2020-09-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 8 SEPTEMBER 2020

         1.6   Rights and Obligations
               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
               in relation to off-street parking. The Infrastructure Contribution in lieu of off-street
               parking 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

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