Application of S7. 11 and s7.12 of the Act
7.1 This Agreement does not exclude the operation of section 7.11 and section 7.12 of the Act in relation to Development Application(s) and Development Consents granted for the Proposed Development (including in respect of any modifications to any Development Consent granted in respect of the Proposed Development).
7.2 The Monetary Contribution that the Developer must make pursuant to this Agreement is in addition to any development contribution under section 7.11 or section 7.12 of the Act that the Developer must pay in relation to Development Application(s) and Development Consents granted for the Proposed Development.
7.3 Benefits under this Agreement are not to be taken into consideration in determining a development contribution under section 7.11 or section 7.12 of the Act.
Application of S7. 11 [Insert ‘Section 7.11 of the Act is excluded’ or ‘Section 7.11 of the Act is not excluded’ or If the Deed only partially excludes the application of s7.11 the particulars of the exclusion must be provided] Item 5 Application of S7.12 [Insert ‘Section 7.12 of the Act is excluded’ or ‘Section 7.12 of the Act is not excluded’ or If the Deed only partially excludes the application of s7.12 the particulars of the exclusion must be provided] Item 6 Application of Division 7.1, Subdivision 4 Division 7.1, Subdivision 4 of the Act is not excluded [or insert ‘Division 7.1, Subdivision 4 of the Act is excluded’, but only if the Minister or a development corporation designated by the Minister has given approval under s7.4(5A) to such an exclusion.] Item 7 Whether the Benefits under this Deed are to Taken in Consideration in determining a Development Contribution under s7.11 [If s7.11 is excluded, then insert ‘N/A’] Or [If s7.11 is not excluded, then insert ‘The benefits under this Deed are not to be taken into consideration in determining a Development Contribution under s7.11 of the Act to the Development’] Or [If s7.11 is not excluded and this Deed is related to Works-In-Kind / Land Dedication to be offset from s7.11, then insert ‘The benefits under this Deed are to be taken into consideration in determining a Development Contribution under s7.11 of the Act to the Development’] See clause 8 Item 8 Indexation of Contribution Values [Specify index; otherwise insert ‘N/A’ or insert the following] The monetary Development Contributions specified in Schedule 2 of this Deed will be indexed quarterly from the date of this Deed (the “Indexation Date”). This will be done in accordance with the following formula: Indexed monetary contribution = A x B/C Where A is the value of the monetary Development Contribution applicable immediately before the Indexation Date B is the CPI last published at the quarter ending immediately before the date of payment; and C is the CPI last published at the quarter ending immediately before the Indexation Date Item 9 Indexation of Monetary Development Contributions [Specify index; otherwise insert ‘N/A’ or insert the following] The monetary Development Contributions specified in Schedule 2 of this Deed will be indexed quarterly from the date of this Deed (the “Indexation Date”). This will be done in accordance with the following formula: Indexed monetary contribution = A x B/C Where A is the value of the monetary Development Contribution ap...
Application of S7. 11 Section 7.11 of the Act is not excluded Item 5 Application of S7.12 Section 7.12 of the Act is not excluded Item 6 Application of S7.24 Section 7.24 of the Act is not excluded Item 7 Whether the Benefits under this Deed are to Taken in Consideration in determining a Development Contribution under s7.11 The benefits under this Deed are not to be taken into consideration in determining a Development Contribution under s7.11 of the Act for the Development.
Application of S7. 11 Section 7.11 of the Act is not excluded Item 5 Application of S7.12 Section 7.12 of the Act is not excluded Item 6 Application of S7.24 Section 7.24 of the Act is not excluded Item 7 Whether the Benefits under this Deed are to Taken in Consideration in determining a Development Contribution under s7.11 The benefits under this Deed are not to be taken into consideration in determining a Development Contribution under s7.11 of the Act to the Development See clause 8 Item 8 Not used N/A Item 9 Indexation of monetary Development Contributions The monetary Development Contributions specified in Schedule 2 of this Deed will be indexed quarterly from the date of this Deed (the “Indexation Date”). This will be done in accordance with the following formula: Indexed monetary contribution = A x B/C Where A is the value of the monetary Development Contribution applicable immediately before the Indexation Date B is the CPI last published at the quarter ending immediately before the date of payment; and C is the CPI last published at the quarter ending immediately before the Indexation Date Item 10 Not used N/A Item 11 Not used N/A Item 13 Obligations to which Security Relates Registration of this Deed on title and payment of the first instalment of the monetary Development contributions. Item 14 Timing of Security On commencement of this Deed. Item 15 Indexation of Security Security to be indexed in the same way that monetary Development Contributions are indexed in Item 9 of this schedule except that references to ‘monetary Development Contributions’ are replaced with a reference to ‘Security’
Application of S7. 11 Section 7.11 of the Act is not excluded from applying to the Development by this Deed, noting that the Infrastructure Approval does not impose a condition under that section.
Application of S7. 11 Section 7.11 of the Act is not excluded. Item 5 Application of S7.12 Section 7.12 of the Act is not excluded. Item 6 Application of Division 7.1, Subdivision 4 Division 7.1, Subdivision 4 is not excluded. Item 7 Whether the Benefits under this Deed are to be taken intoconsideration in determining a Development Contribution under s7.11 The benefits under this Deed are not to be taken into consideration in determining a Development Contribution under s7.11 of the Act to the Development Item 8 Indexation of Contribution Values (other than monetary Development Contributions) NIA Item 9 Indexation of Monetary Development Contributions NIA Item 10 Access to Council owned or controlled land Yes - the Laneway Upgrade Works and Public Domain Works will be undertaken on Council-owned and -controlled land.
Application of S7. 11 Section 7.11 of the Act is not excluded. Item 5 Application of S7.12 Section 7.12 of the Act is not excluded. Item 6 Application of S7.24 Section 7.24 of the Act is not excluded. Item 7 Whether the Benefits under this Deed are to Taken in Consideration in determining a Development Contribution under s7.11 The benefits under this Deed are not to be taken into consideration in determining a Development Contribution under s7.11 of the Act to the Development. Item 8 Indexation of Contribution Values N/A Item 9 Indexation of monetary Development Contributions The monetary Development Contributions specified in Schedule 2 of this Deed will be indexed quarterly from the date of this Deed (the “Indexation Date”). This will be done in accordance with the following formula: Indexed monetary contribution = A x B/C Where A is the value of the monetary Development Contribution applicable immediately before the Indexation Date B is the CPI last published at the quarter ending immediately before the date of payment; and C is the CPI last published at the quarter ending immediately before the Indexation Date Item 10 Access to Council owned or controlled land N/A Item 11 Defects Liability Period N/A Item 12 Security $116,293 Item 13 Obligations to which Security Relates Item 1 of the monetary Development Contributions under Schedule 2 of this Deed. Item 14 Timing of Security Within 14 days of the date this Deed commences. Item 15 Indexation of Security In accordance with the formula in Item 9 Item 17 Review of Deed Every 2 years. Total of $1,162,929 payable in the following three (3) instalments:
1. $300,000 Contribution towards Community Infrastructure as identified in Appendix A to Council's Draft PA Policy or Council’s planning agreement policy upon the formal adoption of the Draft PA Policy Payable as a lump sum Within 21 days of commencement of the LEP Amendment through the publication of the LEP Amendment on the NSW Legislation website
2. $580,000 Contribution towards Community Infrastructure as identified in Appendix A to Council's Draft PA Policy or Council’s planning agreement policy upon the formal adoption of the Draft PA Policy Payable as a lump sum Within 7 days prior to issue of the first Construction Certificate for the Development
3. $282,929 Contribution towards Community Infrastructure as identified in Appendix A to Council's Draft PA Policy or Council’s planning agreement policy upon the formal adoption of the Draft PA Policy Payable as a lump sum Wit...
Application of S7. 11 [Insert ‘Section 7.11 of the Act is excluded’ or ‘Section 7.11 of the Act is not excluded’ or If the Deed only partially excludes the application of s7.11 the particulars of the exclusion must be provided] Item 5 Application of S7.12 [Insert ‘Section 7.12 of the Act is excluded’ or ‘Section 7.12 of the Act is not excluded’ or If the Deed only partially excludes the application of s7.12 the particulars of the exclusion must be provided]
Application of S7. 11 and s7.12 of the Act
Application of S7. 11 of the Act to the Development
