Pooling of development contributions. Where a proposed planning agreement provides for a monetary contribution by the proponent, the Council may seek to include a provision permitting money paid under the agreement to be pooled with money paid under other planning agreements and applied progressively for the different purposes under those agreements, subject to the specific requirements of the relevant agreements. Pooling may be appropriate to allow public benefits, particularly essential infrastructure, to be provided in a timely, fair and equitable way.
Pooling of development contributions. A planning agreement which requires the payment of a monetary contribution may include a provision which allows money to be pooled with funds obtained from other planning agreements and contributions plans and to be used for public purposes identified in those agreements and plans.
Pooling of development contributions. Where a VPA provides for a monetary contribution by the proponent, the VPA must provide that money paid under the VPA may be pooled with money paid under other VPAs and applied progressively for the different purposes under those VPAs. Pooling may be appropriate to allow public benefits, particularly essential infrastructure, to be provided in a fair and equitable way.
Pooling of development contributions. Where a proposed Planning Agreement provides for a monetary contribution by the developer, Council may seek to include a provision permitting money paid under the agreement to be pooled with money paid under other Planning Agreements [in accordance with [section 116F(2) of the Act} and applied progressively for the different purposes under those agreements, subject to the specific requirements of the relevant agreements (for example, toward Council’s Affordable Housing Program [or other public infrastructure]). Pooling may be appropriate to allow [public infrastructure or other] public purposes, particularly essential infrastructure, to be provided in a fair and equitable way. However, pooling may not be practicable or necessarily appropriate where few Planning Agreements are enacted, particularly if these are not geographically proximate. The pooling of contributions in a Planning Agreement will be at the discretion of Council.
Pooling of development contributions. Where a proposed planning agreement provides for a monetary contribution by the developer, the Council may seek to include a provision permitting money paid under the agreement to be pooled with money paid under other planning agreements and applied progressively for the different purposes under those agreements, subject to the specific requirements of the relevant agreements. Pooling may be appropriate to allow public benefits, particularly essential infrastructure, to be provided in a fair and equitable way. The Council generally will require a planning agreement to make provision for security by the developer of the developer’s obligations under the agreement. The form of security will generally be the unconditional bank guarantee from an Australian Bank in favour of the Council to the full value of the developer’s provision under the agreement and on terms otherwise acceptable to the Council. Council may give consideration to the establishment of a VPA that defers the payment of developer contributions outside of an unconditional bank guarantee. The Council will generally require a planning agreement to contain an acknowledgement by the developer that the Council may, in its absolute discretion, make a notation under s149(5) of the Act about a planning agreement on any certificate issued under s149(2) of the Act relating to the land the subject of the agreement or any other land. The Council will generally require a planning agreement to contain a provision requiring the developer to agree to registration of the agreement pursuant to s93H of the Act if the requirements of that section are satisfied. The Council will generally require a planning agreement to provide for mediation of disputes between the parties to the agreement before the parties may exercise any other legal rights in relation to the dispute.
Pooling of development contributions. Council’s ability to forward fund (internally borrow) infrastructure is limited. Consequently, infrastructure provision is largely contingent upon the availability of contributions funds. In some cases, enabling infrastructure is required where development cannot effectively occur without the infrastructure, such as a collector road. Pooling of funds is enabled under the provisions of s7.3(2) of the EP&A Act and clause 27(1)(i) of the EP&A Regulation, which allows borrowing between contribution accounts. This allows greater flexibility and timeliness in the way facilities can be provided. Where a proposed Planning Agreement provides for a monetary contribution by the Developer, Council may seek to include a provision permitting money paid under the agreement to be pooled with money paid under other Planning Agreements or Contributions Plans. This will be applied progressively for the different purposes under those agreements or plans. Pooling may be appropriate to allow Public Benefits to be provided in a fair and equitable way, particularly enabling infrastructure. Pooling of funds should be directed to the highest priority infrastructure, as identified in the Contributions Plan and as prioritised in the Work Schedule. This is in accordance with the Contributions Planning Policy, and provisions of the EP&A Act and EP&A Regulation. Refer to Section 9.1 of the Contributions Planning Policy for further detail on the pooling of contribution funds.
Pooling of development contributions. Section 93E of the Act allows monetary contributions received from developers as section 94 contributions, section 94A levies and under the terms of planning agreements to be pooled and applied progressively toward infrastructure. Monies received under the terms of planning agreements may be pooled by Council in this way and planning agreements entered into by Council should include a provision setting out such intention. In particular cases however, a planning agreement may specify that the monies received by way of the planning agreement are not to be pooled in which case such pooling of funds shall not take place.
