23 December, 2016

NEW MUSIC FESTIVAL - LITHGOW COUNCIL

FOR YOUR INFORMATION AND WITH OPPORTUNITY TO COMMENT TO COUNCIL


DA311/16 JKR:HP
Environment & Development Dept. 20 December 2016


DA311/ 16 (S68181/ 16) - PROPOSED 3 DAY MUSIC & ARTS FESTIVAL WITH CAMPSITES - LOT 11 DP 755796 - EURELLA 602 UPPER NILE ROAD GLEN ALICE NSW 2849

Council has received the abovementioned development application from D Rubin relating to land located near your property. The development proposed is at Lot 11 DP 755796 - Eurella 602 Upper Nile Road GLEN ALICE NSW 2849.

3 day music festival (Babylon) including camping  onsite
4500 patrons, 500 staff
18+  event due to  licenced event with  sale of alcohol proposed

The application and plans are on display for a period of 21 days (not including Christmas closure) until 24 January 2017, to assist you in this matter, and are  available  for  inspection  at  the  Council's Environment & Development Department, in the  Council  Administration  Centre,  180  Mort Street, Lithgow, free of charge, during  office  hours.

Under the Environmental Planning Assessment Act, a person who makes a public submission to Council in relation to a development application is required to disclose the reportable political donations and/or gifts (if any) made by the person making the submission, or any associate of    that person, within the period commencing 2 years before the submission is made and ending when the application is determined. A notice about this matter and the Disclosure Form that is to  be included with any submission are available on the NSW Department of Planning &  Environment web site under 'Donation and gift  disclosure'.

Thank you for your participation in this process. The responsible officer dealing with this application is Jessica Ramsden who is available between 2:00-4:30pm on 6354 9999 Monday to Friday in Council's Environment & Development Department.




Write a Letter to Council about the Bad Roads

Dear Capertee Valley Resident,

You may be aware some of the roads in the Capertee Valley are in a terrible state of disrepair.  As a result we would like to initiate a letter writing campaign to council formalising the concerns many residents in the valley have over the state of the roads. 

We strongly urge all residents to write to council to voice their concerns.  We have a greater chance of council acting on complaints if we work together, please send a letter, the more letters council receive the greater our chance of timely action. 

I understand we are all really busy with the end of year quickly approaching, to make it a little easier please find an attached letter below we prepared earlier.  This letter is merely a guide, you can choose to alter the letter, add a problem or road that has been overlooked, change the wording or write your own letter. 

If you choose to send the attached letter don’t forget to add your name and address in the section at the top of the letter and add your name to the bottom.

Whichever you choose please just get a letter into Lithgow Council by post or email.  Letters can be posted to

Lithgow City Council
PO Box 19
180 Mort Street, Lithgow NSW 2790

Or emailed to


Yours faithfully

Combined Capertee Valley Community Groups

Capertee Valley Alliance Inc.
Capertee Valley Landcare Inc.
Glen Alice Community Association Inc.

Glen Davis Community Association Inc.






Name
Address
Town postcode

Date
The General Manager
Lithgow City Council
PO Box 19
LITHGOW NSW 2790

Email council@lithgow.nsw.gov.au

Dear Sir,

Re: Glen Alice Road, Capertee Valley

As a resident of the Capertee Valley I feel it is important to bring to your attention several issues with the Glen Alice Road.  Please find a road survey below with a detailed description of the road issues.  The survey was taken heading in a north to south direction commencing at the Lithgow Council-Midwestern Council boundary sign.  The Survey below was undertaken on the 28th November 2016.

Running Distance (km)
To
Description
Comments
0

Start of survey at Northern boundary of LGA


0.9
8.0
Large trees and tree branches overhanging Glen Alice Road.

The road has been resealed within the last few years however centrelines have not been marked.  There are several additional new sections along this road which lack centreline marking.

The edge of the road has deep drop offs causing deterioration of road surface and potential for vehicle rollover.
During recent rain events and wind storms, several large trees have fallen across the road.  Evidence of this is the frequency of sawn tree trunks and branches at the side of the road and most evident at Home Hills Road intersection.

As beautiful as it is to drive along a tree lined road one must consider the practicalities and safety issues involved.  Firstly several trees and branches are simply waiting for a strong wind to blow and fall onto a passing vehicle causing a fatal vehicle accident.
Moreover these branches interfere with the ability of large trucks and the school bus to traverse the road.  The excessive vegetative growth and leaning trees force large vehicle to drive onto the wrong side of the road, occasionally on blind corners and rises, to avoid the overhanging trees and branches.  It is very possible this will result in a fatal vehicle accident. 

Please remove all branches and trees over hanging the road.

This has been previously detailed in numerous correspondence from Community Groups and RFS to Council, including Council meeting held in the Capertee Valley. To date no action by Lithgow Council.

8.0

Bogee River Bridge
The approach to either end of the bridge needs severe tree lopping to allow oncoming motorists a clear line of sight approaching this one way bridge.  Also, grass and weeds visually obstructing the guardrails particularly at night.  I feel it is necessary for the safety of motorist that the grass and weeds need clearing both side approaches to the bridge.

Council should also consider the need for additional signage such as reduce speed signs and clearly marked areas for vehicles to stop and give way to oncoming traffic.  These measures would avoid a head-on collision on the one one-way bridge

The bitumen approaches to either end of the Bridge are heavily potholed and need re-constructing. There are existing potholes that need urgent attention to prevent a fatal car crash.

8.8

The northbound side of this section of road is heavily potholed.  Reconstruction of the northern side of the road may be necessary in addition to correct drainage to avoid the roads further deterioration.
Due to the extent of potholing along this road many residents and visitors to this valley have damaged their vehicle.  While I am worried about these potholes causing damage to my vehicle and damaging vehicle tyres, my greatest concern lies with the potential of a fatal car crash caused by a driver losing control of their vehicle due to a pothole.

9.5
12.3
Near Noola Road through to start of road construction near Port Macquarie Road.  Heavily potholed and dangerous to all types of vehicle.

This seal is approximately 40 years old.
Due to the extent of potholing along this road many residents and visitors to this valley have damaged their vehicle.  While I am worried about these potholes causing damage to my vehicle and damaging vehicle tyres my greatest concern lies with the potential of a fatal car crash caused by a driver losing control of their vehicle due to a combination of potholes causing damage to a vehicle causing a fatal car crash.

Repair to this section of the road has previously been requested by Community Groups from the Capertee Valley, dates of letters and phone calls can be supplied and agreed upon by Council.

12.3
15.2
New construction work where road base is being laid and levelled.
If it is true that sealing of this section will not be done until early 2017 then to avoid having the road base washed away a primer seal should be done

15.2

Drop edges need repairing
The edges to this section of the road continues to break away, causing a narrowing of safe road surface, and potential vehicle roll over.  To avoid such circumstances occurring it may be necessary for council to repack the road shoulders along this section of the road and the section described in 0.9-8kms

21.5

25 metre section of road is heavily damaged thus forcing drivers to the wrong side of the road on a blind crest, a 25m patch is required.
There are several very large potholes just below a blind crest on the road.  These potholes force drivers to the wrong side of the road on the blind crest. This is the potential site for a fatal car accident

23.0

Large pot hole
Large patch required.

23.0
24.6
New roadwork but edges have drop offs

This section of road has recently been laid however repair to the edge of the road due to lack of appropriate compaction and lack of drainage during construction has caused the road shoulder start to wash away.  

26.4

Bridge over creek at Glen Alice, approaches need ‘reduce speed’ and ‘narrow bridge ‘warning signs

As your aware this bridge over the Umbiella Creek is a one way bridge a give way sign has recently been installed.  However the signs approaching the bridge are obstructed by overhanging branches not giving drivers enough time to safely stop in order to give way.  It may be necessary to add additional safety signs.
In addition the pot holes along this section of the road are severe.  Some of the pot holes have pot holes. 
The potholes in several areas along this road are so large they have caused damage to vehicles and vehicle tyres.  The damages will continue to occur till this section of the road is replaced.  I reserve the right to apply to council to pay for any tyre or vehicle repair which occur to my vehicles due to this poorly maintained of this road.

27.6
To the tri-ways
Dirt road needs grading urgently
The potholes in several areas along this road are so large they are causing driver onto the wrong side of the road and to lose control of their vehicles.     The potholes are also causing damage to vehicles and vehicle tyres.  The damages will continue to occur till this section of the road is graded.  I reserve the right to apply to council to pay for any tyre or vehicle repairs which occur to my vehicles due to this poorly maintained of this road.

I appreciate the time you have taken to read this letter, however, due to the safety issues involved, your immediate response would be appreciated. 

Yours Faithfully


21 December, 2016

THE PAC HAS SPOKEN -AIRLY MINE DETERMINATION

Dear Sir/Madam, 

Please be advised that the Determination for the above listed project is now available online. Please click on the link to go to the signed report.


Please don't hesitate to contact us if you have any questions on (02) 9383 2100.

Kind regards,

Aaron Brown | Project Support Officer Secretariat
NSW Planning Assessment Commission
Level 3, 201 Elizabeth Street Sydney NSW 2000

e: aaron.brown@pac.nsw.gov.au | p: 9383 2112 | f: 9383 2133 |  www.pac.nsw.gov.au




To read the Summary sheet click here



17 December, 2016

Kate McClymont reflects on Eddie Obeid's jailing

As family patriarch Eddie Obeid swapped his stately Hunters Hill mansion for a jail cell, questions have been raised over the sale to a company whose director is a 25-year-old Chinese woman living in a modest apartment in Mascot.


The clan have legal bills believed to be in excess of $5 million following Obeid's trial for misconduct in public office, for which he was jailed on Thursday for at least three years, and their failed battle against the Independent Commission Against Corruption and staff.


click here to read the full story in the Sydney Morning Herald

UPDATE - CAPERTEE VALLEY REGENT HONEYEATER RECOVERY PROJECT



The second tree-planting weekend of 2016 was held on 19th – 21st August, when 3100 trees and shrubs were planted on a property (“Fetternear”) on Crown Station Road.  The plantings adjoin important remnant White Box woodland along Crown Station Road and to the west of the property.  It is also close to one of our regular Regent survey sites.

Approximately 100 volunteers took part and both planting and watering were completed by the end of the day. As usual, there was a large contingent of volunteers from Taronga Zoo.  There was also a group of about 20 members of the Shah Satnam JI Green –S Welfare Force Wing of Dera Sacha, an Indian religious environmental group which had participated in the 2 previous plantings. A big vote of thanks is due to everyone who helped make the weekend a success.

The total number of trees and shrubs planted since the project’s inception now stands at 126,000. The total area planted is 262 ha and comprises 65 sites on 48 properties.  

The August Regent Honeyeater surveys were held on the Sunday of the planting weekend. No Regents were recorded on any of the 12 sites although there were birds in the valley at the time, with an estimated 10 birds reported at Capertee National Park by ANU research student Ross Crates. One bird was also seen by a volunteer near the planting site during the weekend.

No Regents were seen either on any of the 12 survey sites during the September and October surveys (which are coordinated by CBOC and Birding NSW respectively).  This was not particularly surprising as flowering  has been generally poor. The Capertee National Park continued to be the main focus for Regents in the Valley over the course of the spring

Staff from the BirdLife national office in Melbourne have been analyzing the data from these surveys, which have been conducted each August, September and October since 2001. It had been planned that Dean Ingwersen would make a presentation on results of a preliminary analysis of the data at the tree-planting dinner on the Saturday night but this had to be postponed as Dean was unable to attend, due to unforeseen circumstances . Further work on analysis of the data has been completed since then and it is hoped that a presentation can be given at the May 2017 dinner.

The tree-plantings for next year will be held on the 5-7th May and 18-20th August.  The August planting is subject to the availability of funding. Our current grant (from the federal government through Central Tablelands Local Lands Services) expires in June 2017 although there may be sufficient funds left over to fund an additional planting and we are hopeful that additional funding may be secured in the interim.

On behalf of BirdLife Southern NSW, I would like to thank all those enthusiastic and hard working volunteers who have contributed to the project during the year . We look forward to seeing as many of you as possible again next year.

Iain Paterson


Please donate to save beach-nesting birds
like the Hooded Plover from extinction



Planning and Assessment Commission for Airly Mine Extension D433-16

Airly Mine Extension Project D433-16 Planning Assessment Commission link.

Determination not made yest and submissions have not been uploaded to PAC site.


 CVA Inc. contacted PAC to request the submissions be uploaded in regard to the Hearing dated 27th October 2016 at Lithgow Workies Club.

There is no rule to say the submissions cant be uploaded for the public to read, its at the discretion of the Commissioner (according to the Commission's representative).

The representative stated he would contact the Commissioner and get back to CVA's representative.... no response yet from 3.14pm 4th November 2016.
Link below;


http://www.pac.nsw.gov.au/projects/2016/09/airly-mine-extension

To read the summary sheet click here



14 December, 2016

Survey to identify community’s priorities for Lithgow

Lithgow City Council
Media Release

Have your say and help set the future direction for the Lithgow Region Lithgow Council is conducting a survey to identify the community’s priorities for the future of the Lithgow local government area.

Lithgow Council is currently reviewing the Community Strategic Plan; ‘Our place…Our Future’. This plan sets the long-term direction for the Lithgow Local Government Area.

Lithgow Mayor, Cr. Stephen Lesslie said today “’The Community Strategic Plan is a chance for everyone to be involved in the future of the Lithgow region. We want people to think about what our community needs and speak up about it. In turn, council will use the plan to guide decision-making on its services and service standards, how community assets are managed and the development of community health and wellbeing programs.”

“A telephone survey of 400 randomly selected residents from across the local government area has just been completed. Council would like to thank everyone who took the time to be interviewed.” Cr Lesslie said.

An online version of the phone survey is now available on Councils website www.council.lithgow.com until Friday 6 January for residents of the Lithgow LGA who would like to contribute to the future of the Lithgow area.

The survey will enable Council to:

Identify what the community values most about living in the Lithgow area.
Identify what the community believes will be highest priority issues for the Lithgow area over the next 10 years. And • Assess community priorities when planning for Lithgow’s future.
“The development of the Community Strategic Plan; ‘Our Place…Our Future’, requires long-term thinking – we can’t do everything at once, but this plan will give us a path to follow into the future” concluded Cr. Lesslie.

11 December, 2016

Burnt Creek Deviation Band Sizzles in the Capertee Valley

The audience at the Glen Alice Hall was treated to blue grass music played by Burnt Creek Deviation Band.  All there agreed that it was a great night and the band members also enjoyed themselves.





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