Description of the Proposed Development. The Developer is seeking to subdivide the Subject Land into 122 residential lots and carry out works for the associated infrastructure (including construction of bio retention basin, on site detention facility, new road construction and ancillary works), generally in accordance with Development Application 010.2016.00000412.001 (Proposed Development). The Developer has made an offer to the Council to enter into the Planning Agreement in connection with the Proposed Development. Summary of Objectives, Nature and Effect of the Planning Agreement The Planning Agreement provides that the Developer will make monetary contributions as set out in Schedule 4 of the Planning Agreement (subject to indexation in accordance with the Planning Agreement) for the purposes of the provision of designated State public infrastructure within the meaning of clause 6.1 of Wollondilly Local Environmental Plan 2011 (LEP). The monetary contribution will be payable prior to the issue of the relevant Subdivision Certificate in accordance with Schedule 4 to the Planning Agreement. The Developer is required to provide a bank guarantee. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards the provision of infrastructure, facilities and services referred to in clause 6.1 of the LEP.
Description of the Proposed Development. The Proposed Development is described as subdivision of land into 635 residential allotments, residue lots, community association lot, public roads, associated utility provisions and landscaping and associated works and infrastructure at Bingara Gorge, Wilton, NSW 2571. Summary of objectives, nature and effect of Bingara Gorge No 2 VPA The objective of the Bingara Gorge No 2 VPA is to facilitate the delivery of appropriate contributions by Lendlease and to make provision for Council infrastructure to meet certain demands created by the Proposed Development of an additional 635 residential dwelling allotments. Assessment of the merits of Bingara Gorge No 2 VPA The public purpose of the Bingara Gorge No 2 VPA In accordance with section 7.4(2) of the Act, the Bingara Gorge No 2 VPA has the following public purpose: • the provision of (or the recoupment of the cost of providing) public amenities or public services. The Council and Lendlease have assessed the Bingara Gorge No 2 VPA and both hold the view that the provisions of the Bingara Gorge No 2 VPA provide a reasonable means of achieving the public purpose set out above. This is because it will ensure that Lendlease makes appropriate contributions towards the provision of Council and community infrastructure and services. How the Bingara No 2 VPA promotes the public interest The Bingara Gorge No 2 VPA promotes the public interest by ensuring that an appropriate contribution is made towards the provision of Council and community infrastructure and services to satisfy needs that arise from the development of the Land. How the Bingara Gorge No 2 VPA promotes the objects of the Act The Bingara Gorge No 2 VPA promotes the objects of the Act by encouraging: • the promotion and co-ordination of the orderly and economic use and development of land; and • the provision of land for public purposes. The Bingara Gorge No 2 VPA promotes the objects of the Act set out above by requiring Lendlease to make a contribution towards the provision of Council and community infrastructure and services. This purpose represents an important public benefit, and Lendlease’s offer to contribute towards this purpose will provide an important positive impact on the public who use the infrastructure and services to which these purposes relate. Requirements relating to construction certificates, occupation certificates and subdivision certificates The Bingara Gorge No 2 VPA does not specify requirements that must be complied with prior t...
Description of the Proposed Development. The Developer is seeking to subdivide the Subject Land into 127 residential lots generally in accordance with Development Application DA 1176/2017, which has been lodged with Cessnock City Council (Proposed Development). The Developer has made an offer to the Minister to enter into the Planning Agreement in connection with the Proposed Development. Summary of Objectives, Nature and Effect of the Planning Agreement The Planning Agreement provides that the Developer will make a monetary contribution of $97,203.00 per hectare of net developable area (subject to indexation in accordance with the Planning Agreement) for the purposes of the provision of designated State public infrastructure within the meaning of clause 6.1 of the Wyong Local Environmental Plan 2013 (LEP). The monetary contribution will be payable prior to a subdivision certificate being issued in respect of the Subject Land. The requirement for the timing of the payment is set out in Schedule 4 to the Planning Agreement. The Developer is required to provide a Bank Guarantee and register the Planning Agreement on the title to the Subject Land in accordance with section 7.6 of the Act. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards the provision of infrastructure, facilities and services referred to in clause 6.1 of the LEP. No relevant capital works program by the Minister is associated with the Planning Agreement. Assessment of Merits of Planning Agreement The Planning Purpose of the Planning Agreement In accordance with section 7.3 (2) of the Act, the Planning Agreement has the following public purpose: • the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land. The Minister and the Developer have assessed the Planning Agreement and both hold the view that the provisions of the Planning Agreement provide a reasonable means of achieving the public purpose set out above. This is because it will ensure that the Developer makes appropriate contributions towards the provision of infrastructure, facilities and services referred to in clause 6.1 of the LEP. How the Planning Agreement Promotes the Public Interest The Planning Agreement promotes the public interest by ensuring that an appropriate contribution is made towards the provision of infrastructure, facilities and services to satisfy needs that arise from development of the Subject Land. How the Planning Agreement Promotes the...
Description of the Proposed Development. The Applicant is seeking to redevelop the Land with residential dwellings pursuant to its Proposed Development Application. The Planning Proposal seeks to rezone the Land zoned SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential under Parramatta Local Environmental Plan 2023. It is noted that the portion of Land currently zoned SP2 Infrastructure (Classified Road) is to be retained. The portion of land identified within the Land that is proposed to be acquired, as per the Land Reservation Acquisition map, will be subject to a separate process. The Planning Agreement does not permit the Proposed Development to be carried out and the Applicant will be required to seek and obtain the necessary development consent/s under the Act to do so.
Description of the Proposed Development. The Developer is seeking to subdivide the Subject Land into approximately four (4) residential lots generally in accordance with Development Application DA15/1535 which has been lodged with Maitland City Council (Proposed Development). The Developer has made an offer to the Minister to enter into the Planning Agreement in connection with the Proposed Development. Summary of Objectives, Nature and Effect of the Planning Agreement The Planning Agreement provides that the Developer will make a monetary contribution of $86,603 per hectare of net developable area (subject to indexation in accordance with the Planning Agreement) for the purposes of the provision of designated State public infrastructure within the meaning of clause 6.1 of the Maitland Local Environmental Plan 2011 (LEP). The monetary contribution will be payable on execution of the Planning Agreement in accordance with clause 4 of the Planning Agreement. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards the provision of designated State public infrastructure, facilities and services referred to in clause 6.1 of the LEP. No relevant capital works program by the Minister is associated with the Planning Agreement.
Description of the Proposed Development. As part of a larger multi-family development, the property developer has constructed two multi-family buildings partly on lands that are zoned “PR1” Parks and Recreation District. • As per DASZ 33/07 the subject lands (Parcel B) were rezoned to “PR1” Parks and Recreation District to accommodate a privately owned, but publicly accessible community park. The City did own park lands in the development area known as the Xxxx Tot Lot, which were declared surplus to the City’s needs and sold to the developer with the expectation that the developer would install a community park in a more strategic location (Parcel B). • To accommodate the buildings as they have been constructed, the property developer has applied to rezone the subject lands to an “RMF-S” Residential Multi-Family Zoning District under the concurrent application DAZ 233/13. Under the current zoning of the subject site (“PR1”) residential development is not a permitted use. • The applicable clauses of the Zoning Agreement for DASZ 33/07 relate specifically to the development of the subject lands as a community park, hence the “PRI” zoning designation. The subject lands have a specific geography and shape, comprising 20, 400 sq ft of land area (~ 82ft X 240 ft). • As per the conditions of the zoning agreement it is noted that plans for the development of the community park were submitted to and subsequently approved by the Public Service on Aug. 12, 2012. The approved plans are consistent with the size and dimensions of the subject lands (Parcel B) as approved through DASZ 33/07 and By- Law No. 34/2008. • Despite the “PR1” zoning of the subject lands and the approved site plan for a community park, two buildings have been erected in such a manner that the each project into the subject lands (community park) by approximately 45 feet. • The introduction of the buildings on the lands intended for the community park space mean that the community park cannot be built as approved. As a result, the zoning agreement clauses that make up the subject of this application do not relate to what has been constructed on the land and are for all intents and purposes are meaningless should the buildings remain. • The result of all this is that the city will be out a park, and the developer will be out $100.000. RECOMMENDATION The Urban Planning Division recommends the application be approved because: • The subject clauses as they remain have little function as they pertain to the lands being developed as a park. • T...
Description of the Proposed Development. The Developer is seeking approval for subdivision of the Subject Land into approximately 22 residential lots, generally in accordance with Development Application 2016/267 which has been lodged with Wollondilly Shire Council (the Proposed Development). The Developer has also made an offer to the Minister to enter into the Planning Agreement in connection with the Proposed Development. Summary of Objectives, Nature and Effect of the Planning Agreement The Planning Agreement provides that the Developer will make a monetary contribution of $9,264 for each lot created (subject to indexation in accordance with the Planning Agreement) for the purposes of the provision of designated State public infrastructure within the meaning of clause 6.1 of the Wollondilly Local Environmental Plan 2011 (the LEP). It is noted that there are currently two existing residential dwellings located on the Subject Land. In recognition of these dwellings, the Planning Agreement provides that the Developer will not be required to pay for two of the proposed residential allotments. The monetary contribution will be payable prior to the issue of the subdivision certificate creating the relevant allotment. The requirement for the timing of the payment is set out in Schedule 4 to the Planning Agreement. The Developer is required to provide a Bank Guarantee and register the Planning Agreement on the title to the Subject Land in accordance with section 93H of the Act. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards the provision of infrastructure, facilities and services referred to in clause 6.1 of the LEP. No relevant capital works program by the Minister is associated with this agreement.
Description of the Proposed Development. A service station as approved by development consent DA2016/0206. Summary of objectives, nature and effect of the Agreement [clause 25E(a)] Objectives: To ensure that the Development will contribute in an equitable manner to the upgrading of road and traffic infrastructure required to service the increase in traffic generation from the Development. Nature: The Developer is required to make a monetary contribution to the cost of upgrading the intersection of Yamba Road and Treelands Drive and dedicate land for the intersection as required as part of the intersection design. Effect: The Developer will have contributed a monetary amount equivalent to 8% of the total cost of upgrading the intersection of Yamba Road and Treelands Drive, whether that upgrade be a roundabout or signalised intersection, and may have dedicated land for the intersection. Assessment of the merits of the Agreement [clause 25E(b)] Assessment of the merits: The Agreement is entered into to facilitate a contribution towards the design and construction cost of upgrading the intersection of Yamba Road and Treelands Drive, whether that upgrade be a roundabout or signalised intersection, and may have dedicated land for the intersection. How the Agreement promotes the 'Public Interest' and one or more of the objects of the Act: The Planning Agreement promotes the public interest by providing certainty on the available funding for the future intersection upgrading of Treelands Drive and Yamba Road, Yamba. The Planning Agreement promotes the following objects of the Act: o to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources, o to promote the orderly and economic use and development of land, o to promote good design and amenity of the built environment. How the Agreement promotes elements of the Council's Charter under section 8 of the Local Government Xxx 0000 (NSW): The Agreement is consistent with the Charter by promoting sustainable development. The planning purposes served by the Agreement, and how the purpose or purposes are reasonably achieved: In accordance with Section 7.4(2) of the Act, the Planning Agreement has the following public purpose: o Assisting with the provision of transport or other infrastructure relating to land. The Council and Developer/Landowner have assessed the Planning Agreement and both hold the view that the provisions of...
Description of the Proposed Development. The Developer is seeking approval to carry out the Dubbo Zirconia Project, which is a proposed open cut rare earths mine and associated facilities capable of producing up to one million tonnes of ore and 75,000 tonne of output a year for a period of 20 years. The project will produce a range of rare metal and rare earth products including zirconium, niobium and yttrium. These metals are used for catalysts, ceramics, electronic, refractory glass, special alloys, magnets and other high tech applications. In September 2013, the Developer lodged a State Significant development application (SSD 5251) for approval under Part 4 of the Act relating to the carrying out of the Dubbo Zirconia Project.
Description of the Proposed Development. The Developer is seeking to demolish existing buildings and subdivide the Subject Land into approximately two hundred and twenty-eight (228) residential lots and four (4) open space lots (and associated roads and other infrastructure) generally in accordance with Development Application SF10804 which has been lodged with Shoalhaven City Council (Proposed Development). The Developer has made an offer to the Minister to enter into the Planning Agreement in connection with the Proposed Development. Summary of Objectives, Nature and Effect of the Planning Agreement The Planning Agreement provides that the Developer will make a monetary contribution of $60,195 per hectare of net developable area (subject to indexation in accordance with the Planning Agreement) (Development Contributions) for the purposes of the provision of designated State public infrastructure within the meaning of clause 6.1 of Shoalhaven Local Environmental Plan 2014 (LEP). An instalment of the monetary contribution will be payable prior to the issue of each relevant Subdivision Certificate in accordance with Schedule 4 to the Planning Agreement. The Developer is required to provide a bank guarantee in accordance with Schedule 5 to the Planning Agreement. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards the provision of designated State public infrastructure, facilities and services referred to in clause 6.1 of the LEP. No relevant capital works program by the Minister is associated with the Planning Agreement.
