New South Wales Consolidated Acts

CITY OF SYDNEY ACT 1988 - SECT 60

60 Rectification of landscape-agreements with owners

(1) The City Council or the Planning Committee may refuse to consider a development application for the development of land to which the Central Sydney Local Environmental Plan 1996 applies and that is made by or with the consent of the owner of the land unless the owner enters into an agreement with the City Council under which the owner agrees to do such things as may be reasonably required in the agreement in order to rectify the landscape of the land if the development, because of its uncompleted state, adversely affects the visual amenity of the City of Sydney (or a part of the City of Sydney).

(2) The City Council or the Planning Committee may, in the case of a development application for the development of land to which the Central Sydney Local Environmental Plan 1996 applies that is made by the owner of the land, impose as a condition of development consent a requirement that the owner enter into an agreement with the City Council under which the owner agrees to do such things as may be reasonably required in the agreement in order to rectify the landscape of the land if the development, because of its uncompleted state, adversely affects the visual amenity of the City of Sydney (or a part of the City of Sydney).

(3) An agreement must comply with a policy approved by the Minister for the time being administering the Planning Act and adopted by the City Council.

(4) An agreement may make provision only for one or more of the following:

(a) that the demolition of buildings be completed,

(b) that builder’s debris and rubble be removed,

(c) that a hoarding or other secure fencing be erected,

(d) that decorative panels be attached to hoardings and fences,

(e) that the land be landscaped,

(f) that landscaping items be maintained or, in the case of plants that are dead or damaged, be replaced,

(g) that lighting be installed,

(h) that such other things of an incidental nature as may be specified in the agreement be done,

(i) that such things as may have been agreed to by the owner of the land be done.

(5) An agreement cannot require an owner to fill in an excavation or to install drainage works.

(6) An agreement binds a successor in title to the land.

(7) This section does not affect the power of the City Council or the Planning Committee to enter into any other agreement concerning the land or its development or to impose any other conditions of development consent.