Common use of Negotiation Procedures and Probity Clause in Contracts

Negotiation Procedures and Probity. 6.1 Steps in the negotiation process a) Prior to the lodgement of the relevant application (development application or planning proposal), the developer approaches Council with a letter outlining the nature of the offer to be made by way of planning agreement. The initial point of contact to discuss a planning agreement with Council will be Infrastructure Coordinator. b) Councillors will be notified that a letter of offer has been received. c) The parties will consider whether there are other parties that should be involved (e.g. owner of land if the developer is not the owner) and whether to appoint an independent person to facilitate or otherwise participate in the negotiations. d) A timetable for negotiations and the protocols and work practices governing the negotiations will be agreed between the parties. e) Initial negotiations between the parties take place regarding the items and matters to be addressed in the planning agreement. f) Once an agreement is reached, the draft planning agreement will be documented and the parties will agree on the terms of the accompanying explanatory note required by the Regulations. g) The developer will lodge an application (development application or planning proposal) to the Council or other relevant authority accompanied by the draft planning agreement and explanatory note. The application must clearly record the offer to enter into a planning agreement. h) The draft planning agreement is to be reported to Council and a resolution sought to the effect that public notice of the planning agreement be given for a period of 28 days. i) The draft planning agreement and explanatory note will be advertised concurrent with the application (development application or planning proposal) in accordance with the Act and Regulation. j) Any person may make a submission on the draft planning agreement and Council is bound to consider the submission. k) The parties may be required to undertake further negotiations as a result of the public notification. l) At a Council meeting, Council will consider a report on the submissions made during the public notification process and decides by resolution whether or not to enter into and sign the draft planning agreement. m) Development Application – Council determines the development application to which the planning agreement relates. If it resolves to approve the application, it will impose appropriate conditions on the consent referring to the agreement and other development contributions affected by the agreement. n) Council and the developer execute the planning agreement o) The executed planning agreement is then registered on the title of the land the subject of the planning agreement binding all heirs and successors until the discharge of the developers obligations under the planning agreement. Note the planning agreement may contain a clause indicating specific circumstances in which it would become active. A flow chart of this process is included at Attachment D.

Negotiation Procedures and Probity. 6.1 Steps in the negotiation process a) Prior to the lodgement of the relevant application (development application or planning proposal), the developer approaches Council with a letter outlining the nature of the offer to be made by way of planning agreement. The initial point of contact to discuss a planning agreement with Council will be the Infrastructure Coordinator. b) Councillors will be notified that a letter of offer has been received. c) The parties will consider whether there are other parties that should be involved (e.g. owner of land if the developer is not the owner) and whether to appoint an independent person to facilitate or otherwise participate in the negotiations. d) A timetable for negotiations and the protocols and work practices governing the negotiations will be agreed between the parties. e) Initial negotiations between the parties take place regarding the items and matters to be addressed in the planning agreement. f) Once an agreement is reached, the draft planning agreement will be documented and the parties will agree on the terms of the accompanying explanatory note required by the Regulations. g) The developer will lodge an application (development application or planning proposal) to the Council or other relevant authority accompanied by the draft planning agreement and explanatory note. The application must clearly record the offer to enter into a planning agreement. h) The draft planning agreement is to be reported to Council and a resolution sought to the effect that public notice of the planning agreement be given for a period of 28 days. i) The draft planning agreement and explanatory note will be advertised concurrent with the application (development application or planning proposal) in accordance with the Act and Regulation. j) Any person may make a submission on the draft planning agreement and Council is bound to consider the submission. k) The parties may be required to undertake further negotiations as a result of the public notification. l) At a Council meeting, Council will consider a report on the submissions made during the public notification process and decides by resolution whether or not to enter into and sign the draft planning agreement. m) Development Application – Council determines the development application to which the planning agreement relates. If it resolves to approve the application, it will impose appropriate conditions on the consent referring to the agreement and other development contributions affected by the agreement. n) Council and the developer execute the planning agreement o) The executed planning agreement is then registered on the title of the land the subject of the planning agreement binding all heirs and successors until the discharge of the developers developer’s obligations under the planning agreement. Note the planning agreement may contain a clause indicating specific circumstances in which it would become active. A flow chart of this process is included at Attachment D. 6.2 Roles and Responsibilities

Negotiation Procedures and Probity. 6.1 Steps in the negotiation process a) Prior to the lodgement of the relevant application (development application or planning proposal), the developer approaches Council with a letter outlining the nature of the offer to be made by way of planning agreement. The initial point of contact to discuss a planning agreement with Council will be Infrastructure Coordinator. b) Councillors will be notified that a letter of offer has been received. c) The parties will consider whether there are other parties that should be involved (e.g. owner of land if the developer is not the owner) and whether to appoint an independent person to facilitate or otherwise participate in the negotiations. d) A timetable for negotiations and the protocols and work practices governing the negotiations will be agreed between the parties. e) Initial negotiations between the parties take place regarding the items and matters to be addressed in the planning agreement. f) Once an agreement is reached, the draft planning agreement will be documented and the parties will agree on the terms of the accompanying explanatory note required by the Regulations. g) The developer will lodge an application (development application or planning proposal) to the Council or other relevant authority accompanied by the draft planning agreement and explanatory note. The application must clearly record the offer to enter into a planning agreement. h) The draft planning agreement is to be reported to Council and a resolution sought to the effect that public notice of the planning agreement be given for a period of 28 days. i) The draft planning agreement and explanatory note will be advertised concurrent with the application (development application or planning proposal) in accordance with the Act and Regulation. j) Any person may make a submission on the draft planning agreement and Council is bound to consider the submission. k) The parties may be required to undertake further negotiations as a result of the public notification. l) At a Council meeting, Council will consider a report on the submissions made during the public notification process and decides by resolution whether or not to enter into and sign the draft planning agreement. m) Development Application – Council determines the development application to which the planning agreement relates. If it resolves to approve the application, it will impose appropriate conditions on the consent referring to the agreement and other development contributions affected by the agreement. n) Council and the developer execute the planning agreement o) The executed planning agreement is then registered on the title of the land the subject of the planning agreement binding all heirs and successors until the discharge of the developers obligations under the planning agreement. Note the planning agreement may contain a clause indicating specific circumstances in which it would become active. A flow chart of this process is included at Attachment D. 6.2 Roles and Responsibilities

Negotiation Procedures and Probity. 6.1 Steps in the negotiation process a) Prior to the lodgement of the relevant application (development application or planning proposal), the developer approaches Council with a letter outlining the nature of the offer to be made by way of planning agreement. The initial point of contact to discuss a planning agreement with Council will be the Infrastructure Coordinator. b) Councillors will be notified that a letter of offer has been received. c) The parties will consider whether there are other parties that should be involved (e.g. owner of land if the developer is not the owner) and whether to appoint an independent person to facilitate or otherwise participate in the negotiations. d) A timetable for negotiations and the protocols and work practices governing the negotiations will be agreed between the parties. e) Initial negotiations between the parties take place regarding the items and matters to be addressed in the planning agreement. f) Once an agreement is reached, the draft planning agreement will be documented and the parties will agree on the terms of the accompanying explanatory note required by the Regulations. g) The developer will lodge an application (development application or planning proposal) to the Council or other relevant authority accompanied by the draft planning agreement and explanatory note. The application must clearly record the offer to enter into a planning agreement. h) The draft planning agreement is to be reported to Council and a resolution sought to the effect that public notice of the planning agreement be given for a period of 28 days. i) The draft planning agreement and explanatory note will be advertised concurrent with the application (development application or planning proposal) in accordance with the Act and Regulation. j) Any person may make a submission on the draft planning agreement and Council is bound to consider the submission. k) The parties may be required to undertake further negotiations as a result of the public notification. l) At a Council meeting, Council will consider a report on the submissions made during the public notification process and decides by resolution whether or not to enter into and sign the draft planning agreement. m) Development Application – Council determines the development application to which the planning agreement relates. If it resolves to approve the application, it will impose appropriate conditions on the consent referring to the agreement and other development contributions affected by the agreement. n) Council and the developer execute the planning agreement o) The executed planning agreement is then registered on the title of the land the subject of the planning agreement binding all heirs and successors until the discharge of the developers developer’s obligations under the planning agreement. Note the planning agreement may contain a clause indicating specific circumstances in which it would become active. A flow chart of this process is included at Attachment D.