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

The Planning Agreement as varied by the Second Variation Deed applies to the same land to which the Planning Agreement applies (Subject Land).

The proposed development is defined in the Planning Agreement, as amended by the Second Variation Deed, to mean the development of the Subject Land for the purposes of urban development generally in accordance with the Concept Plan including DA2015/10360, DA 2015/10393 and DA2018/01351, lodged with Newcastle City Council and DA 1936/2016 and DA/2087/2018, lodged with Lake Macquarie City Council and any development approved under Part 4 of the Act pursuant to the Concept Plan.

The Planning Agreement as amended by the Second Variation Deed provides that the Developer will make the following additional Development Contribution as part of the Transport Monetary Contribution at the times provided within the Second Deed of Variation.

The proposed amendments to the Planning Agreement does not 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 requires $200,000 security, in the form of bank guarantees.

In accordance with former section 7.4(2) of the Act, the Planning Agreement as varied by the Second 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 Second Variation Deed, and both hold the view that the Second Variation Deed provides 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 as amended by the Second Variation Deed promotes the public interest by ensuring that the Developer provides an appropriate contribution towards the provision of infrastructure and services to satisfy needs that arise from development of the Subject Land. The Developer’s offer to contribute towards the provision of regional transport infrastructure and services will have a positive impact on the public who will ultimately use that infrastructure and those 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 Second Deed of Variation requires a further monetary contribution as part of the Transport Monetary Contribution 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.