In Commissioner of State Revenue/Lend Lease Development Pty Ltd2, the High Court found that the land transfer tax could be levied not only on payments from land contracts, but also on payments made under a development agreement which, together with land sales contracts, constituted a single and integrated operation for the sale and development of the area. Since the relationship governed by a development agreement can last five years or more, the agreement should be developed in such a way as to avoid a deadlock where possible. Parties should examine and examine potential deadlock problems, such as planning risks. B, and include mechanisms and options in the agreement to avoid a deadlock. While the general provisions of development agreements are well established, the devil is, as always, in the details and terms of each agreement must be elaborated with great care to ensure that the trading conditions negotiated between the parties are properly reflected in the documents. Under a futures contract, the investor pays the price after the completion of the development, with the developer financing the construction costs himself, either on his own resources or with the financing by borrowing, which can be repaid on the proceeds of the sale. One of the common threads of the agreements is that the landowner retains some control over what is developing. The degree of control is variable in each agreement, with the landowner retaining a higher level of control for a DA sale and a lower level of control in a DA Service. Development costs are usually managed by a project budget. A first budget is linked to the development agreement and an approval procedure to deal with an unexpected increase in costs. In some cases, the proponent will negotiate broader control, so that the landowner will only be able to object to an increase in project costs if the projected costs increase the budget of a number, for example. B 10%.
Otherwise, the developer can continue to develop as long as the costs are borne in accordance with the budget. 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. Parties should be required to continue to fulfill, as far as possible, their obligations under the development contract during the litigation process. Local jurisdictions must hold a public hearing prior to the approval of a development agreement and only the Impact Fees, dedicacions, mitigation measures and standards are authorized by other laws.