Contribution Credits. Contribution ‘credits’ may be provided to the developer in respect to the works delivered under an agreement. These ‘credits’ may be considered by Council to offset development contributions that may be imposed on that development through a DA consent or CDC Council has discretion in the consideration of the opportunity for contribution credits and will consider the following principles when assessing the opportunity for credits: • Where the work within the agreement is listed in a development contributions plan, a credit cannot exceed the value of that work in the contributions plan. • No credits will be given for works or land additional to the requirements of a contributions plan. • Where the completed works exceed the cost of works within the contributions plan, no credits will be available. • Where the contribution credit is less than the contributions imposed by a DA consent or CDC, the balance of these contributions is to be paid to Council. • Works delivered under an agreement that satisfy obligations under Councils Community Infrastructure Policy will not be considered for credits. • Generally, the offset amount considered will only be up to the amount payable in respect of the same category of infrastructure included in a contributions plan. • If a contributions credit exceeds the contributions plan requirement, Council may at its discretion: • Allow the developer to use the remaining part of the credit in relation to future development in the locality of the development where the VPA applies, or • Enable monetary recoupment of credits from future development, where the exceeding credits have benefited this land by delivering works subject to the contributions plan, or • In limited situations- pay the difference. CRITERIA FOR THE ASSESSMENT OF THE ACCEPTABILITY OF VOLUNTARY PLANNING AGREEMENTS • Is the planning agreement directed towards a legitimate planning purpose? Is this purpose identified in statutory planning controls and other adopted strategies of Council? • Do the proposed public benefits have a relationship to the development that are not wholly unrelated to the development? • Does the agreement meet values and expectations of the public and protect public interest? • Does the planning agreement provide a reasonable means to achieve the desired outcomes for the development? • Does the planning agreement demonstrate the achievement of a public benefit? • Where the agreement relates to a change in zoning or development standards, does the value of the development uplift equate to the public benefit proposed? • Does the planning agreement adequately secure public benefits as required? • Has the planning agreement been negotiated and prepared to protect the community against adverse planning decisions? • Do the public benefits proposed under the agreement adequately meet the demands created by the new development? • Are there any identified risks for Council in entering into the planning agreement? Can these be suitably managed? • Are the benefits proposed by the planning agreement such that it is appropriate to forego monetary contributions that would be otherwise paid under the applicable development contributions plan? APPENDIX B: WORKS IN KIND AGREEMENT TEMPLATE Works in Kind Agreement Draft 1 [Date] Penrith City Council ABN 43 794 422 563 [Developer Name] ACN [Developer ACN] Sydney Level 29, MLC Centre, 00 Xxxxxx Xxxxx, Sydney NSW 2000 PO Box Q1164, QVB Post Office, Sydney NSW 1230 t: +00 0 0000 0000 | f: +00 0 0000 0000 | DX 282 Sydney | xxx.xxxxxx.xxx.xx Contents Parties 4 Background 4 Operative part 4 1 Definitions 4 2 Interpretation 7 3 Application of this agreement 9 4 Operation of this agreement 9 5 Works in Kind 9 5.1 Works 9 5.2 Dedication of Land 9 5.3 Public Access and Easements 10 5.4 Maintenance and Rectification of Defects 11 5.5 Access to Council owned land 11
Appears in 2 contracts
Samples: Agreement Agreement Agreement, Agreement Agreement Agreement
Contribution Credits. Contribution ‘credits’ may be provided to the developer in respect to the works delivered under an agreement. These ‘credits’ may be considered by Council to offset development contributions that may be imposed on that development through a DA consent or CDC Council has discretion in the consideration of the opportunity for contribution credits and will consider the following principles when assessing the opportunity for credits: • Where the work within the agreement is listed in a development contributions plan, a credit cannot exceed the value of that work in the contributions plan. • No credits will be given for works or land additional to the requirements of a contributions plan. • Where the completed works exceed the cost of works within the contributions plan, no credits will be available. • Where the contribution credit is less than the contributions imposed by a DA consent or CDC, the balance of these contributions is to be paid to Council. • Works delivered under an agreement that satisfy obligations under Councils Community Infrastructure Policy will not be considered for credits. • Generally, the offset amount considered will only be up to the amount payable in respect of the same category of infrastructure included in a contributions plan. • If a contributions credit exceeds the contributions plan requirement, Council may at its discretion: • Allow the developer to use the remaining part of the credit in relation to future development in the locality of the development where the VPA applies, or • Enable monetary recoupment of credits from future development, where the exceeding credits have benefited this land by delivering works subject to the contributions plan, or • In limited situations- pay the difference. CRITERIA FOR THE ASSESSMENT OF THE ACCEPTABILITY OF VOLUNTARY PLANNING AGREEMENTS • Is the planning agreement directed towards a legitimate planning purpose? Is this purpose identified in statutory planning controls and other adopted strategies of Council? • Do the proposed public benefits have a relationship to the development that are not wholly unrelated to the development? • Does the agreement meet values and expectations of the public and protect public interest? • Does the planning agreement provide a reasonable means to achieve the desired outcomes for the development? • Does the planning agreement demonstrate the achievement of a public benefit? • Where the agreement relates to a change in zoning or development standards, does the value of the development uplift equate to the public benefit proposed? • Does the planning agreement adequately secure public benefits as required? • Has the planning agreement been negotiated and prepared to protect the community against adverse planning decisions? • Do the public benefits proposed under the agreement adequately meet the demands created by the new development? • Are there any identified risks for Council in entering into the planning agreement? Can these be suitably managed? • Are the benefits proposed by the planning agreement such that it is appropriate to forego monetary contributions that would be otherwise paid under the applicable development contributions plan? APPENDIX B: WORKS IN KIND AGREEMENT TEMPLATE Works in Kind Agreement Draft 1 [Date] Penrith City Council ABN 43 794 422 563 [Developer Name] ACN [Developer ACN] Sydney Level 29, MLC Centre, 00 Xxxxxx Xxxxx, Sydney NSW 2000 PO Box Q1164, QVB Post Office, Sydney NSW 1230 t: +00 0 0000 0000 | f: +00 0 0000 0000 | DX 282 Sydney | xxx.xxxxxx.xxx.xx Contents Parties 4 Background 4 Operative part 4 1 Definitions 4 2 Interpretation 7 3 Application of this agreement 9 4 Operation of this agreement 9 5 Works in Kind 9 5.1 Works 9 5.2 Dedication of Land 9 5.3 Public Access and Easements 10 5.4 Maintenance and Rectification of Defects 11 5.5 Access to Council owned land 11
Appears in 1 contract
Samples: Agreement Agreement Agreement
Contribution Credits. Contribution ‘credits’ may be provided to the developer in respect to the works delivered under an agreement. These ‘credits’ may be considered by Council to offset development contributions that may be imposed on that development through a DA consent or CDC Council has discretion in the consideration of the opportunity for contribution credits and will consider the following principles when assessing the opportunity for credits: • Where the work within the agreement is listed in a development contributions plan, a credit cannot exceed the value of that work in the contributions plan. • No credits will be given for works or land additional to the requirements of a contributions plan. • Where the completed works exceed the cost of works within the contributions plan, no credits will be available. • Where the contribution credit is less than the contributions imposed by a DA consent or CDC, the balance of these contributions is to be paid to Council. • Works delivered under an agreement that satisfy obligations under Councils Community Infrastructure Policy will not be considered for credits. • Generally, the offset amount considered will only be up to the amount payable in respect of the same category of infrastructure included in a contributions plan. Council may consider offsets to alternative categories of infrastructure where Council is of the opinion that: • there are sufficient funds to ‘pool’ contributions, and/or • it won’t impact Councils ability to meet other commitments of the plan • If a contributions credit exceeds the contributions plan requirement, Council may at its discretion: • Allow the developer to use the remaining part of the credit in relation to future development in the locality of the development where the VPA applies, or • Enable monetary recoupment of credits from future development, where the exceeding credits have benefited this land by delivering works subject to the contributions plan, or • In limited situations- pay the difference. APPENDIX A: ASSESSMENT CRITERIA CRITERIA FOR THE ASSESSMENT OF THE ACCEPTABILITY OF VOLUNTARY PLANNING AGREEMENTS • Is the planning agreement directed towards a legitimate planning purpose? Is this purpose identified in statutory planning controls and other adopted strategies of Council? • Do the proposed public benefits have a relationship to the development that are not wholly unrelated to the development? • Does the agreement meet values and expectations of the public and protect public interest? • Does the planning agreement provide a reasonable means to achieve the desired outcomes for the development? • Does the planning agreement demonstrate the achievement of a public benefit? • Where the agreement relates to a change in zoning or development standards, does the value of the development uplift equate to the public benefit proposed? • Does the planning agreement adequately secure public benefits as required? • Has the planning agreement been negotiated and prepared to protect the community against adverse planning decisions? • Do the public benefits proposed under the agreement adequately meet the demands created by the new development? • Are there any identified risks for Council in entering into the planning agreement? Can these be suitably managed? • Are the benefits proposed by the planning agreement such that it is appropriate to forego monetary contributions that would be otherwise paid under the applicable development contributions plan? APPENDIX B: WORKS IN KIND AGREEMENT TEMPLATE Works in Kind Agreement Draft 1 [Date] Penrith City Council ABN 43 794 422 563 [Developer Name] ACN [Developer ACN] Sydney Level 29, MLC Centre, 00 Xxxxxx Xxxxx, Sydney NSW 2000 PO Box Q1164, QVB Post Office, Sydney NSW 1230 t: +00 0 0000 0000 | f: +00 0 0000 0000 | DX 282 Sydney | xxx.xxxxxx.xxx.xx Contents Parties 4 Background 4 Operative part 4 1 Definitions 4 2 Interpretation 7 3 Application of this agreement 9 4 Operation of this agreement 9 5 Works in Kind 9 5.1 Works 9 5.2 Dedication of Land 9 5.3 Public Access and Easements 10 5.4 Maintenance and Rectification of Defects 11 5.5 Access to Council owned land 11
Appears in 1 contract
Samples: Agreement Agreement Agreement
