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

                                                -4-

    4.2  Infrastructure Contribution

         The Applicant must pay the Infrastructure Contribution in accordance with the requirements of
         the Special Conditions.
         The Infrastructure Contribution 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

         Where B= the Infrastructure Contribution identified in Schedule 2.

         Where C=    the Index Number for the March quarter immediately preceding the financial year
                      in which the Infrastructure Contribution is being paid; and

         Where D= the Index Number for the March quarter immediately preceding the financial year
                      upon which the Infrastructure Contribution is issued as stated in Schedule 2.

   5.    DEFAULT BY OWNER OR APPLICANT
    5.1  Rights of the Council on default
         If the Applicant fails to duly perform and fulfil its obligations under clause 4 the Council may
         recover from the Applicant or the Owner of the Subject Property the whole or any amount of
         the Infrastructure Contribution not paid and its costs of recovery.
    5.2  Application of money
         The Council may apply any sum recovered or received by it pursuant to clause 5.1 as far as the
         sum may extend to or towards all or any one or more of the following:
         (a)   reduction or discharge of the amount payable by the applicant or owner under this Deed;
               and

         (b)   reimbursing itself for the cost of works done and/ or for any damages or costs suffered
               by it as a consequence of such non-payment.
   6.    RECONFIGURATION OF THE SUBJECT SITE
    6.1  Reconfiguring and compliance
         If the Subject Site is reconfigured under the provisions of the Act and the obligations under this
         Deed have been satisfied, then this Deed no longer remains attached to the reconfigured lots
         and the owner’s successors in title are not bound by this deed.

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