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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 September 2021


Academic year: 2023

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The site was not included in Council's The Hills Corridor Strategy (2015) as the majority of land along Lexington Drive was heavily restricted by strata title developments and this land was subject to the State Government's area planning process at this time. In comparison, if Councils Commercial Centers parking rate were applied to the proposed development (with an FVR of 2.7:1), the total number of parking spaces required would be approximately 676. floor space is entirely justifiable given the proximity of the site to the Bella Vista station.

The site is located in the Norwest Innovation sub-area of ​​the Norwest Strategic Centre. Apply a higher contribution rate of 2.8% of the cost of the works to the additional development yield (7,140 m2 commercial floor space) targeted through the planning proposal. The application of the rate established under the new Section 7.12 of the Board for the District to the increase sought by the proposal is considered fair and.

Comparison of current controls, strategic framework and proposed LEP amendments. that time. The planning proposal is generally consistent with the relevant objectives of the Greater Sydney Regional Plan. The site was not included in Council's The Hills Corridor Strategy (2015) as the land along Lexington Drive was severely restricted by strata title developments and this land was subject to the State Government's district planning process at this time.

Regardless of the increased development yield on the site (0.7:1), the proposed application of the Council's existing Commercial Center rate to the land will result in an overall reduction in the number of parking spaces within the development and consequently a reduction in the likely peak hour trip generation from the development. We trust that this additional information assists the Council's consideration of the Planning Proposal at this time.

Defined meanings

Council is the consenting authority under the Environmental Planning and Assessment Act 1979 (NSW) (Act) for the proposed development. The developer has submitted the planning proposal to the municipality in relation to the land applying for the instrument change so that development applications can be submitted in relation to the land. After approval of the planning proposal, the developer proposes to submit development applications related to the land.

The developer has offered to provide development contributions in the form of monetary contributions if the instrument change takes place on the terms specified in this agreement.

Planning agreement under the Act

Application of this document

No restriction on Council’s Powers

Operation of this Agreement

Monetary Contributions

For the purposes of section 7.4 of the Act, subsection 5, this document excludes the application of §§ 7.11 and 7.12 of the Act in relation to the development application(s) for the intended development. Where the Council is not the Certifying Authority for any aspect of the proposed development, the Developer shall, on the appointment of a Private Certifying Body, provide a copy of this Agreement to the Private Certifying Body. In accordance with section 6.8 of the Act and section 146A of the Ordinance, the obligation to pay monetary contributions under this Agreement must be satisfied prior to the issuance of an occupation certificate for any development permit for the proposed development or part of the proposed development, if a such Business Certificate is required.

The Council will, at the request of the Developer, release the Land from the registration of this document if it is terminated in accordance with clause 8 or when Monetary Contributions have been received by the Council and no other monies are owed to the Council. In the event that the Developer enters into a contract for the sale of the land subject to the proposed development, the Developer (as seller) shall disclose the existence of this Agreement to the purchaser. If a party enters into this document as trustee of a trust, that party and its successors as trustee of the trust shall be liable hereunder separately and as trustees of the trust.

Development permit means any building permit granted by the Council in accordance with Section 4.16 of the Act on the intended development. Proposed development means any redevelopment of the land incorporating the outcomes sought to be facilitated by the planning proposal and instrument amendment permitting any portion of the gross floor area in excess of the 20,400m2 authorized in the existing DA. 2.8% of the estimated construction costs for any part of the gross floor area in excess of the 20,400 m2 approved in the Existing DA which is contained in the proposed.

Application of s11 and s12 of the Act



Private Certifiers


Breach Notice and Rectification

This Agreement shall terminate unless the Instrument relating to the Land is modified.

Dispute resolution

REGULAR MEETING OF THE COUNCIL SEPTEMBER 28, 2021. me. have appropriate qualifications and practical experience in the field of dispute; and .. ii. has no interest or duty that would or could conflict with his function as a mediator, and must fully disclose any such interest or duty prior to appointment; If a dispute is not finally resolved in accordance with this clause 13, either party shall have the right to initiate a dispute. Each party shall continue to perform its obligations under this Agreement while any disputes are resolved under this clause.


Registration of Agreement on Title

The obligations of the Council have been fulfilled when the Council provides the Developer with a signed Request in registrable form for the exemption from registration of this Agreement. The Developer must pay the Council's reasonable expenses, including registration fees, any stamp duty, legal fees and disbursements, for the registration of this Agreement and the subsequent removal of registration.




This document gives rights only to a person named as a party, and not to any other person. Each party shall execute each instrument and perform all acts necessary to give full effect to this instrument, either before or after the execution of this instrument. a). The provisions of this document do not merge with any action taken or document executed by any party for the purpose of executing this document.

Any representation in this document survives the execution of any document for the purposes of, and continues after the execution of, this document. The rights of a party under this document are cumulative and not exclusive of any rights provided by law. The party warrants that on the date of this document: a) all the powers and discretions granted by the deed establishing the trust can be validly exercised by the party as trustee and have not been changed or revoked and the trust is a valid and existing trust;.

If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part shall be treated as removed from this document, but the rest of this document will not be affected.

Definitions and interpretation

The Parties represent and warrant that they have the power to enter into this document and perform their obligations hereunder and that entering into this document will not result in the violation of any law. If a clause or part of a clause of this document can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must in the latter is read way. GST means any tax, charge, levy or levy implemented under the New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) or an Act of the Parliament of the Commonwealth of Australia, substantially in the form of, or having a similar effect to, the GST Act.

The Instrument Amendment means an amendment to the Hills Local Environmental Plan 2019 in relation to the land as a result of Planning Proposal Application No. 1/2019/PLP resulting in an increase in the floor area ratio from 2.0:1 to 2.7:1. Land means lot 7081 in DP 1037626 known as 21-23 Lexington Drive, Bella Vista. Cash Contributions means the cash contribution made by the Developer in accordance with Clause 6 of this Agreement and identified as payable to Council in Schedule 1 to this Agreement. In this document, unless the context otherwise requires:. a) headings of clauses and sub-clauses are for reference purposes only;.

REGULAR MEETING OF THE COUNCIL SEPTEMBER 28, 2021. e) where a word or phrase is defined, its other grammatical forms have the corresponding meaning;. f) any reference herein to a party includes its successors and permitted assigns; g) any reference to a provision of a law or regulation is a reference to that provision as of the date of this document;. h) any reference to any agreement or document includes that agreement or document as amended from time to time; i) the use of the word includes or includes shall not be construed as limiting the meaning of the words preceding it;. j) the term whenever includes reference to past, present and future time and the occasional performance of any action;. k) an agreement, representation or guarantee by two or more persons binds them jointly; l) is an agreement, representation or guarantee of two or more persons for joint and individual benefit; m) a reference to an exhibit, attachment, attachment or schedule is a reference to the corresponding exhibit, attachment, attachment or schedule in this document;. n) a reference to a provision described, prefaced or qualified by the name, title or caption of a clause, sub-clause, paragraph, list, item, appendix, exhibit or attachment in this document constitutes a cross-reference to that clause, subsection, paragraph, schedule, subject , attachment, exhibit or attachment;. o) if something has to be done or money paid under this document on a day other than a working day, the thing must be done and the money paid immediately on the next working day; and. p) a reference to a statute includes all regulations and amendments to that statute and any law passed in lieu of that statute or incorporating any of its provisions to the extent that they are incorporated.

Monetary Contributions


Related documents

I hereby give notice that an ordinary meeting of the Saxton Field Committee will be held on: Date: Time: Meeting Room: Venue: Friday 18 September 2020 10.00 am Council