Summary of Objectives, Nature and Effect of the Planning Agreement Clause Samples

Summary of Objectives, Nature and Effect of the Planning Agreement. The objective of the Planning Agreement is to ensure the provision of public roads, parks, , community land, open space, shared pathways, stormwater drainage, public art and community facilities to meet the needs of the local community. In order to secure the obligations of the Developer under the Planning Agreement, the terms of the Planning Agreement require the provision of security in the form of a Treasury Guarantee, Bonds, the registration of the Planning Agreement on the title of the Land and restriction on issuing of Part 4A certificates. The Planning Agreement also allows the Council to acquire the Contribution Land in the event the Developer fails to dedicate it. The public benefits to be provided under the Planning Agreement are summarised as follows:

Summary of Objectives, Nature and Effect of the Planning Agreement. The Planning Agreement requires a monetary contribution in the amount of $3,287,975.00 to Council as a contribution towards any of the following public purposes within the St Leonards / Crows Nest precinct west of ▇▇▇▇▇▇▇▇▇▇ Road: public domain improvements, open space, local services and / or infrastructure, as determined by the General Manager of Council from time to time. The Council will, in accordance with the Environmental Planning and Assessment ▇▇▇ ▇▇▇▇, apply the Monetary Contribution for any of those purposes. By requiring contributions towards public infrastructure and services, including public open space, the draft Planning Agreement promotes the following objectives of the Environmental Planning and Assessment ▇▇▇ ▇▇▇▇:

Summary of Objectives, Nature and Effect of the Planning Agreement. The Land Owner has made an unconditional offer to the Minister to enter into the Planning Agreement with the Minister in connection with the EPI Change and the Development. The objective of the Planning Agreement is to facilitate delivery of the Land Owner’s contribution to an Affordable Housing Provider for Affordable Housing purposes. To achieve these objectives, the Planning Agreement requires the Land Owner to provide the Transfer Contribution (as identified in Schedule 4 of the Planning Agreement). The Transfer Contribution requires the entry into Sale of Land Contracts for the transfer of seven Affordable Housing Lots to an Affordable Housing Provider. The particulars of the Affordable Housing Lots are outlined in more detail in the Planning Agreement. The Planning Agreement, and the requirements in it for the Land Owner to provide the Contribution, does not exclude the application of sections 94 and 94A of the Act except that the Affordable Housing Lots are to be disregarded when calculating any payment required under those sections and any payment under those section is limited to a maximum of $20,000 per lot. The Land Owner is required to register the Planning Agreement on the title to the Land.

Summary of Objectives, Nature and Effect of the Planning Agreement. [Section 25E(1)(a) of the EP&A Regulation] The intent of the Planning Agreement is: to terminate and revoke the Previous Planning Agreement; to give effect to the terms offered in the letter from the Developer to Council dated 31 March 2020; to ensure that the above conditions to the Development Consent are appropriately fulfilled so that the Development Consent may become operational; to make provision for monetary contributions in lieu of payment of any development contributions that would otherwise have been payable under a development consent; to make provision for an easement in gross and public positive covenant (for 25 years) of car parking spaces available to the public, with 2 hours free parking, to be constructed on the Subject Land by the Owner to the Council, which will be used to generate income from public parking payable to the Council for the 25 year term; to make provision for a lease (at a nominal rental amount over 25 years) of a 200m2 commercial space to be constructed on the Subject Land by the Owner to the Council, and to enable the developer to make a cash contribution towards the anticipated fitout costs for that future commercial space within the development; to make provision for the use of part of the Subject Land by the Council for events at no charge subject to a management agreement to be prepared at a later date; and to make provision for various works for local infrastructure to be carried out by the Developer at the Developer’s cost including in relation to footpath widening to Victoria Road and Waterloo Street frontages, construction of a pedestrian link, and provision of bicycle parking, car share and taxi pick-up/drop-off facilities.

Summary of Objectives, Nature and Effect of the Planning Agreement. The objective of the Planning Agreement is to ensure public access along the coastal area adjacent to North Diamond Beach. This will be achieved by dedication of part of the E2 – Environmental Conservation land by the Developer to Council and payment of monetary contributions to enable construction of appropriate infrastructure. Council will then manage this land as E2 - Environmental Conservation under the Greater Taree LEP in the future. A plan showing the land to be dedicated by the Developer, as well as the proposed rezoning of the Site, is below: Under the Planning Agreement Council will be required to prepare a strategy with the aim to provide a public link along the coastline of North Diamond Beach. This will include the land adjacent to the Site. Council must exhibit the strategy for public comment and adopt the strategy within three years of the signing of the Planning Agreement. Within one year of adoption of the strategy by Council, the Developer will: (i) Dedicate to Council (at no cost) a 5 metre strip of land on the eastern boundary of the Site (Public Land) for the purpose of public access; and (ii) Pay a monetary contribution to Council in the amount of $47,250 for the construction of a 3 metre wide concrete path along the Public Land to a satisfactory standard as determined by Council; (iii) Pay a monetary contribution to Council in the amount of $11,450 for the construction of fencing and signage to control access to the coastal area. The Developer will also be responsible for constructing a bollard and cable fence along the boundary of the Site and the Public Land so as to preserve the amenity of the area.

Summary of Objectives, Nature and Effect of the Planning Agreement. The planning agreement provides for the design, construction, landscaping and dedication to the Council of the roadworks identified dedication to the Council free of cost of the Internal Road as shown on the Site Detail Plan. The planning agreement also provides for the payment of monetary contributions towards the cost of the upgrading of Old Wallgrove Road and Archbold Road and certain stormwater drainage works. 4.1 The Planning Purposes Served by the Planning Agreement

Summary of Objectives, Nature and Effect of the Planning Agreement. The Planning Agreement requires the following works in kind:

Summary of Objectives, Nature and Effect of the Planning Agreement. The objective of the Planning Agreement is to create public access along the coastal area adjacent to North Diamond Beach and to protect the environmentally sensitive habitat on the Site. This will be achieved in two ways: (i) The Developer will dedicate land to Council for the purpose of a public pathway and pay a monetary contribution to Council for construction of associated infrastructure. (ii) The Developer will prepare and implement a vegetation management plan for the environmentally sensitive habitat on the south western corner of the Site. A plan showing the proposed rezoning of the Site, the land to be dedicated to Council for the pathway and the land subject of the vegetation management plan is below: Under the Planning Agreement Council is required to prepare a strategy with the aim to provide a public link along the coastline of North Diamond Beach. This will include the land adjacent to the Site. Council must exhibit the strategy for public comment and adopt the strategy by 11 October 2020. Within one year of adoption of the strategy by Council, the Developer will: (i) Dedicate to Council (at no cost) a 5 metre strip of land on the eastern boundary of the Site (Public Land) for the purpose of public access; and (ii) Pay a monetary contribution to Council in the amount of $72,900 for the construction of a 3 metre wide concrete path along the Public Land to a satisfactory standard as determined by Council; (iii) Pay a monetary contribution to Council in the amount of $15,100 for the construction of fencing and signage to control access to the coastal area. Both monetary contributions are subject to CPI adjustment. The Developer will also be responsible for constructing a bollard and cable fence along the boundary of the Site and the Public Land so as to preserve the amenity of the area.

Summary of Objectives, Nature and Effect of the Planning Agreement. The Planning Agreement requires the Developer and the Landowners to register a biodiversity stewardship agreement under the Biodiversity Conservation Act 2016 over part of the land shown in Annexure B in the agreement (Conservation Land) before the issue of a subdivision certificate for Stage 1 of the Development.