A Planning Agreement (also commonly referred to as a voluntary planning agreement or VPA) is an agreement entered into by a planning authority (such as Georges River Council) and a developer who has sought a change to the Local Environmental Plan (via a Planning Proposal) or has made a development application.
Under the agreement, a developer agrees to provide or fund:
- Public amenities or public services
- Affordable housing
- Transport
- Conservation or enhancement of the natural environment
- Other infrastructure.
A planning agreement can provide for the dedication of land, payment of a monetary contribution or any other public benefit to be used for a public purpose. Planning agreements cannot be entered into unless public notice has been given and an explanatory note is made available for inspection.
Planning agreements may operate alongside s7.11/s7.12 contributions or may exempt developer contributions as part of the agreement.
The Environmental Planning and Assessment Act 1979 and Regulation provide the provisions relating to planning agreements. The Department of Planning and Environment also provides information and guidelines on planning agreements
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
Council's Policy on Planning Agreements became effective on 10 August 2016.
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Policy on Planning Agreements (2006) and the Kogarah City Council Policy on Planning Agreements (2009), which were both repealed on 10 August, 2016.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 Council that are currently on notification, under consideration, executed or concluded for public view.
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