of Development Contributions The Section 94 Contributions for the Development in relation to a facility category may be
- Discharge Documents
- Use of Discharge Documents to offset Section 94 Contributions
- Reimbursements
If the Council is of the opinion that the Developer has fulfilled the relevant obligation, the Council must issue a Discharge Document confirming this. iv). The total amount nominated by the Developer in respect of a given Development Contribution does not exceed the Value for that Item (including any amounts nominated by the Developer in respect of the same Development Contribution on previous occasions). iv).
Registration
- Developer agreement to registration
- Registration of this Agreement
- Release and discharge of this Agreement
ORDINARY MEETING OF COUNCIL 22 NOVEMBER 2016. i) has already been the subject of a Nomination; and. ii) actually resulted in a write-off of a Section 94 contribution (to the extent of the Nomination) under clause 8.4(d). i) the amount that could otherwise be named in terms of clause 8.4(a) (if the circumstances set out in clause 8.5(b)(ii) did not exist); and. ii) an amount actually paid as Section 94 Contributions under the Development Consent(s) referred to in clause 8.5(b)(i). f) If the entire amount actually paid as Section 94 Contributions is used to justify a Refund Claim (in terms of clause 8.5(e)(ii)), that amount cannot subsequently be used a second time to justify a new Refund Claim too fair. If part of an amount actually paid as Section 94 Contributions is used to justify a Refund Claim (in terms of clause 8.5(e)(ii)), that part cannot subsequently be used a second time to ' not justify a new Refund claim (although the unused portion can be used in this way). h) When a refund claim is made, the Council must repay the amount so claimed without delay (no later than the 14th day of the month following the month in which the written claim is submitted to the Council). i) the Developer's right to discharge a Section 94 contribution (to the extent of the Nomination) in terms of clause 8.4(d) in relation to those Items;. ii) the Developer's right to prioritize those Items for the settlement of a Section 94 Contribution under clause 8.4(d) ahead of any Items that may be the subject of a Refund Claim.
Transfer, assignment or novation
- Consent for transfer of Relevant Lots
- Consent for assignment or novation of this Agreement
- The giving of consent by the Council
- No requirement for consent when Agreement is registered
- Novation Deed deemed to apply in certain circumstances
The parties agree to do whatever is reasonably requested by the other party to immediately release and cancel this Agreement with respect to: a) the final assembly or service assembly, after its creation; If the whole site or any part thereof is transferred without a deed of novation (land transferred) and that deed is registered as the title to the site, that deed shall be deemed to incorporate the provisions of the deed of novation as if it had been entered into :. a) by the person who ceased to own the Transferred Land (which is considered the Existing Project Holder in the amendment document);.
Enforcement in relation to the dedication of land
- Agreement under the Just Terms Act
- Limitations on that agreement
- Ancillary obligations
Certain stage 11 works and land
- Certain stage 11 works and land
- Intention of the parties
- Good faith discussions
It is the intention of the parties that the arrangements ultimately applicable to the Level 11 Works will be similar to the arrangements for items under this contract. The parties agree that they are open to the possibility of achieving the outcome set forth in Article 12.2 through a new design agreement or amendment to or pursuant to this design agreement.
Termination
- Termination of this Agreement
- Consequences of the termination of this Agreement (a) If this Agreement is terminated under clause 13.1
The parties agree to hold discussions in good faith to achieve the outcome set forth in Article 12.2. b).
Breach of obligations
- Breach notice
- Costs of remedying a breach
Dispute resolution
- Determination of disputes
- No legal proceedings
- Notice of disputes
- Negotiated resolution and selection of expert
- Assistance to the Expert
- Expert’s decision
- Expert’s costs
- Continual performance
ORDINARY MEETING OF THE BOARD NOVEMBER 22, 2016. a) The Expert's decision must:. i) be in writing and motivated; And. ii) be 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 convened by the Expert, if later. In determining the apportionment of costs, the Expert may take into account what the Expert considers in its reasonable judgment to be a lack of good faith or failure to use reasonable efforts by either party, in assisting the Expert or resolving the dispute between the officers designated by the parties as required by this clause.
General provisions
- Costs
- Duties
- Assignment
- Notices
- Governing law and jurisdiction
- Amendments
- Third parties
- Pre-contractual negotiation This document
- Further assurance
- Continuing performance
- Waivers
- Remedies
- Severability
- Counterparts
- Party acting as trustee
- Where more than one person is the Developer
- Validity of this Agreement
- Annual reporting
- Review of this Agreement
This document:. a) expresses and includes the entire agreement between the parties regarding the subject matter and all terms of this agreement; and. Customer's rights hereunder are cumulative and not exclusive of any rights provided by law.
Definitions and interpretation
- Definitions
Just Terms Act means the Just Terms Compensation Act 1991;. a) the portion of Windsor Road immediately adjacent to the Site;. Registration on Title means the registration of this Agreement under section 93H of the Act in the folio of the Register kept under the Property Act in relation to the Relevant Plots, and Registered on Title refers to the condition of the Agreement so registered;.
Contribution means a development contribution under section 94 of the Act;
REGULAR COUNCIL MEETING NOVEMBER 22, 2016 as shown on Brown Consulting's drawing 'Windsor Road & Boundary Road Box Hill:. Service assembly means an assembly that is created for one or more of the following purposes:. a) consecrate or otherwise transfer to the Council;.
Works — see clause 12.1;
- Interpretation
- No joint venture, etc Unless otherwise stated
- No obligation to grant or modify a Development Consent
- No breach, etc of a Development Consent
- Explanatory Note
Column 1Column 2Column 3Column 4Column 5Column 6 Item number Contributions Plan identificationDescriptionPublic purposeWhen contribution is required Value Roads Act 1993 — when registering the subdivision plan that creates the Final Lot referred to in Column 5 for Item 31. registration of a subdivision plan under section 9(2) of the Roads Act 1993 — on the registration of the subdivision plan which creates the Final Lot referred to in Column 5.
Drawings
Site details
Indicative Staging Plan
Indicative Layout Plan
Drainage Plan
Road and Culvert Plan
Executed as a deed
Annexure A – Draft Deed of Novation
Deed of Novation
Novation
Contracts and the new developer enjoys all the rights and benefits of the existing developer under the contract (even if the obligation, right or benefit arose or arose before the effective date). The Agreement and the obligations imposed on the Developer by the Agreement, and the new Developer enjoys all the rights and benefits of the Developer under the Agreement (even if the obligation, right or benefit arose or arose before the Effective Date).
Consent
If, as a result of the transfer, the Existing Developer will no longer own any of the Sites:]. If, as a result of the transfer, the Existing Developer will continue to own part of the Site:].
Release and Indemnity
- Release and Discharge (the Council)
- Release and Discharge (the Existing Developer)
- Indemnity
Representations and Warranties
- Power
- Reliance by the Council
General provisions
- Developer Costs
- The Council’s Costs
- Duties
- Assignment
- Notices
- Governing law and jurisdiction
- Amendments
- Third parties
- Pre-contractual negotiation This Deed
- Further assurance
- Continuing performance
- Remedies
- Severability
- Counterparts
- Party acting as trustee
Any representation in this Deed survives the execution of any document for purposes and continues after the execution of this Deed. A party's rights under this act are cumulative and do not exclude any rights provided by law.
Definitions and interpretation
- Definitions
- Interpretation
If a party enters into this deed as trustee of a trust, that party and its successors as trustee of the trust shall be liable under this deed in their own right and as trustee of the trust. Agreement means the voluntary planning agreement between the Board and the Existing Developer dated [insert date], a copy of which is attached to this Deed as Exhibit A.
The road is planned to be inaugurated, and the easement is therefore no longer necessary. Therefore, the restriction is no longer necessary and the release will enable the three affected plots to be developed for residential purposes.
- Interest on Investments – Increase $0m
- Property Lease Income – Increase $1.0m
- Annangrove Rd Traffic Study and Analysis – Increase $40k
- Professional/Agency Costs – Increase $36k
- Transfer to Reserves – Increase $2.1m
- Contra Variation
7,332 za Arthur Street, Baulkham Hills (Owen Ave do Charles Street), financirano iz Capital Works Reserve. 10.773 za Seven Hills Road, Baulkham Hills (Bingara Cres do Astoria Park Road), financirano iz Capital Works Reserve.
Original Budget
The Council's Chief Financial Officer, as the Responsible Accounting Officer, advises that the Council's projected financial position is satisfactory. Furthermore, the investments made in Appendix 1 page 10 are in accordance with the Act, the Regulations and the Council's actual Investment Policy.
The Hills Shire Council
Changes Current YTD Actual Estimated Recommended Changes Budget Ref Q1 Budget Include Revised for Council Resolution * 2016/17 Review 2016/17 Liabilities Budget Contra Var. Amounts shown as Unrestricted Cash shown in the YTD Actual column are based on income received to date and do not include all planned expenditures spent on that reporting date.
