2014/6669 - Kitchener, Cessnock

The Developer is seeking to develop about 59 residential lots (the Proposed Development) and has made an offer to the Minister to enter into the Planning Agreement in connection with the Proposed Development. The Proposed Development will be carried out in stages over a number of years.

The Planning Agreement provides that the Developer will make a monetary contribution at a rate of $72,440 per hectare of net developable area in accordance with the Draft Environmental Planning and Assessment (Special Infrastructure Contribution – Lower Hunter) Determination 2011 for the purposes of the provision of designated State public infrastructure within the meaning of clause 6.1 of the LEP.

The monetary contribution will be required to be paid prior to the issue of the subdivision certificate as set out in Schedule 4 to the Planning Agreement. The contribution rate will be indexed in accordance with the Sydney Consumer Price Index (in July each year based on movement up to the March quarter). The requirement to pay the monetary contribution will be secured by way of a Bank Guarantee for $20,000 to be provided on execution of the Planning Agreement.

The Planning Agreement also contains a provision that in the event that the Minister does impose a Special Infrastructure Contribution (SIC) and the monetary contribution has not been paid, the Developer can pay the SIC contribution amount in lieu of the amount specified in the Planning Agreement. The Planning Agreement is required to be registered on the title to the Land in accordance with section 93H of the Act. No relevant capital works program by the Minister is associated with this Planning Agreement.