Common use of Description of Proposed Development Clause in Contracts

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 Councils – How the Draft Deed of Variation Promotes the Elements of the Council’s Charter The Draft Deed of Variation promotes the Guiding Principles for Councils in s8A of the Local Government Act 1993 by:  plan strategically for the provision of effective and efficient services to meet the needs of the community,  manage lands and other assets so that current and future local community needs can be met in an affordable way,  work with the Developer to secure appropriate services for local community needs,  actively engage with their local communities by publicly notifying this Deed of Variation. All Planning Authorities – Whether the Draft Deed of Variation Conforms with the Authority’s Capital Works Program The Draft Deed requires that land be dedicated by the Developer and embellishment works be carried out on that land by the Developer and monetary contributions be paid by the Developer for various public purposes. These works are not included in the Council’s relevant current capital works program. All Planning Authorities – Whether the Draft Deed of Variation specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued

Description of Proposed Development. The Draft Deed developer seeks to demolish part of Variation applies the elevated boardwalk section of Wilkies Walk and reconstruct that part of the boardwalk. This is related to an approval to subdivide the Development land into 3 lots as described in approved by DA-2021/1324 issued by the amended Schedule 2 Land and Environment Court and dated 19 April 2023. (Development). (Figure 2) Summary of objectives, nature and effect of the proposed Planning Agreement The Planning Agreement will require the Developer to: • Demolish and reconstruct part of the boardwalk section of Wilkies Walk. (Figure 2) Assessment of the Merits of the Planning Agreement. Summary of ObjectivesAgreement Wollongong City Council, Nature the Developer and Effect Xxxxxxxxx agree the proposed demolition and reconstruction of the Draft Deed boardwalk will have a positive public impact to separate traffic from the pedestrian path (Wilkies Walk). The Planning Purpose 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 The Planning Agreement applieshas the following public purpose: • the provision of (or the recoupment of the cost of providing) public amenities or public services • the provision of (or the recoupment of the cost of providing) public transport or other infrastructure relating to land This refers to section 7.4(2) of the Act. In this instance, the developer is proposing to include development transfer 105.2m2 of additional dwellings within Xxxx Xxxx Town Centre made permissible land to Council (currently owned by Anglican Community Services) and to conduct works on Council land. The Planning Agreement is in addition to 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 requirement to pay 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 required under clause 25C(3) section 7.12 of the Environmental Planning and Assessment Regulation 2000Act 1979 and imposed through development consents. Effect of the Draft Deed of Variation The Draft Deed of Variation amends How the Planning Agreement in promotes the manner set out in clause 5 of this Deed. Assessment public interest and objects of the Merits of the Draft Deed of Variation Act The Planning Purposes Served by Agreement promotes 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 objects (gaims) of the Environmental Planning & Assessment Xxx 0000Act by: • to facilitate ecologically sustainable development by integrating relevant economic, by promoting environmental and social considerations in decision-making about environmental planning and assessment, • to promote the orderly and economic use and development of land, and promoting the • to promote good design and amenity of the built environment, This refers to section 1.3 of the Act. How It means the Draft Deed of Variation Promotes development will happen in an appropriate location and the Public Interest The Draft Deed promotes the public interest land will be developed in a way that fits with other development in the same manner set out in the Planning Agreementarea, community infrastructure 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 will 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 communityprovided. For Planning Authorities: Development Corporations - How the Draft Deed of Variation Promotes its Statutory Responsibilities N/A Other Public Authorities Figure 1 – How the Draft Deed of Variation Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils – How the Draft Deed of Variation Promotes the Elements of the Council’s Charter The Draft Deed of Variation promotes the Guiding Principles for Councils in s8A of the Local Government Act 1993 by:  plan strategically for the provision of effective and efficient services to meet the needs of the community,  manage lands and other assets so that current and future local community needs can be met in an affordable way,  work with the Developer to secure appropriate services for local community needs,  actively engage with their local communities by publicly notifying this Deed of Variation. All Planning Authorities – Whether the Draft Deed of Variation Conforms with the Authority’s Capital Works Program The Draft Deed requires that land be dedicated by the Developer and embellishment works be carried out on that land by the Developer and monetary contributions be paid by the Developer for various public purposes. These works are not included in the Council’s relevant current capital works program. All Planning Authorities – Whether the Draft Deed of Variation specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issuedLocation plan

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 Councils – How the Draft Deed of Variation Promotes the Elements of the Council’s Charter The Draft Deed of Variation promotes the Guiding Principles for Councils in s8A of the Local Government Act 1993 by:  plan strategically for the provision of effective and efficient services to meet the needs of the community,  manage lands and other assets so that current and future local community needs can be met in an affordable way,  work with the Developer to secure appropriate services for local community needs,  actively engage with their local communities by publicly notifying this Deed of Variation. All Planning Authorities – Whether the Draft Deed of Variation Conforms with the Authority’s Capital Works Program The Draft Deed requires that land be dedicated by the Developer and embellishment works be carried out on that land by the Developer and monetary contributions be paid by the Developer for various public purposes. These works are not included in the Council’s relevant current capital works program. All Planning Authorities – Whether the Draft Deed of Variation specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued The Draft Deed does not specify that certain requirements must be complied with before a construction certificates, occupation certificate or subdivision certificate is issued. Xxxx Xxxx Urban Release Area Planning Agreement Under s93F of the Environmental Planning and Assessment Xxx 0000 Camden Council Greenfields Development Company Pty Limited Greenfields Development Company No. 2 Pty Limited Leppington Pastoral Company Pty Limited Landcom Date: ORIGIN AND AMENDMENTS Xxxx Xxxx Urban Release Area Planning Agreement (VPA) Origin: Execution as an Agreement dated 22 September 2011 Amendments to Xxxx Xxxx Urban Release Area Planning Agreement (VPA) Amendment No. Date Adopted Date in Effect Description 1 26 September 2018 26 September 2018 Xxxx Xxxx Urban Release Area VPA Amendments to include additional open space in Precinct E and to amend Schedules 1 and 3 in relation to the additional open space land dedication and embellishment works. 2 [insert] [insert] Xxxx Xxxx Urban Release Area VPA Amendments to:  amend the Contribution Value of the Leisure Centre;  remove the Leisure Centre as Contribution Item of Work to be delivered by GDC 1,  insert a monetary Contribution Item which is equal to the amended Contribution Value of the Leisure Centre (as indexed) and is to be paid to the Council for the construction of the Leisure Centre;  amending the details and Contribution Values for various other Development Contribution items,  amend the Development to which the Planning Agreement applies to a maximum of 7,700 dwellings; and  acknowledge that the Planning Agreement does not operate as a promise or representation that Development Consent can or will be granted for the maximum number of dwellings comprising the Development, and  other minor changes ancillary to the above. 3 Insert Insert Xxxx Xxxx Urban Release Area VPA Amendments to:  amend the development to which the VPA 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 a Community Park to address the additional demand for open space generated by additional dwelling yield made permissible in Xxxx Xxxx Town Centre,  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 Xxxx Xxxx Urban Release Area Planning Agreement Table of Contents Summary Sheet 9 Parties 12 Background 12 Operative provisions 13 Part 1 - Preliminary 13 1 Definitions & Interpretation 13 2 Application & operation of this Agreement 18 3 Further agreements relating to this Agreement 18 4 Surrender of right of appeal, etc 18 5 Application of s94, s94A and s94EF of the Act to the Development 19 6 Conditions of Consent 19 Part 2 – Development Contributions 19 7 Provision of Development Contributions 19 8 Procedures relating to payment of monetary Development Contributions 20 9 Procedures relating to the dedication of land 21 9A Procedure for remediation and dedication of Sports Park 22 9B Agreement for Lease of Sports Park prior to dedication 22 10 Procedure for embellishment and dedication of Riparian Land 23 Part 3 - Provisions regarding the Carrying out of Work 24 11 Project Control Group 24 12 Deferral of Work 25 13 Approval of design of Major Facilities 25 14 Approval of design of other Facilities 27 15 Staging of Works 28 16 Carrying out of Work 28 17 Access to the Land 28 18 Protection of people and property 29 19 Damage and repairs to Work 29 20 Variation of Work 29 21 Procedures relating to the completion of Work 30 22 Procedures relating to the rectification of defects 30 23 Failure to carry out Work 30 24 Works Completion Plan 31 Part 4 – Landcom, Indemnities and Insurances 31 25 Role of Landcom 31 26 Indemnity and Insurance 31 Part 5 - Security 33 27 Provision of Security 33 28 Release & return of Security 34 29 Call-up of Security 34 30 Charge Land 34 31 Charge 35 32 Caveat 35 33 Priority 35 34 Enforcement of Charge 36 35 Discharge 37 Part 6 - Other Provisions 37 36 Recovery of cost of Work carried out by the Council 37 37 Enforcement in a court of competent jurisdiction 38 38 Dispute Resolution – expert determination 38 39 Dispute Resolution – mediation 39 40 Registration of this Agreement 39 41 Compulsory Acquisition 40 42 Assignment, sale of Land, etc 41 43 Monitoring & review of this Agreement 42 44 Variations to Contribution Items and Staging 43 45 Notices 43 46 Approvals and Consent 44 47 Legal costs 44 48 Entire Agreement 44 49 Further acts 44 50 Notations on section 149(2) Planning Certificates 45 51 Governing law and jurisdiction 45 52 Joint and individual liability and benefits 45 53 No xxxxxx 45 54 Representations and Warranties 45 55 Severability 45 56 Modification 46 57 Waiver 46 58 GST 46 59 Explanatory Note relating to this Agreement 47 Schedule 1 48 Schedule 2 49 Schedule 3 50 Appendix 86 Summary Sheet 7 Parties 10 Background 10 Operative provisions 11 Part 1 - Preliminary 11 1 Definitions & Interpretation 11 2 Application & operation of this Agreement 15 3 Further agreements relating to this Agreement 16 4 Surrender of right of appeal, etc 16 5 Application of s94, s94A and s94EF of the Act to the Development 16 6 Conditions of Consent 17 Part 2 – Development Contributions 17 7 Provision of Development Contributions 17 8 Procedures relating to payment of monetary Development Contributions 18 9 Procedures relating to the dedication of land 19 9A Procedure for remediation and dedication of Sports Park 20 9B Agreement for Lease of Sports Park prior to dedication 20 10 Procedure for embellishment and dedication of Riparian Land 21 Part 3 - Provisions regarding the Carrying out of Work 21 11 Project Control Group 21 12 Deferral of Work 22 13 Approval of design of Major Facilities 23 14 Approval of design of other Facilities 24 15 Staging of Works 25 16 Carrying out of Work 26 17 Access to the Land 26 18 Protection of people and property 26 19 Damage and repairs to Work 27 20 Variation of Work 27 21 Procedures relating to the completion of Work 27 22 Procedures relating to the rectification of defects 28 23 Failure to carry out Work 28 24 Works Completion Plan 29 Part 4 – Landcom, Indemnities and Insurances 29 25 Role of Landcom 29 26 Indemnity and Insurance 29 Part 5 - Security 30 27 Provision of Security 30 28 Release & return of Security 31 29 Call-up of Security 32 30 Charge Land 32 31 Charge 33 32 Caveat 33 33 Priority 33 34 Enforcement of Charge 33 35 Discharge 35 Part 6 - Other Provisions 35 36 Recovery of cost of Work carried out by the Council 35 37 Enforcement in a court of competent jurisdiction 36 38 Dispute Resolution – expert determination 36 39 Dispute Resolution – mediation 36 40 Registration of this Agreement 37 41 Compulsory Acquisition 38 42 Assignment, sale of Land, etc 39 43 Monitoring & review of this Agreement 39 44 Variations to Contribution Items and Staging 40 45 Notices 41 46 Approvals and Consent 42 47 Legal costs 42 48 Entire Agreement 42 49 Further acts 42 50 Notations on section 149(2) Planning Certificates 42 51 Governing law and jurisdiction 43 52 Joint and individual liability and benefits 43 53 No xxxxxx 43 54 Representations and Warranties 43 55 Severability 43 56 Modification 43 57 Waiver 44 58 GST 44 59 Explanatory Note relating to this Agreement 45 Schedule 1 46 Schedule 2 47 Schedule 3 48 Appendix 84 Xxxx Xxxx Urban Release Area Planning Agreement Summary Sheet Council: Name: Camden Council Address: 00 Xxxxxxx Xxxxxx, XXXX XXXX NSW 2570 Telephone: (00) 0000 0000 Facsimile: (00) 0000 0000 Email: xxxx@xxxxxx.xxx.xxx.xx Representative: General Manager Developers: Name: Greenfields Development Company Pty Limited Address: Xxx Xxxxx Xxxxx Drive & Xxxx Xxxx Drive Xxxx Xxxx NSW 2570 Telephone: (00) 0000 0000 Facsimile: (00) 0000 0000 Email: xxxxxx@xxxxxxxxxxx.xxx.xx Representative: Xx Xxxx Xxxxx Name: Greenfields Development Company No. 2 Pty Limited Address: Xxx Xxxxx Xxxxx Drive & Xxxx Xxxx Drive Xxxx Xxxx NSW 2570 Telephone: (00) 0000 0000 Facsimile: (00) 0000 0000 Email: mowens @xxxxxxxxxxx.xxx.xx Representative: Xx Xxxx Xxxxx Name: Landcom Address: Xxxxx 00, 00 Xxxxxxx Xxxxxx Xxxxxxxxxx, XXX 0000 Telephone: (00) 0000 0000 Facsimile: (00) 0000 0000 Email: xxxxxxx@xxxxxxx.xxx.xxx.xx Representative: Xx Xxxxxxxx Xxxxxx Landowner: Name: Leppington Pastoral Company Pty Limited Address: 0000 Xxx Xxxxxxxx Xxxx, XXXXXXXXX XXX 0000 Telephone: (00) 0000 0000 Facsimile: (00) 0000 0000 Email: xxx.xxxxx@xxxxxxx.xxx Representative: Mr Xxx Xxxxx Land: See definition of Land in clause 1.1. Development: See definition of Development in clause 1.1. Development Contributions: See Schedule 3. Application of s94, s94A and s94EF of the Act: See clause 5. Security: See clauses 12.1.2, 27, 31 and 40. Registration: Yes. See clause 40. Restriction on dealings: See clause 42. Dispute Resolution: Expert determination and mediation. See clauses 38 and 39. Xxxx Xxxx Urban Release Area Planning Agreement Under s93F of the Environmental Planning and Assessment Xxx 0000‌ Parties Camden Council ABN 31 117 341 764 of 00 Xxxxxxx Xxxxxx Xxxx Xxxx,, New South Wales, 2570 (Council) and Greenfields Development Company Pty Limited ABN 57 125 285 583 of Xxx Xxxxx Xxxxx Drive & Xxxx Xxxx Drive Xxxx Xxxx NSW 2570 (GDC 1)‌‌‌ and Greenfields Development Company No. 2 Pty Limited ABN 31 000 000 000 of Xxx Xxxxx Xxxxx Drive & Xxxx Xxxx Drive Xxxx Xxxx NSW 2570 (GDC 2) and Leppington Pastoral Company Pty Limited ABN 83 000 420 404 of 1675 Xxx Xxxxxxxx Xxxx, Xxxxxxxxx, Xxx Xxxxx Xxxxx, 0000 (Landowner) and Landcom ABN 79 268 260 688 of Xxxxx 00, 00 Xxxxxxx Xxxxxx Xxxxxxxxxx, XXX 0000 (Landcom)

Description of Proposed Development. The Draft Deed of Variation applies Planning Agreement relates to the Development as described in the amended Schedule 2 proposed development of the Planning AgreementLand, which seeks amendment of the Marrickville Local Environmental Plan 2011 (LEP) and development of the Land for the purpose of residential flat buildings and a Registered Club (Proposed Development). Summary of Objectives, Nature and Effect of the Draft Deed of Variation Objectives of Draft Deed of Variation The objective of Planning Agreement Planning Agreement Page 23 In connection with the Draft Deed of Variation is Proposed Development, the parties have agreed to amend enter into the Planning Agreement to:  amend the development to which the Agreement. The Planning Agreement applies, requires the Developer to include development transfer 24 car parking spaces within a stratum lot on ground level of additional dwellings within Xxxx Xxxx Town Centre made permissible by Site 1 to Council in fee simple as a freehold stratum lot prior to the taking effect issue of an LEP Amendment,  require the dedication of additional land being occupation certificate for Site 1. The Developer is also required to pay a parcel of open space and embellishment of that land,  require the making of monetary development contributions contribution to Council in the amount of $135.00 3,500,000.00 prior to the issue of any occupation certificate for each dwelling made permissible by the taking effect last stage of the LEP Amendment, Proposed Development. The Developer is required to transfer 6 affordable housing units (3 x 2 bedroom units and  other minor changes ancillary 3 x 1 bedroom units with no car spaces) located on Site 1 to Council within 28 days of the aboveregistration of the strata plan for Site 1. Nature of Draft Deed of Variation The Draft Deed is a variation to Developer must register the Planning Agreement under clause 25C(3) on the title of the Environmental Planning and Assessment Regulation 2000. Effect Land in accordance with section 7.6 of the Draft Deed Act. The objective of Variation The Draft Deed of Variation amends the Planning Agreement is to facilitate the delivery of contributions by the Developer towards the provision of infrastructure, facilities and services which will be required in connection with the manner set out development of the Land. The Planning Agreement does not exclude the operation of Section 7.11 and 7.12 of the Act in clause 5 of this Deedrelation to any development application for the Proposed Development. Assessment of the Merits of the Draft Deed of Variation Planning Agreement The Planning Purposes Served by Purpose of the Draft Deed of Variation Planning Agreement The planning purposes purpose served by the Draft Deed are similar to those set out in the Planning Agreement, and the Planning Agreement explanatory note. Specifically, is the Draft Deed serves the planning purposes as set out in section 1.3(c) provision of affordable housing and (g) of the Environmental Planning & Assessment Xxx 0000, by promoting infrastructure and the orderly and economic use and development of land. Both the Developer and the Council believe that the Planning Agreement provides a reasonable means of achieving those public purposes, and promoting the good design and amenity in accordance with section 7.4(2) of the built environmentAct. How the Draft Deed of Variation Planning Agreement 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 make an appropriate contribution towards the provision of infrastructure, facilities and monetary contributions services to be applied by satisfy the Council towards various public purposes and thereby securing an additional facility for needs that arise from the use and enjoyment Proposed Development of the people of the Xxxx Xxxx communityLand. 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 Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils – How The Planning Agreement promotes the Draft Deed of Variation Promotes the Elements objects of the Council’s Charter The Draft Deed of Variation promotes the Guiding Principles for Councils in s8A of the Local Government Act 1993 by:  plan strategically for the provision of effective and efficient services to meet the needs of the community,  manage lands and other assets so that current and future local community needs can be met in an affordable way,  work with the Developer to secure appropriate services for local community needs,  actively engage with their local communities by publicly notifying this Deed of Variation. All Planning Authorities – Whether the Draft Deed of Variation Conforms with the Authority’s Capital Works Program The Draft Deed requires that land be dedicated by the Developer and embellishment works be carried out on that land by the Developer and monetary contributions be paid by the Developer for various public purposes. These works are not included in the Council’s relevant current capital works program. All Planning Authorities – Whether the Draft Deed of Variation specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued:

Description of Proposed Development. The Draft Deed of Variation applies to the same Development as described in the amended Schedule 2 subject of the Planning Agreement. Xxxxxx West Precinct B Planning Agreement – Deed of Variation City of Canada Bay Council Billbergia Developments Pty Ltd Waterpoint Site 1 Lessor Pty Ltd Waterpoint Site 2 Lessor Pty Ltd 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 deed of variation to the Planning Agreement under clause 25C(3cl25C(3) of the Environmental Planning and Assessment Regulation 2000. Effect of the Draft Deed of Variation The Draft Deed of Variation amends varies the Planning Agreement with respect to the matters referred to in the manner set out in clause 5 letter from the Developer to the Council dated 12 May 2014 to, amongst other things, include the Landowners as parties to the Planning Agreement, alter provisions relating to the timing for provision of this Deedmonetary Development Contributions, Embellishment Works and dedication of Dedication Land, amend the security to be provided for Embellishment Works and dedication of Dedication Land, inserting a provision allowing the Council to lodge a caveat over the title of the Dedication Land, clarifying that only Net Monetary Developments Contributions must be paid. 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 amended 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 :  promotes the orderly and economic use and development of landthe Land to which the agreement applies,  facilitates the provision of land for public purposes in connection with the Development,  facilitates the provision of community services and facilities, and promoting the good design  promotes increased opportunity for public in environmental planning and amenity of the built environmentassessment. 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 amended Planning Agreement explanatory note. Specifically, the Draft Deed promotes the public interest by and requiring promoting 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 objects of the people Act as set out in ss 5(a)(ii), (iv), (v) and 5(c) of the Xxxx Xxxx communityAct. For Planning Authorities: Development Corporations - How the Draft Deed of Variation Promotes its Statutory Responsibilities NX/A X Xxxxxx Xxxx Precinct B Planning Agreement – Deed of Variation City of Canada Bay Council Billbergia Developments Pty Ltd Waterpoint Site 1 Lessor Pty Ltd Waterpoint Site 2 Lessor Pty Ltd Other Public Authorities – How the Draft Deed of Variation Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils – How the Draft Deed of Variation Promotes the Elements of the Council’s Charter The Draft Deed of Variation promotes the Guiding Principles for Councils in s8A of the Local Government Act 1993 byamended Planning Agreement:  plan strategically for promotes the provision of effective adequate, equitable and efficient appropriate services and facilities for the community by making provision for community infrastructure,  facilitates involvement of the community in decision making regarding the provision of community infrastructure, and  secures funding for community infrastructure for which it is provided to meet the needs of residents within the community,  manage lands and other assets so that current and future local community needs can be met in an affordable way,  work with the Developer to secure appropriate services for local community needs,  actively engage with their local communities by publicly notifying this Deed of Variationlocality. All Planning Authorities – Whether the Draft Deed of Variation Conforms with the Authority’s Capital Works Program The Draft Deed requires that land be dedicated by the Developer and embellishment works be carried out on that land by the Developer and monetary contributions be paid by the Developer for various public purposes. These works are not included in of Variation conforms with the Council’s relevant current capital works program. All Planning Authorities – Whether the Draft Deed of Variation specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued