144 WOODFORD STREET MINMI 2287 WINTEN (NO 21) PTY LIMITED Planning Agreement

The Planning Agreement as varied by the First Variation Deed applies to the same land to which the Planning Agreement applies (Subject Land), but there have been some changes to the description of the Subject Land in Schedule 3 to the Planning Agreement as follows:
• Lot 6 DP 1044574 is now known as Lot 4 DP 1253716; and
• Lot 4 DP 1230960 is now known as Lots 100 and 101 in DP 1252590.

The parties to the First Variation Deed are the Minister administering the Environmental Planning and Assessment Act 1979 (ABN 20 770 707 468) (the Minister), Winten (No 21) Pty Limited (ACN 096 449 393) (the Developer) and Minmi Land Pty Ltd (ACN 129 266 477) (the Former Landowner). The Former Landowner has transferred all of the land it owned specified in Schedule 3 to the Planning Agreement to the Developer and from the commencement of the First Variation Deed the Former Landowner is released from its obligations under the Planning Agreement.

The proposed development is defined in the Planning Agreement to mean the development of the Subject Land for the purposes of urban development generally in accordance with the Concept Plan including DA2015/10360 and DA 2015/10393, lodged with Newcastle City Council and DA 1936/2016, lodged with Lake Macquarie City Council and any development approved under Part 4 of the Act pursuant to the Concept Plan.

The Developer has proposed, and the Minister has agreed, to amend the Planning Agreement in accordance with the terms of the First Variation Deed to provide for an additional contribution towards the upgrade of Newcastle Link Road and Minmi Road intersection to support the proposed development (Transport Monetary Contribution) and make administrative updates to the terms of the Planning Agreement.

The Planning Agreement as amended by the First Variation Deed provides that the Developer will make an additional $5,000,000 Development Contribution prior to the issue of a Subdivision Certificate for the first Urban Lot within the Link Road South Precinct.

The proposed amendments to the Planning Agreement does necessitate a change to the security provided by the Developer to secure the performance of the obligations of the Developer under the Planning Agreement. The Planning Agreement now requires an increased $200,000 security, in the form of bank guarantee/s.

In accordance with former section 7.4(2) of the Act, the Planning Agreement as varied by the First Variation Deed has the following public purpose:
• the provision of (or the recoupment of the cost of providing) public amenities or public services;
• the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to the land.

The Minister and the Developer have assessed the First Variation Deed, and both hold the view that the First Variation Deed provide a reasonable means of achieving the public purpose of the Planning Agreement. This is because it will ensure that the Developer makes an appropriate contribution towards the provision of regional transport infrastructure and services.

The Planning Agreement does not specify requirements that must be complied with prior to the issue of a construction certificate or occupation certificate. The Planning Agreement as amended by the Deed of Variation requires the Development Contributions to be made prior to the issue of the relevant subdivision certificates and therefore contains a restriction on the issue of a subdivision certificate within the meaning of section 6.15(1)(d) of the Act.