03 December, 2016

Congratulations Glen Alice Community Assn Inc.

Glen Alice Community Assn Inc.

New Committee:

President - Neil Franklin - contact - email:  neil-franklin@bigpond.com 

Vice President - Terrie Wallace

Secretary - Lissanne Spackman

Treasurer - Julie Gibson

Committee Members
Laraine Simpson, Sandy Mollison & Kerrie Cooke.


Congratulations to the new office holders.


3 December 2016

02 December, 2016

Airly Mine Community Consultative Committee have new Guidelines/CVA representatives Donna Upton and Alex Mateer

Capertee Valley Alliance Inc. submission points (some) have been answered.

Stronger community voice on major projects
  • Date: 15.11.2016
  • Type: Ministerial Media Release
  • Author: The Hon. Rob Stokes MP, Minister for Planning
Communities will have a greater say on major projects through strengthened and more independent advisory committees.

Community Consultative Committees provide a forum for communities and proponents to discuss and resolve issues on new and existing state significant projects.

Changes under new guidelines include that:
  • independent committee chairs will be appointed by the Department of Planning and Environment, without recommendations from project proponents
  • the maximum number of community members will be increased from five to seven
  • committees can be established for any state significant  project, such as mines, wind farms and infrastructure
  • independent chairpersons will be required to prepare an annual report on the CCC’s activities, to be published on the Department’s website
  • committees can be established at any stage during the assessment process to give local communities a greater say on the design of major projects.
Planning Minister Rob Stokes said the changes will improve the community’s ability to engage with major projects.

“We must ensure the public has confidence in our planning system. Thorough public consultation and independent decisions are integral to instilling confidence,” Mr Stokes said.

“These reforms will make our planning system more responsive to the community’s views.”

Public exhibition of the guideline changes ran for two months, from 18 February to 30 April 2016, and attracted more than 100 public submissions.

The revised guidelines are now published on the Department’s website for public view and will take immediate effect. For more information please visit www.planning.nsw.gov.au/CommunityConsultativeCommittees.




28 November, 2016

SUBDIVISION

 21 November 2016 AGENDA – ORDINARY MEETING OF COUNCIL

ITEM-6 ENVIRO –21/11/16 - DA228-14 - DRAFT PLANNING AGREEMENT - PROPOSED SUBDIVISION 5 LOTS INTO 26, “EURELLA” 602 UPPER NILE ROAD GLEN ALICE NSW 2849

REPORT BY:  J NICHOLS – ACTING GROUP MANAGER ENVIRONMENT AND DEVELOPMENT


SUMMARY
To advise and seek endorsement of a Draft Planning Agreement for a proposed subdivision of 5 lots into 26 lots at “Eurella” 602 Upper Nile Road, Glen Alice.

COMMENTARY
A Voluntary Planning Agreement (VPA) has been negotiated with the developer in relation to a 26 lot subdivision proposal. The developer has agreed to make a contribution of $85,800 ($3,300 per lot) for the proposed 26 lots to go towards upgrading of Upper Nile Road and Glen Alice Road.

Council’s Engineers have assessed the roads immediately surrounding the proposed subdivision and consider that the contribution is suitable for Upper Nile Road and Glen Alice Road.

The agreement must be endorsed by Council.  Once Council has endorsed the Draft Planning Agreement, the required public notification process may proceed.

POLICY IMPLICATIONS
Policy 7.10 – Planning Agreements applies. The Policy provides that a draft VPA is to be reported to Council for approval to be placed on public exhibition and also for final endorsement following exhibition.

FINANCIAL IMPLICATIONS
A Voluntary Planning Agreement (VPA) has been negotiated with the developer in relation to the subdivision proposal. The developer has agreed to make a contribution of $85,800 ($3,300 per lot) for the proposed 26 lots to go towards the upgrade of Upper Nile Road and Glen Alice Road.

LEGAL IMPLICATIONS
The legislative basis for the Planning Agreement is incorporated in the Environmental Planning and Assessment Act 1979 (Sections 93F – 93L) and the Environmental Planning and Assessment Regulations (Clauses 25B – 25H). Section 935 of the Environmental Planning and Assessment Act provides that public notice must be given of a proposed Planning Agreement for at least 28 days before it can be entered into.

ATTACHMENTS
1. Draft Planning Agreement


RECOMMENDATION
THAT
1. Council endorse the Draft Voluntary Planning Agreement proposed by Lyn and Bruce Richardson for a contribution of $85,800 ($3,300 per lot) to go toward the upgrade of Upper Nile Road and Glen Alcie Road.
2. The Voluntary Planning Agreement be placed on public exhibition for a period of 28 days.

Explanatory Note- DA 228/14


Objectives of the Planning Agreement

To provide a material benefit to be used for or applied towards a public purpose. 

Nature of the Planning Agreement


The developer shall pay an amount of $85,800 ($3,300 per lot) for the upgrade of Upper Nile Road and Glen Alice Road. The payment is to be paid in 3 stages; that being:
Stage 1: Lots 1 to 6,
Stage 2: Lots 13 to 26, Stage 3: Lots 7 to 12.

Effect of the Planning Agreement


The effect of the Planning Agreement will be to allow for the provision of the upgrade of Upper Nile Road and Glen Alice Road. 

Merits of the Planning Agreement


        The proposed development is for a subdivision of 5 lots into 26 lots. The development will therefore result in an increase in the usage of Upper Nile Road and Glen Alice Road. 

        In the assessment of the merits of the development, Council must consider the social impacts of the proposal on the immediate locality and on the wider community, and ensure through whichever means are available for the safety of road users.

        The provision of the upgrade of Upper Nile Road and Glen Alice Road is the main outcome derived from the development and operation of this Planning Agreement.

Promotion of Council’s Charter


Council has a vision for the Lithgow area to be recognised as a desirable place to live and visit and a viable place in which to invest. The provision of the upgrade of Upper Nile Road and Glen Alice Road will assist in promoting this vision. 

Planning Purpose 


The Planning purpose of the Planning Agreement is:

        In compliance with the Environmental and Planning Assessment Act and Regulations.

        In compliance with Lithgow Councils Section 94A Contribution Plan 2015. 

        In compliance with the public interest of the development, being to provide road upgrade works which would benefit the public. 

        To enhance the positive social impact of the development on the locality.


Capital Works Program


Once funds from the Planning Agreement have been collected Council begins planning for their expenditure through incorporation into the capital works program.




 
As agreed this day:……………………………………………………………………………………………

Lyn and Bruce Richardson (Developers):………………………………………………………………

Lithgow City Council:……………………………………………………………………………………………
















Between LITHGOW CITY COUNCIL AND LYN AND BRUCE RICHARDSON
PLANNING AGREEMENT

Parties

Lithgow City Council of 180 Mort Street Lithgow, New South Wales, 2790 (Council
and                    
Lyn and Bruce Richardson; “Eurella” 620 Upper Nile Road, Glen Alice NSW 2849 (Developer).

Background

(For Development Applications)
A.
On, 1 October 2014, the Developer made a Development Application to the Council for Development Consent for a subdivision of 5 lots into 26 lots. 
B.
That Development Application was accompanied by an offer by the Developer to enter into this
Agreement to make Development Contributions towards the upgrade of Upper Nile Road and Glen Alice Road if that Development consent was granted.

Operative provisions

1           Planning agreement under the Act
The Parties agree that this Agreement is a planning agreement governed by Subdivision 2 of Division 6 of Part 4 of the Act.
2
Application of this Agreement 
This application applies to Lot 5 DP 136719, Lots 3, 4, 11 and 12 DP 755796, “Eurella” 602 Upper Nile Road, Glen Alice NSW 2849, for a subdivision of 5 lots into 26 lots. 
3
Operation of this Agreement
This Agreement takes effect on the date of execution. All contributions must be paid prior to the release of the subdivision certificate for each stage of the development.





4
Definitions and interpretation

4.1
In this Agreement the following definitions apply:

Act means the Environmental Planning and Assessment Act 1979 (NSW).
Dealing, in relation to the Land, means, without limitation, selling, transferring, assigning, mortgaging, charging, encumbering or otherwise dealing with the Land.
Development means that associated with DA228/14 for a subdivision of 5
lots into 26 lots.  
Development Application has the same meaning as in the Act.
Development Consent has the same meaning as in the Act.
Development Contribution means a monetary contribution, the dedication of land free of cost or the provision of a material public benefit.
GST has the same meaning as in the GST Law.
GST Law has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other Act or regulation relating to the imposition or administration of the GST. 
Land means Lot 5 DP 136719, Lots 3, 4, 11 and 12 DP 755796 “Eurella” 602 Upper Nile Road, Glen Alice NSW 2849.
Party means a party to this agreement, including their successors and assigns.
Regulation means the Environmental Planning and Assessment Regulation 2000.
4.2
In the interpretation of this Agreement, the following provisions apply unless the context otherwise requires:

(a)
Headings are inserted for convenience only and do not affect the interpretation of this Agreement.


(b)
A reference in this Agreement to a business day means a day other than a Saturday or Sunday on which banks are open for business generally in Sydney.


(c)
If the day on which any act, matter or thing is to be done under this Agreement is not a business day, the act, matter or thing must be done on the next business day.


(d)
A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars.


(e)
A reference in this Agreement to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.


(f)
A reference in this Agreement to any agreement, deed or document is to that agreement, deed or document as amended, notated, supplemented or replaced.


(g)
A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.


(h)
An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.


(i)
Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.


(j)
A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders.


(k)
References to the word ‘include’ or ‘including’ are to be construed without limitation.


(l)
A reference to this Agreement includes the agreement recorded in this Agreement.


(m)
A reference to a party to this Agreement includes a reference to the servants, agents and contractors of the party, and the party’s successors and assigns.


(n)
Any schedules and attachments form part of this Agreement.

5
Development Contributions to be made under this
Agreement
5.1        The Developer shall pay to Council an amount of $85,800 ($3,300 per
lot) to go towards the upgrade of Upper Nile Road and Glen Alice Road.
5.2          The payment is to be paid in 3 stages; that being:
                               Stage 1: Lots 1 to 6 
                               Stage 2: Lots 13 to 26 
                               Stage 3: Lots 7 to 12
6
Application of the Development Contributions

6.1
Payments or provision of material public benefits must be made prior to the issue of the subdivision certificate for each stage.

7           Application of s94 and s94A of the Act to the Development
Sections 94 and 94A do not otherwise apply to the development.
8
Registration of this Agreement
This Agreement will not be registered as provided for in s93H of the Act as its provisions are to be finalised prior to the issue of any subdivision certificate.
9
Review of this Agreement
This agreement shall not be reviewed except with the approval of both parties.
10
Dispute Resolution
Should a dispute arise as part of this agreement that cannot be resolved between the parties then the parties may engage an independent mediator to be funded by the parties to assist in resolving the dispute. If the dispute is not resolved by mediation then before either party has recourse to litigation, the party must submit the dispute to expert appraisal. If the parties do not agree upon an independent expert, either may request the Secretary General of the Australian Commercial Disputes Centre to nominate an expert. 


11
Enforcement
If this agreement is not honoured prior to any request for the issue of any subdivision certificate then the parties agree that enforcement shall mean any subdivision certificate will not be released.
12
Notices

12.1
Any notice, consent, information, application or request that must or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways:


(a)
Delivered or posted to that Party at its address set out below.


(b)
Faxed to that Party at its fax number set out below.


(c)
Emailed to that Party at its email address set out below.


Council
Attention:         Andrew Muir
Address:          180 Mort Street, Lithgow, NSW 2790
Phone Number: 02 6354 9999
Fax Number:    02 63512927          
Email:             acm@lithgow.nsw.gov.au
Developer
Attention:       Lyn and Bruce Richardson
Address:       “Eurella” 620 Upper Nile Road, Glen Alice
NSW 2849 
Phone Number:  02 6379 7288 or 0402 091 486 Email:               lyn.somerset@skymesh.com.au


12.2
If a Party gives the other Party 3 business days notice of a change of its address or fax number, any notice, consent, information, application or request is only given or made by that other Party if it is delivered, posted or faxed to the latest address or fax number.


12.3
Any notice, consent, information, application or request is to be treated as given or made at the following time:

(a) If it is delivered, when it is left at the relevant address.

(b)  If it is sent by post, 2 business days after it is posted.
(c)  If it is sent by fax, as soon as the sender receives from the
sender’s fax machine a report of an error free transmission to the correct fax number.


12.4
If any notice, consent, information, application or request is delivered, or an error free transmission report in relation to it is received, on a day that is not a business day, or if on a business day, after 4.30pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next business day.

13
Approvals and consent
Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party’s absolute discretion and subject to any conditions determined by the Party. A Party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions.
14
Assignment and Dealings
The parties agree that should the developer intend to sell, transfer or assign the property, then the developer will, in any contract for sale or Deed of Assignment or Transfer, include a requirement that the purchaser or assignee must honour the same terms and conditions as this document. 
15
Costs
Any incidental costs associated with this agreement shall be borne by the developer.
16
Entire agreement
This Agreement contains everything to which the Parties have agreed in relation to the matters it deals with. No Party can rely on an earlier document, or anything said or done by another Party, or by a director, officer, agent or employee of that Party, before this Agreement was executed, except as permitted by law.
17
Further acts
Each Party must promptly execute all documents and do all things that another Party from time to time reasonably requests to affect, perfect or complete this Agreement and all transactions incidental to it.
18
Governing law and jurisdiction
This Agreement is governed by the law of New South Wales.  The Parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.  The Parties will not object to the exercise of jurisdiction by those courts on any basis.
19
Joint and individual liability and benefits
Except as otherwise set out in this Agreement, any agreement, covenant, representation or warranty under this Agreement by 2 or more persons binds them jointly and each of them individually, and any benefit in favour of 2 or more persons is for the benefit of them jointly and each of them individually.
20
No fetter
Nothing in this Agreement shall be construed as requiring Council to do anything that would cause it to be in breach of any of its obligations at law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.
21
Representations and warranties
The Parties represent and warrant that they have power to enter into this Agreement and comply with their obligations under the Agreement and that entry into this Agreement will not result in the breach of any law. 
22
Severability
If a clause or part of a clause of this Agreement 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 be read in the latter way.  If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.
23
Modification
No modification of this Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.
24
Waiver
The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, another Party. A waiver by a Party is only effective if it is in writing. A written waiver by a Party is only effective in relation to the particular obligation or breach in respect of which it is given.  It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

Execution

Dated:  
Executed as an Agreement: 
Lyn and Bruce Richardson
Lithgow City Council