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2020-01-13 General Committee Agenda
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 53 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 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
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
Where B= the Additional Networks Infrastructure Contribution identified in J
Schedule 2.
J
Page 6 of 12
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