Common use of Nature of Draft Planning Agreement Clause in Contracts

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement is a voluntary agreement under which the Developer is to construct the Cinema and make it available to Council and the local community of Kempsey in order to confer a material public benefit on the community. Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the carrying out by the Developer of development on the Land,  does not exclude the application of s 94 and s 94A of the Act to the Development,  does not exclude the operation of s 94EF of the Act to the Development,  provides that specified Developer’s obligations and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  requires the registration of the Public Positive Covenant,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  requires the Developer to commit to the ongoing provision of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempsey,  is to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land ,  imposes restrictions on the Developer transferring the Land or part of the Land or assigning an interest under the agreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,  provides a dispute resolution method for a dispute under the agreement, being mediation,  provides that the agreement is governed by the law of New South Wales, and  provides that the A New Tax System (Goods and Services Tax) Xxx 0000

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F s93F of the Environmental Planning and Assessment Xxx 0000 Act 1979 (Act). The Draft Planning Agreement is a voluntary agreement under which Development Contributions (as defined in clause 1.1 of the Draft Planning Agreement) are made by the Developer is for various public purposes (as defined in s93F(2) of the Act). The Developer proposes to construct and fit out a Proposed Arts Centre as part of the Cinema Development, and make it available dedicate the Proposed Arts Centre (as a stratum lot) to Council and the local community of Kempsey in order to confer a material public benefit on the communityCouncil. Effect of the Draft Planning Agreement The Draft Planning Agreement:   relates to the proposed change to the LEP and the carrying out by the Developer of development Development on the LandDevelopment Site,   does not exclude the application of s 94 and s 94A of the Act to the Developments94,  does not exclude the operation of s s94A or 94EF of the Act to the Development,  provides that specified Developer’s obligations and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of  requires the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate material public benefit, being the construction, fit out and dedication of compliance by the Council for the Development under s306 of the WM Acta Proposed Arts Centre,  requires the registration of the Public Positive Covenant,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  requires the Developer to commit to the ongoing provision of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempsey,   is to be registered on the title titles to the Land if the Developer obtains the consent of the holders of all registered interests in the Land Development Site,   imposes restrictions on the Developer transferring the Land or part of the Land or Parties assigning an interest under the agreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,   provides a two dispute resolution method methods for a dispute under the agreement, being expert determination and mediation,   requires the provision of bank guarantees and other measures as security for the Developer’s obligations under the agreement;  provides that the agreement is governed by the law of New South Wales. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement proposes the construction and dedication of a Proposed Arts Centre to Council. The facility will provide a new public space in a central location to further the social and cultural needs of the community. The provision of this public facility will serve the needs of the residents, workers and visitors to the locality and will therefore:  promote and co-ordinate the orderly and economic use and development of the land to which the agreement applies; and  provide and co-ordinate the provision of public facilities in connection with the Development. The North Sydney Community Strategic Plan 2013–2023 (CSP) outlines the community-wide priorities and aspirations for the local government area, and  provides long-term goals, objectives and actions to achieve these visions. The CSP is Council’s most important strategic document and is used to guide and inform Council’s decision making and planning for the next ten years. The relevant Directions, Outcomes, and Strategies of the CSP that will be met by the A New Tax System (Goods delivery of the Proposed Arts Centre include: Direction: 2. Our Built Environment Outcome: 2.1 Infrastructure, assets and Services Tax) Xxx 0000facilities that meet community needs Outcome: 2.2 Improved mix of land use and quality development through design excellence Outcome: 2.3 Vibrant, connected and well maintained streetscapes and villages that build a sense of community Direction: 4. Our Social Vitality Outcome: 4.3 Enhanced arts and cultural programs and facilities Outcome: 4.8 Enhanced Community facilities, information and services. How the Draft Planning Agreement Promotes the Public Interest and the Objects of the Act The Draft Planning Agreement promotes the Public Interest because it will provide public facilities that will serve the needs of the community in the location of the Development. By providing this public facility as part of the Development, the proposal promotes the following objects of the Act:

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F s93F of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement It is a voluntary agreement agreement, under which the Developer is to construct makes Development Contributions (as defined in clause 1.1 of the Cinema and make it available to Council and Draft Planning Agreement) for various public purposes (as defined in s 93F(3) of the local community of Kempsey in order to confer a material public benefit on the communityAct). Effect of the Draft Planning Agreement The Draft Planning Agreement:  • relates to the carrying out by the Developer of development on the LandDevelopment,  does not exclude • excludes the application of s 94 and s 94A of the Act to the Development,  • does not exclude the operation application of s 94EF of the Act to the Development,  provides that specified Developer’s obligations • requires dedication of land and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction carrying out of the Cinema then either party may terminate the planning agreementWorks,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  requires the registration of the Public Positive Covenant,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  • requires the Developer to commit to provide the ongoing provision Council with a letter of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempseyundertaking,  • is not to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land Land,  • imposes restrictions on the Developer transferring the Land or part of the Land or assigning an interest under the agreementAgreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,  • provides a dispute resolution method for a dispute under the agreement, being mediationmediation and expert determination,  • provides that the agreement is governed by the law of New South Wales, and  • provides that the A New Tax System (Goods and Services Tax) Xxx 00000000 (Cth) applies to the agreement. Whether the Draft Planning Agreement specifies that certain requirements must be complied with before issuing of a construction certificate, occupation certificate or subdivision certificate • This Draft Planning agreement contains requirements that must be complied with, namely the carrying out of Work and dedication of land, before Subdivision Certificates and Construction Certificates may be issued. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement: • promotes and co-ordinates the orderly and economic use and development of the Land to which the Agreement applies, • provides land for public purposes in connection with the Development, • provides and co-ordinates community services and facilities in connection with the Development, and • provides increased opportunity for public involvement and participation in environmental planning and assessment of the Development. How the Draft Planning Agreement Promotes the Public Interest The Draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in ss 5(a)(ii)-(v) and 5(c) of the Act. For Planning Authorities: Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities N/A Other Public Authorities - How the Draft Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils - How the Draft Planning Agreement Promotes the Elements of the Council's Charter The Draft Planning Agreement promotes the elements of the Council's charter by: • providing services and facilities for the community, • ensuring that the public facilities provided by the Developer under the agreement are transferred to and managed by the Council or are otherwise subject to the Council's control, • providing a means that allows the wider community to make submissions to the Council in relation to the agreement. All Planning Authorities - Whether the Draft Planning Agreement Conforms with the Authority's Capital Works Program The Draft Planning Agreement conforms with Council's Capital Works Program through the provision of essential infrastructure such as the roads, traffic facilities and drainage as listed in Schedule 3. Deed of Variation of Planning Agreement – Xxxxxxxxx Park South Campbelltown City Council Landcom (t/a UrbanGrowth NSW) Dahua Group Sydney Project 1 Pty Ltd MinterEllison L A W Y E R S AURORA PLACE, 00 XXXXXXX XXXXXX, SYDNEY NSW 2000, DX 000 XXXXXX TEL: +00 0 0000 0000 FAX: +00 0 0000 0000 xxx.xxxxxxxxxxxxx.xxx Deed of Variation of Planning Agreement Information table 3

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F s93F of the Environmental Planning and Assessment Xxx 0000 Act 1979 (Act). The Draft Planning Agreement is a voluntary agreement under which Development Contributions (as defined in clause 1.1 of the Draft Planning Agreement) are made by the Developer is to construct for various public purposes (as defined in s93F(3) of the Cinema and make it available to Council and the local community of Kempsey in order to confer a material public benefit on the communityAct). Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the carrying out by the Developer of development on the Land, Land  does not exclude the application of s 94 and s 94A of the Act to the Development,  does not exclude excludes the operation application of s 94EF s94A of the Act to the Subdivision Work but not other Development, .  provides that specified Developer’s obligations and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the requires monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM ActContributions,  requires the registration carrying out of specified Works including water supply works, sewerage works and establishment and management of environmental land, by the Public Positive CovenantDeveloper,  requires a cinema the Council to be constructed by apply monetary Development Contributions made under the agreement towards the specified purpose for which they were made and at the location, in the manner and to the standard (if any) specified in the agreement,  imposes obligations on the Developer in relation to the carrying out of specified Works, the handing over of those Works to the Council and the rectification of defects in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees, those Works.  requires the Developer to commit provide the Council with security in the event that the Council is required to enforce the ongoing provision terms of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempseyagreement,  is to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land Land,  imposes restrictions on the Developer Parties transferring the Land or part of the Land or assigning an interest under the agreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,  provides a two dispute resolution method methods for a dispute under the agreement, being expert determination and mediation,  provides that the agreement is governed by the law of New South Wales, and  provides that the A New Tax System (Goods and Services Tax) Xxx 0000Act 1999

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F section 7.4(1) of the Environmental Planning and Assessment Xxx 0000 Act 1979 (the Act). The Draft Planning Agreement is a voluntary agreement under which Development Contributions are made by the Developer is to construct and Landowner for various public purposes (as defined in section 7.4(2) of the Cinema and make it available to Council and the local community of Kempsey in order to confer a material public benefit on the communityAct). Effect of the Draft Planning Agreement The Draft Planning Agreement:  • is in connection with an amendment to the LEP relating to the Planning Proposal (PP-2021-5837); • relates to the carrying out of the Development on the Land by the Developer of development on the Land,  Developer; • does not exclude the application of s 94 and s 94A sections 7.11, 7.12 or 7.24 of the Act to the Development,  does not exclude the operation of s 94EF although benefits are to be taken into consideration under section 7.11(6) of the Act to the Development,  provides that specified Developer’s obligations and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfiedAct;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  requires the registration of the Public Positive Covenant,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  requires the Developer to commit to the ongoing provision of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempsey,  • is to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land ,  Land; • imposes restrictions on the Developer transferring transfer the Land or part of the Land or assigning assigning, or novating an interest under the agreement,  requires Draft Planning Agreement; and • provides for the delivery of Development Contributions by the Developer and Landowner to provide suitable enforcement mechanisms Council which include: draft o Dedication of 3 land parcels totalling approximately 14,441m2 of the Land to Council as public open space for public use o Dedication and delivery of approximately 14,088m2 of the Land to Council, as Local Road for Public use o Dedication and delivery of approximately 33,110m2 of the Land to Council, as Minor Local Road for Public use o Dedication of approximately 668m2 of the Land to Council for Public Infrastructure/Drainage use o The provision and embellishment of public use local parks with children’s playground equipment, outdoor fitness, walking/cycling tracks and sheltered picnic tables and BBQs within the subject site. o Provision of off-road shared cycleway along collector roads linking site to external road/cycle network. o Monetary contribution of $1,041,921 to embellish the existing Milperra Reserve including amenity block, footpaths, picnic tables, bins, flood lighting and turf. o Monetary contribution of $392,400 to repair and renovate Council’s existing Milperra Community Centre o Monetary contribution towards the provision of affordable housing in the local area 4 Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement: • promotes and co-ordinates the orderly and economic use and development of the land to which it applies; • provides increased opportunity for public involvement and participation in environmental planning and assessment of the Development; and • provides for additional monetary contributions by a developer to the Council to be used for public purposes, in addition to other development contributions under sections 7.11 or 7.12 and 7.24 of the Act required for the benefit proposed Development on the land to which it applies. How the Draft Planning Agreement Promotes the Public Interest The Draft Planning Agreement promotes the public interest by promoting the objects of Council the Act as set out in section 1.3 of the Act and through the provision of the public benefits outlined in paragraph 3 above,  provides ‘Effect of the Draft Planning Agreement”. For Planning Authorities Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities Other Public Authorities – How the Draft Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted N/A draft N/A Councils – How the Draft Planning Agreement Promotes the Principles for Local Government Contained in Chapter 3 of the Local Government Act 1993 The Draft Planning Agreement promotes the principles for local government by: • strategically using the integrated planning and reporting framework for the provision of effective and efficient services and regulation to meet the diverse needs of the local community; • working with others to secure appropriate services for local community needs; • acting fairly, ethically and without bias in the interests of the local community; • keeping the local and wider community informed about its activities; and • providing adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program Yes. The proposed contributions are consistent with the types of community infrastructure identified in the Canterbury-Bankstown Voluntary Planning Agreement Policy and aligns with Council’s Capital Works Program. All Planning Authorities – Whether the Draft Planning Agreement specifies that certain requirements must be complied with before a dispute resolution method construction certificate, occupation certificate or subdivision certificate is issued Yes. Certain Development Contributions are required to be delivered prior to the issuing of a subdivision certificate or an occupation certificate for a dispute under relevant stage of the agreement, being mediation,  provides that the agreement is governed by the law of New South Wales, and  provides that the A New Tax System (Goods and Services Tax) Xxx 0000Development.

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement is a voluntary agreement under which the Developer is to construct the Cinema and make it available to Council and the local community of Kempsey in order to confer a material public benefit on the community. Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the carrying out by the Developer of development on the Land,  does not exclude the application of s 94 and s 94A of the Act to the Development,  does not exclude the operation of s 94EF of the Act to the Development,  provides that specified Developer’s obligations and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  requires the registration of the Public Positive CovenantCovenant by the Developer,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  requires the Developer to commit to the ongoing provision of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempsey,  is to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land Land,  imposes restrictions on the Developer transferring the Land or part of the Land or assigning an interest under the agreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,  provides a dispute resolution method for a dispute under the agreement, being mediation,  provides that the agreement is governed by the law of New South Wales, and  provides that the A New Tax System (Goods and Services Tax) Xxx 0000

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F s93F of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement is a voluntary agreement under which Development Contributions (as defined in clause 1.1 of the Draft Planning Agreement) are made by the Developer is to construct and Landowner for various public purposes (as defined in s93F(3) of the Cinema and make it available to Council and the local community of Kempsey in order to confer a material public benefit on the communityAct). Effect of the Draft Planning Agreement The Draft Planning Agreement:  • relates to the carrying out by the Developer of development on the Land,  • does not exclude the application of s 94 and s 94A s94, s94A or s94EF of the Act to the Development,  does • is not exclude the operation of s 94EF of the Act to the Development,  provides that specified Developer’s obligations and Council’s obligations be taken into consideration when determining a Development Contribution under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 s94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  • requires the registration of easements by the Public Positive CovenantLandowner,  • requires a cinema monetary Development Contributions to be constructed paid by the Developer and in operation Developer, • requires works to be carried out by a certain date and made available for community usethe Developer,  allows 37 • requires security to be provided by the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required feesDeveloper,  requires the Developer to commit to the ongoing provision of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempsey,  • is to be registered on the title to the Land, • imposes a charge and allows a caveat to be registered over the Land if the Developer obtains planning agreement is not registered and the consent Council has not received the full amount of the holders of all registered interests in the Land security,  • imposes restrictions on the Developer and Landowner transferring the Land or part of the Land or assigning an interest under the agreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,  • provides a two dispute resolution method methods for a dispute under the agreement, being expert determination and mediation,  • provides that the agreement is governed by the law of New South Wales, and  • provides that the A New Tax System (Goods and Services Tax) Xxx 00000000 (Cth) applies to the agreement. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement: • promotes and co-ordinates the orderly and economic use and development of the Land to which the agreement applies, • provides and co-ordinates the provision of public infrastructure and facilities in connection with the Development, • provides public access to land for public purposes, • provides increased opportunity for public involvement and participation in environmental planning and assessment of the Development. How the Draft Planning Agreement Promotes the Public Interest The draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in s5(a)(ii), (iv), (v) and 5(c) of the Act. For Planning Authorities: Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities N/A Other Public Authorities - How the Draft Planning Agreement Promotes the Objects (if any) o f the Act under which it is Constituted N/A Councils - How the Draft Planning Agreement Promotes the Elements of the Council's Charter (now principles for local government) in section 8 o f the Local Government Act 1993 The Draft Planning Agreement promotes the principles for local government by: 38 • ensuring that lands and other assets are managed so that current and future local community needs can be met in an affordable way, • providing a means where Council can work with others to secure appropriate services for local community needs, • ensuring that the Councils actively engages with the local communities, through the public notification of this Draft Planning Agreement and allowing the wider community to make submissions to the Council in relation to the Agreement. All Planning Authorities - Whether the Draft Planning Agreement Conforms with the Authority's Capital Works Program The Draft Planning Agreement conforms with the Council's capital works program. All Planning Authorities - Whether the Draft Planning Agreement specifies that certain requirements must be complied with before a construction certificate> occupation certificate or subdivision certificate is issued This Draft Planning agreement contains requirements that must be complied with before occupation certificates are issued.

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F s93F of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement It is a voluntary agreement agreement, under which the Developer is to construct makes Development Contributions (as defined in clause 1.1 of the Cinema and make it available to Council and Draft Planning Agreement) for various public purposes (as defined in s 93F(3) of the local community of Kempsey in order to confer a material public benefit on the communityAct). Effect of the Draft Planning Agreement The Draft Planning Agreement:  • relates to the carrying out by the Developer of development on the LandDevelopment,  does not exclude • excludes the application of s 94 and s 94A of the Act to the Development,  • does not exclude the operation application of s 94EF of the Act to the Development,  provides that specified Developer’s obligations • requires dedication of land and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction carrying out of the Cinema then either party may terminate the planning agreementWorks,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  requires the registration of the Public Positive Covenant,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  • requires the Developer to commit to provide the ongoing provision Council with a letter of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempseyundertaking,  • is not to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land Land,  • imposes restrictions on the Developer transferring the Land or part of the Land or assigning an interest under the agreementAgreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of Council ,  • provides a dispute resolution method for a dispute under the agreement, being mediationmediation and expert determination,  • provides that the agreement is governed by the law of New South Wales, and  • provides that the A New Tax System (Goods and Services Tax) Xxx 00000000 (Cth) applies to the agreement. Whether the Draft Planning Agreement specifies that certain requirements must be complied with before issuing of a construction certificate, occupation certificate or subdivision certificate • This Draft Planning agreement contains requirements that must be complied with, namely the carrying out of Work and dedication of land, before Subdivision Certificates and Construction Certificates may be issued. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The Draft Planning Agreement: • promotes and co-ordinates the orderly and economic use and development of the Land to which the Agreement applies, • provides land for public purposes in connection with the Development, • provides and co-ordinates community services and facilities in connection with the Development, and • provides increased opportunity for public involvement and participation in environmental planning and assessment of the Development. How the Draft Planning Agreement Promotes the Public Interest The Draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in ss 5(a)(ii)-(v) and 5(c) of the Act. For Planning Authorities: Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities N/A Other Public Authorities - How the Draft Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils - How the Draft Planning Agreement Promotes the Elements of the Council's Charter The Draft Planning Agreement promotes the elements of the Council's charter by: • providing services and facilities for the community, • ensuring that the public facilities provided by the Developer under the agreement are transferred to and managed by the Council or are otherwise subject to the Council's control, • providing a means that allows the wider community to make submissions to the Council in relation to the agreement. All Planning Authorities - Whether the Draft Planning Agreement Conforms with the Authority's Capital Works Program The Draft Planning Agreement conforms with Council's Capital Works Program through the provision of essential infrastructure such as the roads, traffic facilities and drainage as listed in Schedule 3. Deed of Variation of Planning Agreement – Xxxxxxxxx Park South Campbelltown City Council Landcom (t/a UrbanGrowth NSW) Dahua Group Sydney Project 1 Pty Ltd MinterEllison L A W Y E R S AURORA PLACE, 00 XXXXXXX XXXXXX, SYDNEY NSW 2000, DX 000 XXXXXX TEL: +00 0 0000 0000 FAX: +00 0 0000 0000 xxx.xxxxxxxxxxxxx.xxx Deed of Variation of Planning Agreement Information table