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 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:
Summary of Objectives, Nature and Effect of the Planning Agreement. The Planning Agreement provides that the Developer will carry out related works to public infrastructure in accordance with a Traffic Management Plan which is annexed at schedule 4 of the draft Planning Agreement, with such works to be capped at $74,500.00 incl GST, subject to Consumer Price Index adjustment as stipulated in the Planning Agreement. The Developer is required to undertake such works before the Principal Certifying Authority can issue an interim occupation certificate for the Development under the Environmental Planning and Assessment Xxx 0000. The objective of the Planning Agreement is to facilitate the undertaking by the Developer of the works recommended in the Traffic Management Plan, or otherwise as agreed between Council and the Developer but still relating to the improvement of traffic and pedestrian management associated with the Subject Land.
Summary of Objectives, Nature and Effect of the Planning Agreement. The objective of the Planning Agreement is to record the negotiated terms based on an original Offer dated 22 October 2019 made to Council by the Developer and their obligation to provide public benefits in connection with the display of the advertisements in accordance with clause 3.11 of the State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3 Advertising and Signage and the Depart of Planning and Environment 'Transport Corridor Outdoor Advertising and Signage Guidelines'. The Planning Agreement objective is to provide a public benefit outcome utilised from annual monetary contributions paid to Council from the Developer. The Planning Agreement provides that the Developer is to make monetary contributions to Council calculated by reference to the digital display area (40.8 sqm) used for the display of advertisements as per the following: • a base reference rate of $555 per square metre (sqm) in relation to DA-10(244) contributions in arrears under the Prior Signage Agreement for the period from and including 13 February 2019 up to and including 26 April 2021: $555 x 40.8sqm = $22,644 increased in accordance with the Consumer Price Index (CPI) All Groups – Sydney on each 27 April anniversary: 13 February 2019 - 12 February 2020 = $23,379.95 13 February 2020 - 12 February 2021 = $23,264.78 13 February 2021 - 26 April 2021 = $4,723.63 Prior Signage Agreement Total Monetary Contribution Amount: = $51,368.36 (GST Exempt) Payable upon execution of the Planning Agreement • a base reference rate of $700 per square metre (sqm) in relation to the Current Development Application contributions DA-2019/403 and DA-2019/403/A: $700/m² x 40.8sqm = $28,560:
Summary of Objectives, Nature and Effect of the Planning Agreement. [Clause 25E(1)(a) of the EP&A Regulation 2000] The intent of the Planning Agreement is to ensure that public benefits are provided in the form of provision, augmentation or improvement of open space, community facilities or other public facilities as proposed by the development application and determined by Council. The Planning Agreement is proposed to require the Owner/Developer to provide a monetary contribution for an amount of $432,960 being $432,960 for Council to provide 10 car public parking spaces, payable after development consent is granted and before issue of a Construction Certificate or deletion of the car parking spaces, as a public benefit.
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. The Planning Agreement further requires the Landowners to retire biodiversity credits for several ecosystems and species over the course of the Development. A number of credits are to be retired prior to the issue of a subdivision certificate for Stage 1 of the Development and further credits must be retired prior to commencement of construction of Stage 8 of the Development. The Conservation Land is to be dedicated to Council before the issue of a subdivision certificate for Stage 1 of the Development and before the clearing of vegetation in any later stage of the Development (except for some permitted works for drainage and infrastructure). Assessment of the Merits of the Planning Agreement In accordance with section 1.3 of the Act, the Planning Agreement promotes the objects of the Act and specifically achieves the objectives stated in section 1.3 because it facilitates the protection of the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats (s 1.3(e)). The Planning Agreement will promote the public interest by requiring implementation of conservation measures to offset the ecological impacts of the Development, providing secure long-term protection of ecosystems and habitat. In accordance with section 7.4(2) of the Act, the Planning Agreement will require contributions towards public purposes, including the conservation or enhancement of the natural environment. The Planning Agreement provides a reasonable means for achieving the abovementioned public purposes on the basis that the Planning Agreement: • stipulates the timing for the contributions; and • restricts the progression of the development unless the obligations are met. Under the Planning Agreement, subdivision certificates must not be issued unless the obligations due in connection with that subdivision certificate have been met. The Developer and the Landowners will be required to retire biodiversity credits, which must be created from the protection of the Conservation Land or other similar habitat. The Planning Agreement will have a positive impact on residents and community and future ge...
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:
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 Assessment of the Merits of 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. [Section 25E(1)(a) of the EP&A Regulation 2000] The offer made by the Proprietor and Developer as set out in the Planning Agreement is based on the parking provision of Burwood Council’s Development Control Plan and is consistent with that provision. The intent of the Planning Agreement is to ensure that the parking needs of the incoming population into the Burwood local government area are met. Council’s Fees and Charges Schedule identifies the monetary contributions in lieu of on-site parking as being $52,010.00 (no GST) per parking space. As such, the monetary contributions to be provided by the Proprietor and Developer under the Planning Agreement is an amount of $260,050.00 (being a contribution for 5 spaces) payable on the date of execution of the agreement and before issue of any Construction Certificate.
