Common use of Land dedication and planning Clause in Contracts

Land dedication and planning. agreements a) the extent, if any, to which any development potential attaching to that part of the land to be dedicated can be incorporated elsewhere within the development; b) whether the land proposed to be dedicated has been identified by Ku-ring-gai Council in any Development Control Plan, Development Contributions Plan or other policy of the Council; c) the location, configuration, size, accessibility, topography and existing use of the land proposed to be dedicated; d) whether the land is located in or adjacent to a riparian corridor or bushfire prone land; e) whether the land adjoins an existing area of open space and can be consolidated into that area; f) whether the land will create or improve accessibility within the area whether by pedestrians, cyclists, private vehicles, public transport or any combination of these; g) whether the land supports the habitat of threatened or endangered species of fauna or endangered ecological communities of flora; h) any factors which may affect the usability of the land such as soil condition, flood liability, potential site contamination, public accessibility and safety, proximity to existing uses, the current use of the land, the cost of embellishment or construction of any proposed facility on the land; i) the potential to carry out works within a reasonable time and, as a consequence, any measures required to secure or maintain the land in the event that works cannot be carried out for some time; j) in the case of a material public benefit not anticipated by a Contributions Plan and proposed to be offset against monetary contributions, the impact on the achievement of works identified within any adopted Contributions Plan of Council; k) the on-going costs to the Council of care, control and management both prior to and after any improvement works are carried out on the land; l) any other relevant matter in the circumstances of the case. Where a planning agreement relates to the acquisition, transfer or disposal of land valued in accordance with the criteria above, the planning agreement will include: a) particulars to identify the land to be dedicated or a plan of subdivision; b) the dimensions, location and characteristics of the land to be dedicated; c) either the agreed value of the dedication or the conditions and/or requirements that will be deemed to be satisfied by the dedication; and d) the date at which the transfer of ownership will take place or the threshold which will trigger the requirement to transfer ownership of the land. Following execution of a planning agreement, the agreed value will be as per the planning agreement regardless of any subsequent change in land value including a change in value between the execution of the planning agreement and the transfer of land ownership. If a planning agreement provides that a specified land dedication satisfies a required contribution or consent condition without specifying a land value that agreement will stand regardless of whether relative changes in land value or contribution rates alter the value of that agreement to either party unless the planning agreement is formally amended by mutual agreement.