Council has endorsed a revised Planning Agreement Policy & Procedures Manual that reflects the requirements of the NSW Government Planning Agreements – Practice Note – February 2021.

Planning agreements are a legal agreement between planning authorities and developers whereby public benefits are provided in association with a development.

The Planning Agreement Policy & Procedures Manual:

  • Refers to the new 2021 Practice Note and new clauses in the Environmental Planning and Assessment Regulation 2021
  • Advises that the explanatory note can now be prepared by only one of the parties but should be reviewed and agreed on by any other party to the agreement
  • Revises the fundamental principles governing the use of planning agreements and the acceptability test that should be applied to planning agreements
  • Revises security provisions to state that, in addition to financial security, compulsory acquisition is a suitable means of enforcing land dedication obligations
  • Revises the timing provisions to state that a planning agreement should be negotiated and executed before the relevant application is determined, or the local environmental plan giving effect to a planning proposal is made.

The adopted Planning Agreement Policy & Procedures Manual can be viewed here.

It was publicly exhibited from 6 March–3 April 2023.

Submissions received during the public exhibition are currently being considered. It is intended that the matter will be reported to a Council meeting for consideration for endorsement.