Common use of GUIDING Clause in Contracts

GUIDING. The Council’s use of planning agreements will be governed by the following guiding principles:  Development consent cannot be refused because a planning agreement has not been entered into or the proponent has not offered to enter into one;  A condition of development consent can only require a planning agreement to be entered into by a proponent strictly in accordance with an offer made by the proponent;  Planning agreements will not be used to ▇▇▇▇▇▇ the development assessment process;  Planning agreements will not improperly ▇▇▇▇▇▇ the exercise of discretion and the functions of Council under the Act, Regulation or any other Act or law;  Council will use planning agreements only for a proper planning purpose and a purpose which stands the tests of fairness, reasonableness and equity;  The interests of individuals or interest groups will not outweigh the public interest when considering, negotiating and finalising a planning agreement;  Council will not use its statutory position to gain unreasonable public benefits from proponents when considering, negotiating, finalising, executing and implementing planning agreements;  Council will take appropriate steps to ensure that it avoids any conflict of interest between its role as a planning authority when it has a commercial interest in the outcomes of a planning agreement;  Council will ensure that planning agreements are based upon sound, reasonable and accountable financial management;  Council will ensure that all processes and content of a planning agreement are transparent and soundly based upon probity;  Negotiation of a planning agreement is to be entered into in good faith by all parties; and  The planning agreement reflects the priorities of the community as identified in Council’s Community Strategic Plan.