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Planning Agreements

What is a Planning Agreement?

A planning agreement is a voluntary agreement entered into by a planning authority (such as Georges River Council) and a person (the developer) who has sought a change to an environmental planning instrument or who has made a development application. The Environmental Planning and Assessment Act 1979 and Regulation 2000 contain provisions relating to Planning Agreements.
Under a planning agreement a developer agrees to provide or fund:

  • Public amenities or public services
  • Affordable housing
  • Transport or other infrastructure
  • Funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure
  • Monitoring of the planning impacts of development
  • Conservation or enhancement of the natural environment.

Contributions, to be used for or applied towards a public purpose, may be made through:

  • Dedication of land
  • Monetary contributions
  • Construction of infrastructure
  • Provision of materials for public benefit and/or use.

A planning agreement cannot impose an obligation on a planning authority to:

  • Grant development consent
  • Exercise any function in relation to a change to an environmental planning instrument (such as a local environmental plan or LEP).

Planning agreements cannot be entered into unless public notice has been given and an explanatory note is made available for inspection for at least 28 days.

Council’s Policy on Planning Agreements

The Georges River Council Policy on Planning Agreements (2016) became effective on 10 August, 2016. The Policy was adopted by the Council at its Meeting on 1 August, 2016.

View the Georges River Council Policy on Planning Agreements.

The Policy provides guidelines for both the Council and developers to effectively negotiate and prepare planning agreements, and provides a template planning agreement document, as well as a list of suggested infrastructure for works that may be considered to have a public benefit.

The purpose of the Policy is to establish Council's policy on the use of planning agreements and to provide an enhanced and more flexible development contributions system for Council. The Policy provides a clear and transparent framework governing the negotiation, assessment and use of planning agreements and ensures that the framework is consistent, efficient, fair and accountable.

The Georges River Council Policy on Planning Agreements (2016) replaces the Hurstville City Council Policy on Planning Agreements (2006) and the Kogarah City Council Policy on Planning Agreements (2009), which were both repealed on 10 August, 2016.

Register of Planning Agreements

Clause 25F of the Environmental Planning and Assessment Regulation requires Council to keep a register of all planning agreements. Below is a list of planning agreements with Georges River Council that are currently on notification, finalisation or executed for public view.

Notification | Finalisation | Executed

The table below provides a definition of the above terms.

Status

Definition

Notification Planning agreements on notification are available for public inspection and comment for at least 28 days before being finalised
Finalisation Finalising planning agreements have been publicly notified but are yet to be entered into by the Council (or other Planning Authority as the case maybe) and the Developer
Executed Executed planning agreements that have been entered into and signed by the General Manager on behalf of Council and the Developer