New South Wales Consolidated Acts

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 26

26 Development contract

(1) If an application for development consent to development in accordance with a proposed community scheme or precinct scheme is accompanied by a proposed development contract, the consent authority may not grant the development consent unless the proposed development contract complies with Schedule 2 and is approved by the consent authority in the approved form.

(2) The consent authority may not grant consent to the subdivision to be effected by a neighbourhood plan unless it also gives approval in the approved form to a proposed development contract for the neighbourhood scheme that complies with Schedule 2 and is lodged with the application for consent.

(3) The granting of a development consent referred to in subsection (1) or (2) may be, but is not required to be, subject to a condition requiring the community parcel, precinct parcel or neighbourhood parcel to be developed in accordance with the development contract.

(4) A condition under subsection (3) has effect as a condition authorised by, and imposed under, section 80 of the Environmental Planning and Assessment Act 1979 .

(5) If development consent approving a development contract is required and is granted, the consent authority must certify on the development contract:

(a) that consent has been granted to the development proposed by the instruments, plans and drawings that comprise the development contract, and

(b) that the instruments, plans and drawings are not inconsistent with the development consent,

and must provide the applicant for consent with a copy of the development contract bearing the certificate.