2021-08-10 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   10 AUGUST 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   10 AUGUST 2021

              Where rights or obligations are in respect to any contributions or works those rights
              shall be rights in favour of Council and those obligations shall be obligations to
              Council.

        2     INFRASTRUCTURE DEED
        2.1.  Application of Act
              This Deed constitutes an infrastructure agreement under the Act.
        2.2.  Warranty of Ownership
              The owner warrants that, at the time of signing this agreement, it is the owner
              of the land.
        2.3   Deed to bind successors in title
              The owner consents to the obligations of the applicant under this Deed being
              attached to the Subject Site and binding on the owner and the owner's successors
              in title in accordance with Section 155 (When infrastructure agreements bind
              successors in title) of the Act.
        2.4   Deed conditional upon approval of Development Application
              This Deed is conditional upon the development permit taking effect..

        3     INFRASTRUCTURE CONTRIBUTION
        3.1   Infrastructure Agreement overrides Development Permit
              This Deed applies to the extent of any inconsistency with the development permit
              and the Infrastructure Contribution payable hereunder is in addition to any
              conditions of, or payments required by, the development permit and/or any
              infrastructure charges notice given in respect of the development.
        3.2   Contribution in lieu of off-street parking
              The applicant must pay the Council the greater of:
              (a)  the amount identified in Schedule 2 of this Deed; or
              (b)  the amount calculated in accordance with the formula in Clause 3.3.
        3.3.  Indexed Infrastructure Contribution in lieu of off-street parking
              The Infrastructure Contribution in lieu of off-street parking payable, identified in
              Schedule 2, shall be indexed annually for a financial year in accordance with the
              following formula:-
              A=BxC
                   D
              Where A= the Indexed Infrastructure Contribution amount at the time the
                          payment is made

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