Mandatory inclusions. A planning agreement must be in writing and signed by all of the parties to the agreement. A planning agreement is not entered into until it is signed. The Environmental Planning and Assessment Act 1979 requires planning agreements to include provisions specifying:
a) a description of the land to which the agreement applies,
b) a description of the change to the environmental planning instrument to which the agreement applies or the development to which the agreement applies,
c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made,
d) in the case of development, whether the agreement excludes (wholly or in part) or does not exclude the application of section 7.11, section 7.12 or section 7.24 to the development
e) if the agreement does not exclude the application of section 7.11 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 7.11.
f) a mechanism for the resolution of disputes under the agreement,
g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. A template for a planning agreement can be found at Attachment A.
Mandatory inclusions. A planning agreement must be in writing and signed by all of the parties to the agreement. A planning agreement is not entered into until it is signed. The Environmental Planning and Assessment Act 1979 requires planning agreements to include provisions specifying:
a) a description of the land to which the agreement applies,
b) a description of the change to the environmental planning instrument to which the agreement applies or the development to which the agreement applies,
c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made,
d) in the case of development, whether the agreement excludes (wholly or in part) or does not exclude the application of section 94, 94A or 94EF to the development
e) if the agreement does not exclude the application of section 94 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 94
f) a mechanism for the resolution of disputes under the agreement,
g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. A template for a planning agreement can be found at Attachment A.
Mandatory inclusions. The Plan of Management must include: • The objectives of the Plan of Management. • A list, and details, of appropriate uses for the Public Benefits Area for a Public Purpose which may include: o A Chinese Australian museum, o Community meeting rooms, o A library with exhibitions for the Chinese community, o Office space for lease for community not-for-profit groups with a focus on community groups associated with Chinese cultural activities and the broader Haymarket area, and/or o Entertainment space for events and activities associated with Chinese cultural communities and priorities. • The catalogue of contents commissioned by the City from Xxxxxx Xxxxxxx Architects dated 5 September 2019, as an annex. • The heritage assessment commissioned by the City from Xxxxxx Xxxxxxx Architects dated 15 July 2019, as an annex. • The list of all items that comprise the Heritage Assets, being those items listed in the catalogue of contents commissioned by the City from Xxxxxx Xxxxxxx Architects dated 5 September 2019 that are located in the Public Benefits Area, and those items that were or are to be relocated to the Public Benefits Area. • Details as to how public access to the Heritage Assets and the Public Benefits Area will be provided on an ongoing basis. • Details as to how the Plan of Management will be implemented, including how the ongoing use, management and maintenance of the Heritage Assets and the Public Benefits Area will be achieved and funded. • The governance structure that will be used to manage the Public Benefits Area to ensure it is operated in accordance with the Plan of Management. • The organisation or organisations (by name or type) identified as suitable to operate the Public Benefits Area to ensure that the Public Benefits Area is used for a Public Purpose in accordance with the Plan of Management. • Details of any costs or fees to be charged for access to view the Heritage Assets, or use of the Public Benefits Area, including benchmarking against the costs or fees charged to access or use similar or equivalent venues or institutions (e.g. Sydney Living Museums), and how the costs or fees will be reviewed and revised. • Details of the public consultation undertaken in preparation of the Plan of Management including parties that participated in the consultation, matters raised and/or arising from the consultation, and how each matter has been addressed. • Details of the process to enable any future revision to the Plan of Management. • Gradin...
Mandatory inclusions. A planning agreement must be in writing and signed by all of the parties to the agreement. A planning agreement is not entered into until it is signed. Ku-ring-gai Council must comply with Section 93F of the Environmental Planning and Assessment Act which requires planning agreements to include provisions specifying:
a) a description of the land to which the agreement applies;
b) a description of the change to the environmental planning agreement, or the development, to which the agreement applies;
c) the nature and extent of the development contributions to be made by the developer under the agreement, and when and how the contributions are to be made;
d) whether the agreement excludes (wholly or partly) the application of s94 or s94A to the subject development;
e) if the development does not exclude the application of s94 to a development, whether benefits under the agreement may or may not be considered by the consent authority in determining a contribution in relation to that development under s94;
f) a dispute resolution mechanism; and
g) the enforcement of the agreement by a suitable means, such as the provision of a bond or bank guarantee, in the event of a breach by the developer. Before a draft planning agreement may be exhibited, it must be accompanied by an Explanatory Note agreed upon by all the parties to the draft planning agreement.
