Planning Agreements. 6.1 The Landlord shall, if necessary to procure the grant of a Satisfactory Planning Permission, at the request and cost (including the proper costs of the Landlord's legal advisers) of the Tenant enter into any Planning Agreement which is reasonably required in order to secure the grant of Planning Permission.
6.2 The Landlord shall not be obliged to enter into any such Planning Agreement to secure the grant of a Satisfactory Planning Permission unless:
(a) such Planning Agreement shall not be binding (other than any obligation to pay the costs of its preparation) until the implementation of the Planning Permission;
(b) such Planning Agreement shall not bind the Landlord after the Landlord has disposed of all of its estate or interest in the Property; and
(c) the Tenant indemnifies the Landlord against all liability arising from the Planning Agreement and provides such security for performance of the Tenant's obligations under the Planning Agreement as the Landlord may reasonably require.
6.3 The Tenant shall provide the Landlord with a certified copy of any completed Planning Agreement within 20 Working Days of completion of the same.
Planning Agreements. 5.1 When is a planning agreement required?
a) meeting the demands created by the development for new public infrastructure, amenities and services;
b) compensating for the loss of or change to a public facility, amenity or service, resource or asset;
c) securing planning benefits for the wider community so that the development delivers a net benefit to the community;
d) achieving benefits of a type that cannot be sought through formal contributions plans such as recurrent funding, affordable housing, regeneration or rehabilitation of bushland and the like;
e) achieving works which were excluded from contributions plans for the purpose of achieving a reasonable contributions rate;
f) clarifying the relationship between development contributions under an adopted contributions plan and the works to be provided on any given development site; and/or
g) specifying the standards to be met in the provisions of works in kind or the provisions of a material public benefit. Ku-ring-gai Council requires developers to commence negotiation of a planning agreement where there is any proposal to dedicate land and/or carry out works-in-kind included in a Development Contributions Plan and/or provide a material public benefit or a public benefit whether or not it is of the kind identified in a Development Control Plan and whether or not an offset to development contributions under s7.11 or s7.12 is sought.
5.2 What will Council require to be provided under planning agreements? Attachment C is not intended to be exhaustive, and recognises that the consideration of each proposed development will reflect the circumstances of each case and the needs created by the scale of the development. The types of benefits that generally could be included in a planning agreement are:
a) land dedication, b) works of the type that appear in the works schedules of Council’s adopted Contributions Plan,
Planning Agreements. 6.15.1 In conjunction with pursuing the Planning Application the Partner will at its own cost negotiate the terms of and enter into any necessary Planning Agreement and shall obtain the Council's written approval to the terms of any Planning Agreement prior to entry into it.
6.15.2 The Partner shall diligently monitor expenditure of any monies paid to the Local Planning Authority pursuant to a Planning Agreement and in the event of non-expenditure within any applicable time period shall as soon as reasonably practicable following its expiry commence and diligently pursue an application to the Local Planning Authority for reimbursement of any unspent sums.
Planning Agreements. 4.1 The Developer shall comply with all of its obligations in each of the Planning Obligations except insofar as they relate to the use and occupation of any part of the Development following practical completion.
4.2 The Council shall not do anything which may put the Developer in breach of its obligations in any Planning Obligation.
4.3 Any works to be undertaken pursuant to the terms of each Planning Obligation shall be undertaken in accordance with the terms of such Planning Obligation and otherwise in accordance with the requirements for undertaking the Works in accordance with this schedule.
4.4 Where any such Planning Obligation requires the completion of works by any party which are to be adopted by the Local Authority or Highways Authority (as applicable) the Developer shall use all reasonable endeavours to procure that such works are so adopted in accordance with the terms of such Planning Obligation. 5 Archaeological works
Planning Agreements. A Planning Agreement is a legal document (a deed) which can be entered into by “any person with an interest in the land”, but who is usually the developer who is seeking planning consent. The inclusion of community benefit clauses in planning agreements (e.g. requiring planners to target jobs created in their development) can ensure the number of job opportunities for local residents is maximised.
Planning Agreements. 5.1 When is a planning agreement required?
a) meeting the demands created by the development for new public infrastructure, amenities and services
b) compensating for the loss of or change to a public facility, amenity or service, resource or asset
c) securing planning benefits for the wider community so that the development delivers a net benefit to the community d) achieving benefits of a type that cannot be sought through formal contributions plans such as recurrent funding, affordable housing, regeneration or rehabilitation of bushland and the like e) achieving works which were excluded from contributions plans for the purpose of achieving a reasonable contributions rate
Planning Agreements. At the request of the Tenant to enter into and to consent to the Tenant entering into any Planning Agreement relating to the Property Provided that if the Landlord is requested to enter into any Planning Agreement the Tenant shall (and the Landlord shall give to the Tenant all rights necessary to enable the Tenant to) observe and perform all the obligations on the part of the Landlord and the landowner contained in the Planning Agreement and the Tenant shall indemnify the Landlord in respect of all such obligations on the Landlord’s part and all reasonable and proper costs relating thereto]14
Planning Agreements. 14.1 The Landowners will be required to enter into any planning agreements required for the Satisfactory Planning Permission, provided that these:
14.2 relate only to the extent of the Property and any land required for highways works comprised within the planning application area.
14.3 are only enforceable following the commencement of the development (other than payment of council legal fees);
14.4 has been approved by the Landowners (such approval not to be unreasonably withheld or delayed) and does not require the Landowners to expend any money prior to the sale of the Property; and subject to:
14.5 the relevant planning agreement containing terms which either release the Landowners from all liabilities, obligations, restrictions and conditions under the planning agreement once it has parted with its interest in the Property or the Landowners are indemnified in respect of any such liabilities, obligations, restrictions under the planning agreement from which it is not so released once it has parted with its interest in the Property.
14.6 It is proposed that any sale contract to a purchaser will include provision for the purchaser to pay any associated costs incurred by the Landowners (i.e. Landowners Solicitor fees in auditing the planning agreement).
14.7 The Landowners will use reasonable endeavours to ensure that any planning agreement contains appropriate phasing provisions to pervert liability being triggered with respect to land falling outstanding any phase being developed, where applicable.
Planning Agreements. If a Planning Agreement is required, the Buyer shall use all reasonable endeavours to negotiate and agree the terms of the Planning Agreement free from any Buyer’s Unacceptable Conditions.
Planning Agreements. The Developer is to enter into any Planning Agreement required by the local planning authority as a condition to the grant of Planning Permission subject to the following conditions being satisfied: the Planning Agreement does not contain terms which: take effect before the date of the Planning Permission; or are Onerous Conditions The Planning Agreement is to be conditional on the Relevant Works being implemented.
