Common use of Fundamental Principles Clause in Contracts

Fundamental Principles. Ku-ring-gai Council’s use of and participation in planning agreements will be guided by the fundamental principles set out in the Practice Note, guidelines and safeguards as follows: • planning decisions cannot be bought or sold and therefore there can be no xxxxxx on a planning authority in the exercise of their planning functions. • planning agreements must be voluntary on both sides. No party can be compelled to enter into a planning agreement. • public interest is paramount in the negotiation of a planning agreement • the need for transparency including the opportunity for public comment on draft planning agreements. • Council will not seek benefits under a planning agreement that are unrelated to that particular development. • planning agreements will not be used to engage in revenue raising or to overcome particular spending limitations. • the 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. • Council not allow the interest of individuals or an interest group to outweigh the public interest when considering planning agreements. • Council will not improperly rely on its statutory position to exact unreasonable public benefits • where Council has a commercial stake in a development that is the subject of a planning agreement, it will take steps to ensure it avoids a conflict of interest in the development.

Fundamental Principles. Ku-ring-gai Council’s use of and participation in planning agreements will be guided by the fundamental principles set out in the Practice Note, guidelines and safeguards as follows: •  planning decisions cannot be bought or sold and therefore there can be no xxxxxx on a planning authority in the exercise of their planning functions. •  planning agreements must be voluntary on both sides. No party can be compelled to enter into a planning agreement. •  public interest is paramount in the negotiation of a planning agreement •  the need for transparency including the opportunity for public comment on draft planning agreements. •  Council will not seek benefits under a planning agreement that are unrelated to that particular development. •  planning agreements will not be used to engage in revenue raising or to overcome particular spending limitations. •  the 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. •  Council not allow the interest of individuals or an interest group to outweigh the public interest when considering planning agreements. •  Council will not improperly rely on its statutory position to exact unreasonable public benefits •  where Council has a commercial stake in a development that is the subject of a planning agreement, it will take steps to ensure it avoids a conflict of interest in the development.