Description of Proposed Development. This Draft Planning Agreement applies to the development described in Development Application DA/2018/188 on the Developer Land for which Development Consent was granted by the Council on 31 October 2019, as modified from time to time Summary of Objectives, Nature and Effect of the Draft Planning Agreement Objectives of Draft Planning Agreement To secure the construction and completion of a carpark and associated works on the Council’s land and Xxxxx Xxxx, Thirlmere. Nature of Draft Planning Agreement The Draft Planning Agreement is a planning agreement under section 7.4 of the Environmental Planning and Assessment Xxx 0000 (‘Act’). It is an agreement between Council and the Developer under which the Development Contributions (as defined in clause 1.1 of the Draft Planning Agreement) are to be made by the Developer for public purposes (as defined in section 7.4(2) of the Act). Effect of the Draft Planning Agreement The Draft Planning Agreement: relates to the Developer’s development at 00 Xxxx Xxxxxx, Xxxxxxxxx, does not exclude the effect of sections 7.11, 7.12 and 7.24 of the Act, requires the construction and completion of a carpark and associated works on the Council’s land and Xxxxx Xxxx, Thirlmere in connection with the Development, and for the works to be completed prior to the issuing of the first occupation certificate for the Developer’s development, is to be registered on the title to the Developer’s land, requires the Developer to provide security in the form of a bank guarantee for the works prior to the issuing of the first construction certificate for the Developer’s development, imposes restrictions on the transfer of the Developer’s land, or the assignment or novation of the Developer’s obligations under the Draft Planning Agreement, provides for dispute resolution by expert determination and mediation, provides that the Draft Planning Agreement is subject to the law of New South Wales, and provides that the A New Tax System (Goods and Services Tax) Xxx 0000 (Cth) applies to the Agreement. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement: promotes the orderly and economic use and development of land, facilitates ecologically sustainable development by integrating economic, environmental and social considerations in the Development of the Developer’s land. How the Draft Planning Agreement Promotes the Public Interest The d...
Description of Proposed Development. The Draft Deed of Variation applies to the Development as described in the amended Schedule 2 of the Planning Agreement. Summary of Objectives, Nature and Effect of the Draft Deed of Variation Objectives of Draft Deed of Variation The objective of the Draft Deed of Variation is to amend the Planning Agreement to: amend the development to which the Planning Agreement applies, to include development of additional dwellings within Xxxx Xxxx Town Centre made permissible by the taking effect of an LEP Amendment, require the dedication of additional land being a parcel of open space and embellishment of that land, require the making of monetary development contributions in the amount of $135.00 for each dwelling made permissible by the taking effect of the LEP Amendment, and other minor changes ancillary to the above. Nature of Draft Deed of Variation The Draft Deed is a variation to the Planning Agreement under clause 25C(3) of the Environmental Planning and Assessment Regulation 2000. Effect of the Draft Deed of Variation The Draft Deed of Variation amends the Planning Agreement in the manner set out in clause 5 of this Deed. Assessment of the Merits of the Draft Deed of Variation The Planning Purposes Served by the Draft Deed of Variation The planning purposes served by the Draft Deed are similar to those set out in the Planning Agreement, and the Planning Agreement explanatory note. Specifically, the Draft Deed serves the planning purposes as set out in section 1.3(c) and (g) of the Environmental Planning & Assessment Xxx 0000, by promoting the orderly and economic use and development of land, and promoting the good design and amenity of the built environment. How the Draft Deed of Variation Promotes the Public Interest The Draft Deed promotes the public interest in the same manner set out in the Planning Agreement, and the Planning Agreement explanatory note. Specifically, the Draft Deed promotes the public interest by and requiring the Developer to provide embellished land for open space and monetary contributions to be applied by the Council towards various public purposes and thereby securing an additional facility for the use and enjoyment of the people of the Xxxx Xxxx community. For Planning Authorities: Development Corporations - How the Draft Deed of Variation Promotes its Statutory Responsibilities N/A Other Public Authorities – How the Draft Deed of Variation Promotes the Objects (if any) of the Act under which it is Constituted N/A Counci...
Description of Proposed Development. The Draft Planning Agreement applies to a proposed amendment to the Xxxxxxxxxx Local Environmental Plan 2012 (LEP) relating to a Planning Proposal with the Department of Planning, Industry and Environment (Council's Ref: PP2020/007; DPIE's Ref: PP-2021-4170) which seeks to amend the LEP to facilitate a mixed use development comprising residential and retail/commercial uses with basement parking on the Land by:
Description of Proposed Development. The Developer has lodged a development application (being BD.2017.032) for the land which proposes to construct commercial/shop suites and residential apartments. The application includes a voluntary planning agreement for material and financial contribution to Council as a public benefit as part of the application seeking approval for additional gross floor space of 321.5m2 of residential floor space above what the Burwood LEP would normally allow overall.
Description of Proposed Development. The ‘Altitude Aspire’ residential subdivision and associated works carried out on the Land under an approval given as a consequence of Project Application No. 09_0166. Summary of Objectives, Nature and Effect of the Draft Planning Agreement A draft planning agreement (the Agreement) has been prepared. The proposed parties to the Agreement are the Tweed Shire Council (the Council) and Metricon Qld Pty Ltd (the Developer).
Description of Proposed Development. The development the subject of Development Application DA-11-1320 lodged with the Council on 24 June 2011 and other industrial development on the Land including development of industrial buildings such as warehouses and distribution cerntres.. Summary of Objectives, Nature and Effect of the Draft Planning Agreement Objectives, nature and effect of Draft Planning Agreement The draft planning agreement is an agreement between the Council and the Developer under which the Developer agrees to make Development Contributions to the Council to meet the increased demand for public infrastructure that will be or are likely to arise from the carrying out of the Development. The Development Contributions are to be made by the Developer in accordance with clause 8 and Schedule 1 to the Agreement. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The draft planning agreement provides for the provision of local infrastructure: ▪ to meet the demands generated by the Development for new public infrastructure, and ▪ to mitigate the potential impacts of the Development. The draft planning agreement will: ▪ provide for appropriate management of potential environmental impacts arising from the Development, ▪ enable the subject land to be developed in a timely and efficient manner to promote residential housing development, and ▪ provide for the dedication of land and roads for public purposes. How the Draft Planning Agreement Promotes the Public Interest In general, the draft planning agreement, by making provision for the Developer to make development contributions towards public infrastructure to meet the demand created by the Development and enabling the dedication of land, promotes the following objects of the Environmental Planning and Assessment Xxx 0000 as contained in s5 of that Act: ▪ promotes and co-ordinates the orderly and economic use and development of the land, ▪ achieves the provision of land for public purposes, ▪ achieves the provision and co-ordination of community services and facilities, and ▪ provides increased opportunity for public involvement and participation in environmental planning and assessment. For Planning Authorities: Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities N/A Other Public Authorities − How the Draft Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils − How the Draf...
Description of Proposed Development. The development as described in the DA 06-3415 relating to the Land, as modified from time to time, being: • the subdivision of the Land into approximately 10 industrial lots • the construction of Internal Roads Works, • the construction of stormwater drainage works, comprising the construction of a bridge, • bulk earthworks, • landscaping works as further shown on the approved plans, to the extent located on the Land. Summary of Objectives, Nature and Effect of the Draft Planning Agreement Objectives of Draft Planning Agreement The objective of the Draft Planning Agreement is to provide for the carrying out of works and the provision of land for the provision of infrastructure, facilities and services to meet the Development on the Land.
Description of Proposed Development. The Council, in response to a request from the Developer, proposes to rezone the Site to a combination of SP3 - Tourist and E2 - Environmental Conservation under the Greater Taree LEP for the purposes of future tourist facilities. The proposed rezoning is shown on the plan below. The purpose of the rezoning is to allow for the future expansion of the existing tourist facilities on the Site and to protect environmentally sensitive areas on the Site. This includes the coastal hazard area to the east and the environmentally sensitive habitat in the south west corner. The planning proposal also seeks to include the Site in Schedule 1 of the Greater Taree LEP to allow up to 30% of the gross floor area of the tourist facilities to be used as permanent residential accommodation, and introduce a maximum building height of 11.5 metres. The planning proposal was lodged in August 2016 and a gateway determination to proceed was issued by the Department of Planning and Environment in June 2017. It is proposed that a Planning Agreement be entered into to create public access along the coastal area to the east of the Site and to protect the environmentally sensitive habitat on the Site. This includes the endangered ecological community of Swamp Sclerophyll Forest on Coastal Floodplains which is in the south western corner of the Site.
Description of Proposed Development. The'Altitude Aspire' residential subdivision and associated works carried out on the Land under an approval given as a consequence of Project Application No. 09 0166. Summary of Objectives, Nature and Effect of the Draft Planning Agreement A draft planning agreement (the Agreement) has been prepared. The proposed parties to the Agreement are the Tweed Shire Council (the Council) and Metricon Qld Pty Ltd (the Developer). ECtJt 3472413 Altitude Aspire Planning Agreement, Tweed Shire Council, Metricon Qld Pty Ltd 48 Objectives of Draft Planning Agreement The objective of the Agreement is to provide a mechanism by which monetary contributions may be made by the Developer towards the cost of public amenities, services and infrastructure, such as: o the construction of Xxxxxxxxxx Parkway and Mahers Lane; . flood mitigation; . safeguarding and restoring the environment; . the provision of structured public open space, The agreement also provides for the dedication of land for the future route of the Xxxxxxxxxx Parkway and for a public reserve. Nature of Draft Planning Agreement The Agreement will be a voluntary agreement under section 93F of lhe Environmental Planning and Xxxxxxxxxx Xxx x0X0 (the Act). An agreement of this kind may require a developer to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit to be used for or applied towards a public purpose. ln this particular case, the Agreement involves the payment of monetary contributions (amounts are set out in the table of Schedule 1 of the Agreement) and the dedication of land (generally consistent with the area identified in Sheet 1 of Schedule 3 of the Agreement).
