Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in those parts of the Public Benefit described as “Onsite Affordable Housing” and “EV Infrastructure” in clause 1 of Schedule 3. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to: (a) the extent to which the design of the Developer’s Works has been approved by the City; (b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document; (c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 5.1 of Schedule 3; (d) to the extent the DBP Act applies to the Developer’s Works: (i) any refinement of the Regulated Designs for the Developer’s Works required to ensure compliance with the DBP Act or DBP Regulation and to enable Design Compliance Declarations to be issued in respect of those Regulated Designs; and (ii) any refinement of the Regulated Designs for the Developer’s Works required to enable those Regulated Designs to be Construction Issued Regulated Designs and to enable Design Compliance Declarations to be made in respect of those Construction Issued Regulated Designs; (e) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and (f) the reasonable requirements of the City, including in regard to the Standards.
Appears in 4 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Scope of Developer’s Works. (a) As at the date of this document, the nature and extent of the required Developer’s Works is set out in those parts of the Public Benefit described as “Onsite Affordable Housing” Annexures D and “EV Infrastructure” in clause 1 of Schedule 3F to this document. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(ai) the extent to which the design of the Developer’s Works has been approved by the City;
(bii) conditions reasonably affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(ciii) the extent of any refinement of the design of the Developer’s Works permitted by this clause 5.1 of Schedule 3;
(div) the need to the extent the DBP Act applies to the Developer’s Works:
(i) any refinement of the Regulated Designs for the Developer’s Works required to ensure compliance with the DBP Act or DBP Regulation and to enable Design Compliance Declarations to be issued in respect of those Regulated Designs; and
(ii) any refinement of the Regulated Designs for the Developer’s Works required to enable those Regulated Designs to be Construction Issued Regulated Designs and to enable Design Compliance Declarations to be made in respect of those Construction Issued Regulated Designs;
(e) accommodate any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works;
(v) design changes necessary or desirable to accommodate the requirements of and coordination with other uses in or part of the Development Application;
(vi) detailed structural analysis;
(vii) environmental performance requirements;
(viii) a decision that the Blast Wall is not required; and
(fix) the reasonable requirements of the City, including in regard to the Standards.
(b) If further design refinement of the Developer’s Works is necessary the parties shall meet as required to agree appropriate amendments to the design of any part of the Developer’s Works.
(c) If the City requires the Developer to change the design of the Developer’s Works, it will use reasonable endeavours to ensure that any required changes do not significantly increase:
(i) the time taken to undertake the Developer’s Works; or
(ii) the costs of the Developer’s Works.
Appears in 3 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in those parts of the Public Benefit described as “Onsite Affordable Housing” and “EV Infrastructure” in clause 1 of Schedule 3Annexure A to this document. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 5.1 4.1 of Schedule 30;
(d) to the extent the DBP Act applies to the Developer’s Works:
(i) any refinement of the Regulated Designs for the Developer’s Works required to ensure compliance with the DBP Act or DBP Regulation and to enable Design Compliance Declarations to be issued in respect of those Regulated Designs; and
(ii) any refinement of the Regulated Designs for the Developer’s Works required to enable those Regulated Designs to be Construction Issued Regulated Designs and to enable Design Compliance Declarations to be made in respect of those Construction Issued Regulated Designs;
(e) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(f) the reasonable requirements of the City, including in regard to the Standards.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in those parts of the Public Benefit described as “Onsite Affordable Housing” and “EV Infrastructure” in clause 1 of Schedule 3Annexure A to this document. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 5.1 of Schedule 3;
(d) to the extent the DBP Act applies to the Developer’s Works:
(i) any refinement of the Regulated Designs for the Developer’s Works required to ensure compliance with the DBP Act or DBP Regulation and to enable Design Compliance Declarations to be issued in respect of those Regulated Designs; and
(ii) any refinement of the Regulated Designs for the Developer’s Works required to enable those Regulated Designs to be Construction Issued Regulated Designs and to enable Design Compliance Declarations to be made in respect of those Construction Issued Regulated Designs;
(e) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(f) the reasonable requirements of the City, including in regard to the Standards.
Appears in 1 contract
Samples: Planning Agreement