Common use of Description of Proposed Development Clause in Contracts

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 draft Planning Agreement promotes the public interest by addressing the objects of the Act as set out in section 1.3 (b), (c). 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 Draft Planning Agreement Promotes the Principles for local government (formerly the Council’s charter) in the Local Government Act 1993 The Draft Planning Agreement promotes the elements of the Council’s charter by: o ensuring the management of lands and other assets so that current and future local community needs can be met in an affordable way, o working with others to secure appropriate services for local community needs, o engaging with the local community, through the public notification of this Draft Planning Agreement. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program The Draft Planning Agreement is not inconsistent with the Council’s Capital Works Program. All Planning Authorities – Whether the Draft Planning Agreement specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued

Description of Proposed Development. This Draft draft Planning Agreement applies to Development of the development described in Land the subject of Development Consent to Development Application DA/2018/188 on the Developer Land for which Development Consent was with reference number 010.2014.00000331.001 granted by the Council on 31 October 2019, as modified from time to time time, for the subdivision of the Land to create residential lots and a stormwater management lot. Summary of Objectives, Nature and Effect of the Draft Planning Agreement Objectives of Draft Planning Agreement To The objectives of the draft Planning Agreement are to secure the construction and completion of a carpark bioretention basin and associated works on roads and the Councildedication of land to the Council free of cost for those works, in connection with the Developer’s land and Xxxxx Xxxx, Thirlmeredevelopment of its land. Nature of Draft Planning Agreement The Draft Planning Agreement is a planning agreement under section 7.4 s7.4 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(2s7.4(2) of the Act). Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the Developer’s development at 00 Xxxx Xxxxxxxxxx Xxxxxx, XxxxxxxxxXxxxxxx,  does not exclude the effect of sections ss 7.11, 7.12 and 7.24 of the ActAct to the Development,  requires the construction and completion of a carpark and associated works on the Council’s land and Xxxxx Xxxx, Thirlmere bioretention basin in connection with the Development, and for the works to be completed prior to the issuing of the first occupation subdivision certificate for the Developer’s development,  requires the provision of funding to be applied towards the maintenance of the bioretention basin.  requires the dedication of land for drainage purposes,  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 developmentworks,  imposes restrictions on the transfer of the Developer’s land, or the assignment or novation of the Developer’s obligations under the Draft 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 draft Planning Agreement promotes the public interest by addressing the objects of the Act as set out in section 1.3 s1.3 (b), (c) and (j). The draft Planning Agreement requires the Developer to make development contributions over and above that which is required under s7.11, s7.12 or s7.24 of the Act. The development contributions, which comprise the construction of a bioretention basin and the dedication of land for that work ensures the orderly development of public infrastructure to serve the Development and the public. The requirement to pay monetary contributions to be applied towards the maintenance of the bioretention basin ensures that Council is provided with funding to maintain the public infrastructure for the benefit of the public. The draft Planning Agreement provides increased opportunity for community participation through the public notification process of the Agreement. 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 Draft Planning Agreement Promotes the Guiding Principles for local government councils in s8A of the Local Government Xxx 0000 (formerly Previously s8 Elements of the Council’s charterCharter) in the Local Government Act 1993 The Draft Planning Agreement promotes the elements of the Council’s charter by: o ensuring the management of lands and other assets so that current and future local community needs can be met in an affordable way, o working with others to secure appropriate services for local community needs, o engaging with the local community, through the public notification of this Draft draft Planning Agreement. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program The Draft draft Planning Agreement is not inconsistent conforms with Council's Delivery Program and Operational Plan 2020/2021 by: o Ensuring growth pressures are managed effectively (GR1.1) o Using Voluntary Planning Agreements to provide innovative planning outcomes (GR2.4) o Planning for community infrastructure that meet the Council’s Capital Works Program. needs for our growing community (GR4.5) All Planning Authorities – Whether the Draft Planning Agreement specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued

Description of Proposed Development. This The Draft Planning Agreement applies to an amendment to the Xxxxxxxxxx Local Environmental Plan 2012 relating to a planning proposal with the Department of Planning, Industry and Environment ref: PP-2021-2419 in respect of the Land which proposes to: • Change the zoning from R2 Low Density Residential to B4 Mixed Use, • Increase the maximum floor space ratio control from 0.4:1 to 4:1; • Increase the maximum permitted height of building from 8.5m to 53m This will facilitate higher density development described in Development Application DA/2018/188 of the Land. The Draft Planning Agreement also applies to development on the Developer Land for which as authorised by Development Consent was granted by as a result of the Council on 31 October 2019, as modified from time to time LEP Amendment. Summary of Objectives, Nature and Effect of the Draft Planning Agreement Objectives of Draft Planning Agreement To secure provide Council a development monetary contribution of $1,071,918.00 towards the construction and completion of a carpark and associated works on Community Infrastructure Contributions (‘CIC’) to fund various public infrastructure within the CIC scheme, in accordance with Council’s land and Xxxxx Xxxx, ThirlmereRevised Draft Planning Agreement Policy. Nature of Draft Planning Agreement This Draft Planning Agreement takes the form of a legally binding deed over the subject property titles, binding the Council and the Developer. Effect of the Draft Planning Agreement The Draft Planning Agreement is a planning agreement under section 7.4 Agreement: • relates to the carrying out 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 on the Land 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 application of sections 7.11s7.11, 7.12 and 7.24 s7.12 or s7.24 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 Act to 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 Land on the Developer to provide security in the form of a bank guarantee for the works prior title to the issuing of the first construction certificate for the Developer’s developmentLand until all obligations are met,  and, • imposes restrictions on the transfer Parties transferring the Land or part of the Developer’s landLand or assigning, or the assignment or novation of the Developer’s obligations novating an interest under the Draft Planning Agreementagreement,  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 and co-ordinates the orderly and economic use and development of landthe land to which it applies,  facilitates ecologically sustainable development by integrating economic, • provides increased opportunity for public involvement and participation in environmental planning and social considerations in the Development assessment of the Developer’s landDevelopment, • provides for additional monetary contributions by a developer to the Council to be used for public purposes, additional to other development contributions required for a proposed Development on the land to which it applies. How the Draft Planning Agreement Promotes the Public Interest The draft Planning Agreement promotes the public interest by addressing promoting the objects of the Act as set out in section 1.3 (bs1.3(c), (c)d) and (g) of the Act. 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 Draft Planning Agreement Promotes the Principles for local government (formerly the Council’s charter) Local Government Contained in Chapter 3 of the Local Government Act 1993 The Draft Planning Agreement promotes the elements of the Council’s charter principles for local government by: o ensuring the management of lands and other assets so that current and future local community needs can be met in an affordable way, o working with others to secure appropriate services for local community needs, o engaging with • keeping the local communityand wider community informed about its activities, through • provides value for residents and ratepayers by requiring the developer to contribute to public notification of this Draft Planning Agreementworks. The works are to upgrade public domain, works on road, open space and recreation spaces. The developer's contribution to these public works is additional to the developer's statutory contributions to the Council for the proposed development on the site. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program The Draft Planning Agreement is not inconsistent with the Council’s Capital Works Program. Yes All Planning Authorities – Whether the Draft Planning Agreement specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued

Description of Proposed Development. This Draft Planning Agreement applies to The proposed development is the development described subdivision of the Land in Development Application DA/2018/188 on accordance with the Developer Land for which Development Consent was granted by the Council on 31 October 2019, Plan of Proposed Subdivision as modified from time to time shown in Schedule 3. Summary of Objectives, Nature and Effect of the Draft Planning Agreement Objectives of Draft Planning Agreement To secure The objective of the construction Draft Planning Agreement is to provide suitable funding for the provision of infrastructure, facilities and completion of a carpark and associated works on services to meet the Council’s land and Xxxxx Xxxx, ThirlmereDevelopment. Nature of Draft Planning Agreement The Draft Planning Agreement is a planning agreement under section 7.4 s93F of the Environmental Planning and Assessment Xxx 0000 Act 1979 (‘Act’). It The Draft Planning Agreement is an a voluntary 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 various public purposes (as defined in section 7.4(2s93F(3) of the Act). Effect of the Draft Planning Agreement The Draft Planning Agreement:  • relates to the Developer’s carrying out by the Developer of development at 00 Xxxx Xxxxxx, Xxxxxxxxx,  on the Land • does not exclude the effect application of sections 7.11, 7.12 s 94 and 7.24 s94A 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 Act to the Development, and • requires monetary Development Contributions, • requires the carrying out of specified Works by the Developer for the works to be completed prior purposes of providing water supply, • allows offsets of a specified percentage against specified monetary Development Contributions, in consideration of the benefits provided to the issuing Council by the Developer under the agreement, • requires the Council to apply monetary Development Contributions made under the agreement towards the specified purpose for which they were made and at the location, in the manner and to the standard (if any) specified in the agreement, • imposes obligations on the Developer in relation to the carrying out of specified Works, the handing over of those Works to the Council and the rectification of defects in those Works. • requires the Developer to provide the Council with security in the event that the Council is required to enforce the terms of the first occupation certificate for the Developer’s developmentagreement,  • is to be registered on the title to the Developer’s landLand,  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 Parties transferring the Land or part of the Developer’s land, Land or the assignment or novation of the Developer’s obligations assigning an interest under the Draft Planning Agreementagreement,  • provides for two dispute resolution by methods for a dispute under the agreement, being expert determination and mediation,  • provides that the Draft Planning Agreement agreement is subject to governed by the law of New South Wales, and  • provides that the A New Tax System (Goods and Services Tax) Xxx 0000 Act 1999 (Cth) applies to the Agreementagreement. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement:  • promotes and co-ordinates of the orderly and economic use and development of landthe Land to which the agreement applies,  facilitates ecologically sustainable development by integrating economic• provides land for public purposes in connection with the Development, • provides and co-ordinates community services and facilities in connection with the Development, and • provides increased opportunity for public involvement and participation in environmental planning and social considerations in the Development assessment of the Developer’s landDevelopment. How the Draft Planning Agreement Promotes the Public Interest The draft Planning Agreement promotes the public interest by addressing promoting the objects of the Act as set out in section 1.3 (b), (c)s5(a)(ii)-(v) and 5(c) of the Act. 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 Draft Planning Agreement Promotes the Principles for local government (formerly Elements of the Council’s charter) in the Local Government Act 1993 Charter The Draft Planning Agreement promotes the elements of the Council’s charter by: o ensuring • providing services and facilities for the management of lands and other assets so that current and future local community needs can be met in an affordable way, o working with others to secure appropriate services for local community needs, o engaging with the local community, through • ensuring that public facilities provided by the Developer and Owners under the agreement are transferred to and managed by the Council or are otherwise subject to the Council’s control, • by providing a means for the private funding of public notification facilities for the benefit of this Draft Planning Agreement. the Development and the wider community, • providing a means that allows the wider community to make submissions to the Council in relation to the agreement All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program The Draft Planning Agreement is requires that specified Works be carried out by the Developer for water supply and the payment of contributions for roadworks. The water supply and roadworks are not inconsistent with included in the Council’s Capital relevant current capital works program. However, the Council’s Management Plan identifies these types of works in the relevant capital works program. Accordingly, the provision of these Works Program. All Planning Authorities – Whether under the Draft Planning Agreement specifies that certain requirements must be complied agreement is consistent and conforms with before a construction certificate, occupation certificate or subdivision certificate is issuedthe capital works envisioned by the Council’s Management Plan.