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 s93F of the Environmental Planning and Assessment Xxx 0000 (Act). Effect of the Draft Planning Agreement The draft planning agreement provides for the design, construction, landscaping and dedication to the Council of the roadworks identified, and (subject to clause 9 of the Planning Agreement) dedication to the Council free of cost of the Internal Roads to the extent located on the Land as shown on the Site Detail Plan. The draft planning agreement also provides for the payment of monetary contributions towards the cost of the upgrading of Old Wallgrove Road and Archbold Road and certain stormwater drainage works in certain circumstances. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The draft planning agreement provides for the provision of infrastructure: • to meet the demands generated by the Development for new public infrastructure, and • to mitigate the potential impacts of the Development. The draft planning agreement will: • provide for appropriate management of potential environmental impacts arising from the Development, • enable the subject land to be developed in a timely and efficient manner to promote economic development and employment opportunities, and • provide for the dedication of land for public purposes. 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)(i), (ii) and (iv) 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 following two elements of the Council’s Charter under s8(1) of the Local Government Xxx 0000: • To provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively. This element of the Council’s Charter is promoted through the provision of public roads for the precinct. • To properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development. This element of the Council’s Charter is promoted by the Council’s assessment of the development application associated with the draft planning agreement. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under 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 for various public purposes (as defined in s93F(3) of the Act). Effect of the Draft Planning Agreement The draft planning agreement provides for the design, construction, landscaping and dedication Draft Planning Agreement: • relates to the Council carrying out by the Developer of development on the Land, • excludes the application of s94 of the roadworks identifiedAct to the Development, • excludes the application of s94A of the Act to the Development, • requires monetary Development Contributions, dedication of land and carrying out of works by the Developer, • requires the developer to provide the Council with security in the event that the Council is required to enforce the terms of the agreement, • is to be registered on the title to the Land, • imposes restrictions on the Parties transferring the Land or part of the Land or assigning an interest under the agreement, • provides two dispute resolution 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 (subject to clause 9 of the Planning AgreementGoods and Services Tax) dedication Xxx 0000 (Cth) applies to the Council free of cost of the Internal Roads to the extent located on the Land as shown on the Site Detail Plan. The draft planning agreement also provides for the payment of monetary contributions towards the cost of the upgrading of Old Wallgrove Road and Archbold Road and certain stormwater drainage works in certain circumstancesagreement. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The draft planning Draft Planning Agreement: • promotes and co-ordinates of 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 the provision of infrastructure: • to meet public infrastructure and facilities in connection with the demands generated by the Development for new public infrastructureDevelopment, and • to mitigate the potential impacts provides increased opportunity for public involvement and participation in environmental planning and assessment of the Development. The draft planning agreement will: • provide for appropriate management of potential environmental impacts arising from the Development, • enable the subject land to be developed in a timely and efficient manner to promote economic development and employment opportunities, and • provide for the dedication of land for public purposes. How the Draft Planning Agreement Promotes the Public Interest The Draft draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in s5(a)(is5(a)(ii), (iiiv), (v) and (iv5(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 Draft Planning Agreement promotes the following two elements of the Council’s Charter under s8(1) of the Local Government Xxx 0000charter by: • To provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate providing services and facilities for the community community, • ensuring that public facilities provided by the Developer under the agreement are transferred to and managed by the Council or are otherwise subject to ensure that those services and facilities are managed efficiently and effectively. This element of the Council’s Charter is promoted through control, • by providing a means for the provision private funding of public roads facilities for the precinct. • To properly manage, develop, protect, restore, enhance and conserve the environment benefit of the area for which it is responsibleDevelopment and the wider community, and • providing a means that allows the wider community to make submissions to the Council in a manner that is consistent with and promotes relation to the principles of ecologically sustainable development. This element of the Council’s Charter is promoted by the Council’s assessment of the development application associated with the draft planning agreement. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works ProgramProgram The Draft Planning Agreement conforms with Council’s Capital Works Program by: • conforming with the work schedule or provision of material public benefit as provided for in the West Dapto Section 94 Development Contributions Plan (2010) as adopted by Council at its meeting on 14 December 2010, • complying with the relevant provisions of Wollongong DCP 2009 including specifically the provisions of Chapter D16 West Dapto Release Area most notably the prescribed Road network and adopted Neighbourhood Plan. Chapter D16 was adopted by Council at its meeting on December 2010, • the monetary contributions provided will also assist Council in completing its 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

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under 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 Landowner for various public purposes (as defined in s93F(3) of the Act). Effect of the Draft Planning Agreement The draft planning agreement provides for the design, construction, landscaping and dedication Draft Planning Agreement:  relates to the Council carrying out by the Landowner of the roadworks identified, and (subject to clause 9 of the Planning Agreement) dedication to the Council free of cost of the Internal Roads to the extent located Development on the Land as shown  does not exclude the application of s94 and s94A of the Act to the Development.  requires either monetary Development Contributions for Road works, Sewerage Services and Water Supply  is to be registered on the Site Detail Plan. The draft planning agreement also provides for title to the payment of monetary contributions towards Land,  imposes restrictions on the cost Landowner transferring the Land or part of the upgrading Land or assigning an interest under the agreement,.  provides two dispute resolution methods for a dispute under the agreement, being expert determination and mediation,  provides that the agreement is governed by the law of Old Wallgrove Road New South Wales, and Archbold Road  provides that the A New Tax System (Goods and certain stormwater drainage works in certain circumstancesServices Tax) Xxx 0000 (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 Draft Planning Agreement:  promotes and co-ordinates of the orderly and economic use and development of the Land to which the agreement applies,  provides for and co-ordinates community services and facilities in connection with the provision of infrastructure: • to meet the demands generated by the Development for new public infrastructureDevelopment, and • to mitigate the potential impacts  provides increased opportunity for public involvement and participation in environmental planning and assessment of the Development. The draft planning agreement will: • provide for appropriate management of potential environmental impacts arising from the Development, • enable the subject land to be developed in a timely and efficient manner to promote economic development and employment opportunities, and • provide for the dedication of land for public purposes. How the Draft Planning Agreement Promotes the Public Interest The Draft draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in s5(a)(is5(a)(ii), (iiiv), (v) and (iv5(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 Draft Planning Agreement promotes the following two elements of the Council’s Charter under s8(1) of the Local Government Xxx 0000charter by: • To provide directly or on behalf of other levels of government, after due consultation, adequate, equitable  providing water sewerage and appropriate services and road facilities for the community,  providing a means that allows the wider community and to ensure that those services and facilities are managed efficiently and effectively. This element of make submissions to the Council’s Charter is promoted through Council in relation to the provision of public roads for the precinct. • To properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development. This element of the Council’s Charter is promoted by the Council’s assessment of the development application associated with the draft planning agreement. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program.

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under 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 for various public purposes (as defined in s93F(3) of the Act). Effect of the Draft Planning Agreement The draft planning agreement provides for the design, construction, landscaping and dedication Draft Planning Agreement:  relates to the Council amendment of the roadworks identified, LEP and (subject to clause 9 the carrying out of the Planning Agreement) dedication to the Council free of cost of the Internal Roads to the extent located Development on the Land as shown by the Developer,  makes provision for monetary Development Contributions for a Sporting and Recreation Facility,  requires that the Developer make the monetary Development Contributions to Council,  excludes the application of ss94 and s94A of the Act except in limited circumstances,  does not exclude the application of s94EF of the Act,  requires the Council to apply the monetary Development Contributions made under the agreement towards the specified purpose for which they were made,  is to be registered on the Site Detail Plan. The draft planning agreement also provides for title to the payment of monetary contributions towards Land,  imposes restrictions on the cost Parties transferring the Land or part of the upgrading Land or assigning, or novating an interest under the agreement,  provides two dispute resolution methods for a dispute under the agreement, being expert determination and mediation,  provides that the agreement is governed by the law of Old Wallgrove Road New South Wales, and Archbold Road  provides that the A New Tax System (Goods and certain stormwater drainage works in certain circumstancesServices Tax) Xxx 0000 (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 Draft Planning Agreement provides funding for a sporting and recreation facility and the provision of infrastructure: • to meet the demands generated by a bus service in connection with the Development for new public infrastructure, and • to mitigate the potential impacts of the Development. The draft planning agreement will: • provide for appropriate management of potential environmental impacts arising from the Development, • enable the subject land to be developed in a timely and efficient manner to promote economic development and employment opportunities, and • provide for the dedication of land for public purposesLEP Amendment. How the Draft Planning Agreement Promotes the Public Interest The Draft draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in s5(a)(is5(a)(ii), (iiv) and (iv5(c) of the Act. 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 Draft Planning Agreement promotes the following two elements of the Council’s Charter under s8(1) of the Local Government Xxx 0000charter by: • To provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities  providing a means for the community private funding of a sporting and to ensure that those services recreation facility and facilities are managed efficiently and effectively. This element of the Council’s Charter is promoted through the provision of public roads a bus service for the precinct. • To properly manage, develop, protect, restore, enhance and conserve the environment benefit of the area for which it is responsibleDevelopment and the wider community, and  providing a means that allows the wider community to make submissions to the Council in a manner that is consistent with and promotes relation to the principles of ecologically sustainable development. This element of the Council’s Charter is promoted by the Council’s assessment of the development application associated with the draft planning agreementAgreement. All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works ProgramProgram This Draft Planning Agreement conforms with the Council’s capital works program for the Sports and Recreation Facility. 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