- December 6, 2020
- Posted by: samdenis
On the basis of the High Court`s argument in the issue of the leasing of funds (see below), the amounts to be paid under a development agreement to facilitate phased release under a sales contract may be paid as part of the consideration of the ground transfer. The development agreement should also provide for an authorisation procedure for the design of the development. The initial approach should be added to the agreement and the landowner should obtain specific permission to deviate from the proposed concept. In the absence of a proposed concept, the question is whether the minimum requirements for the number of dwellings or commercial buildings and a quality criterion should be taken into account. It is customary for state landowners to structure development agreements in the same way as the Lend-Leasing development agreement discussed above. The Lend-Lease decision is particularly relevant for developers entering into agreements under which the land purchaser has additional obligations to the seller with respect to infrastructure contributions, the sharing of revenue from the sale of the developed land or similar obligations to the seller. Opportunities for public contributions and feedback from stakeholders are often important elements of an agreement that can help limit negative community reactions. A public body will sometimes sacrifice some profit to reduce risk and enhance development security. If the parties share control over development, it is worth including appropriate deadlock provisions to ensure that development is not impeded. The development agreement should be developed to minimize the possibility of a deadlock. The content of the deadlock provisions is a matter of negotiation, while the parties should ensure that they contain at least some form of dispute resolution. The drivers of a state landowner may be different and, depending on the state agency, drivers can focus more on: whatever steps are chosen, it is worth defining in detail the procedure to be chosen.
For example, if the parties wish to apply an expert`s provision, the agreement should specify how an expert is selected, the process that the expert must follow and which bears the costs of the expert`s finding. The Commissioner succeeded at trial and the Court of Appeal ruled in favour of Lend Lease. The Court of Appeal found that at trial, the judge had erroneously shifted his concentration from the nature of the mandatory property transferred to the developed land.