Common use of Planning Agreements Clause in Contracts

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,