Fundamental principles of Planning Agreements Sample Clauses

Fundamental principles of Planning Agreements. Planning agreements provide a means for planning authorities and developers to negotiate the provision of public benefits in connection with a development application or application for a rezoning. There are fundamental principles relating to probity and best practice in the negotiation of planning agreements. These include, but are not limited to: ▪ the underlying principle that the public interest is paramount in the negotiation of a planning agreement; ▪ planning agreements must be voluntary on both sides; ▪ planning decisions cannot be bought or sold and therefore there can be no xxxxxx on a local government authority in the exercise of their planning functions; ▪ for the reasons cited above, benefits that have no relationship to the development are not encouraged; ▪ the type of benefits that generally could be included in a planning agreement are works of the type that appear in the works schedules of Council’s adopted Contributions Plans, public domain works in the Town Centres Development Control Plan, affordable housing, recurrent funding for a public purpose and bushland regeneration; ▪ that benefits offered by a developer will not render an otherwise unacceptable development in planning terms, anything other than unacceptable unless the purpose of the benefits is to directly mitigate an unacceptable impact e.g. traffic generation, emissions, etc; ▪ the recognition of the need for transparency including the opportunity for public comment on a draft planning agreement; ▪ planning authorities should not use planning agreements to engage in revenue raising or overcome particular spending limitations; ▪ planning authorities should not allow the interests of individuals or an interest group to outweigh the public interest when considering planning agreements; ▪ planning authorities should not improperly rely on their statutory position to exact unreasonable public benefits; and ▪ where Council has a commercial stake in land or the development the subject of an agreement, it will take all reasonable steps to ensure that it avoids a conflict of interest between its role as a planning authority and its interests in the development or land. In this respect Council shall have regard to its Statement of Business Ethics and the publication from the Independent Commission Against Corruption (ICAC) entitled: Direct Negotiations – Guidelines for managing risks in direct negotiations.
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Related to Fundamental principles of Planning Agreements

  • Fundamental Principles 1-3.01 The fundamental principles are basic rules demonstrating essential values; their purpose is to guide the parties, associations, institutions and resources in the exercise of their functions, powers and responsibilities.

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