2021-02-09 Planning and Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   9 FEBRUARY 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             9 FEBRUARY 2021

   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

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