Common use of Mandatory inclusions Clause in Contracts

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.