Planning agreements

A planning agreement (also known as a voluntary planning agreement) is an offer by a developer to Council to dedicate land, make monetary contributions, or provide any other material public benefit, to be used for or applied toward a public purpose.

A public purpose includes the provision of:

  1. a community facility
  2. affordable housing
  3. transport or other infrastructure relating to the development
  4. the funding of recurrent expenditure relating to the provision of community facilities, affordable housing or transport or other infrastructure
  5. the monitoring of the planning impacts of development, and
  6. the conservation or enhancement of the natural environment.

Planning agreements are entered into in relation to a development application or an amendment to the Local Environmental Plan.

Planning Agreements in force

Date agreement made Related development Planning Agreement Agreement details
3/06/2008 Rezoning of land at Northlakes Drive Cameron Park - Residential land subdivision (North Lakes Pty Limited)

Planning Agreement

Explanatory Note

The Planning Agreement prescribes that the developer transfer to Council 102.44ha of land for conservation purposes.
26/11/2008 Rezoning of land at North Cooranbong - Residential land subdivision (Johnson Property Group Pty Limited)

Planning Agreement

Amended Planning Agreement

Executed Agreement

Explanatory Note

The Planning Agreement prescribes a range of public benefits in the form of land dedication, capital works and cash contributions that include the following:

  • Open Space Land - indicative value $6.8m
  • Recreation Facilities -indicative value $23.4m
  • Community Facilities Land and Capital Works - indicative value $6.9m
  • Road Works - indicative value $14.4m.

It also prescribes the dedication of 119.24ha of conservation land and payment of endowment fund monies approximately $1m (plus indexation) relating to this environmental corridor. The agreement also requires the developer to maintain, for 5 years, the following facilities once completed:

  • on site neighbourhood park
  • on site sports facility and dog exercise park
  • north and south local parks
  • town common neighbourhood park and
  • sports facility area and the multipurpose centre.
17/05/2010 DA/1604/2008 (Templar Charlestown Pty Limited)

Planning Agreement

Explanatory Note

The Planning Agreement provides for the Developer to pay to Council a monetary contribution of $455,482.45 (plus indexation) in lieu of providing some of the car parking spaces required as a result of the development on the development site (181 - 193 Pacific Highway, Charlestown and 49 and 51 Ridley Street, Charlestown). The Developer is also required to pay approximately $6,832.24 (plus indexation) for Administration costs.
21/01/2015 DA/251/2013 (Hydrox Nominees Pty Limited) - Employment generating development at Windale

Planning Agreement

Explanatory Note - Schedule 4 of the Planning Agreement

The Planning Agreement requires the Developer to provide biodiversity offset land near Wakefield Rd, Ryhope including:

  • acquire and transfer to Council various unformed roads land (4.35ha)
  • undertake maintenance works on the proposed Environmental Conservation Land (ECL) which includes the preparation of a Vegetation Management Plan (VMP) for a minimum of 3 years, or until the land reaches a Stable State (as defined in the planning agreement)
  • assist Council in the preparation of a Plan of Management (PoM) for the offset site and
  • pay an endowment fund of $429,000 (plus indexation) to Council to support the ongoing management of the biodiversity offset lands.

Under the Planning Agreement Council is required to reclassify the roads land from Operational land to Community land once it has been transferred to Council, to support its proposed end use as a biodiversity offset.

6/02/2017 MISC/43/2011 (Metromix Pty Limited) - Quarry extension at Teralba

Planning Agreement

Explanatory Note - Schedule 3 in the Planning Agreement

The Planning Deed makes provision for the Developer to pay a haulage contribution to Council for the renewal and repair of parts of Rhondda Road, Wakefield Road, Northville Drive, Railway Street, William Street, Short Street, York Street, and Toronto Road, Teralba. The haulage contribution paid to Council is at a rate of $0.066 (plus indexation) per tonne per kilometre of materials hauled.
13/08/2018 (Hammersmith Management Pty Ltd) Rezoning of land at George Booth Drive Edgeworth

Planning Agreement and Explanatory Note

The Planning Agreement requires the Landowner to improve or maintain the biodiversity values of the Offset Land for a period of 10 years (or as otherwise agreed between the parties) from the date a construction certificate is granted for subdivision work on the Land.
Once that maintenance period is complete, the Landowner will dedicate the Offset Land to Council.
When the land is dedicated to Council, the Landowner will pay a monetary contribution to Council for the maintenance in perpetuity of the Offset Land from the date is dedicated. The Landowner has also agreed to register a BioBanking agreement for land within Lot 2 DP 1050996 and to acquire and retire biodiversity credits in connection with the Development of the Land.

Completed Planning Agreements

Date Agreement Made Related Development Planning Agreement Agreement Details
26/02/2007 DA/2416/2005 (Foundation Hill)

Planning Agreement

The Planning Agreement provided for the Developer to pay to Council a monetary contribution of $302,530.72 in lieu of providing 22 car parking spaces required as a result of the development on the development site. The Developer is also required to pay approximately $4,537.96 for Administration costs.
28/11/2007 DA/2/2006 (TIA Properties)

Planning Agreement

Explanatory Note

The Planning Agreement provided for the Developer to Pay to Council a $98,748 monetary contribution in lieu of providing three car parking spaces on the development site.
29/05/2008 DA/231/2007 - Charlestown Square redevelopment (GPT RE Limited)

Planning Agreement

Explanatory Note

The Planning Agreement prescribed that a range of public benefits be provided rather than a only monetary contribution towards centralised car parking provisions and vehicular access facilities. Public benefits include: 3,200m2 public car park at Charlestown; 46 place child care centre at Highfields; playing field at St John's Oval, Charlestown; landscaping and new amenities at Charlestown Oval as well as $500,000 towards landscape design; community room, youth facility, north & south piazza, bus shelters etc at Charlestown Square; $80,000 towards public domain improvements; $50,000 toward public art; $10,000 toward conservation of the Pickering Collection; new roads, bus & pedestrian facilities near Charlestown Square and remediation of Winding Creek, Charlestown. A further $500,000 is provided for Charlestown Open Space Endowment Fund.
29/05/2008 DA/2744/2005 and Amendments - Bulky goods showrooms, restaurant, Hillsborough Rd Warners Bay (BB Retail Capital Pty Limited)

Planning Agreement

Explanatory Note

The Planning Agreement provided for the developer to undertake the installation of traffic signals and associated road works in accordance with the Lake Macquarie Section 94 Contributions Plan No 6 2007- Hillsborough Rd. Estimated cost of works included in this agreement is $2,021,058
7/01/2009 DA/1313/2007 Supermarket and specialty shops at Swansea (Fabcot Pty Limited)

Explanatory Note

Plannning Agreement

The Planning Agreement provided for the following: a land exchange resulting in the transfer of an additional 1,330m2 of land to Council; construction of car parking spaces including kerb and guttering, paving, landscaping, lighting and car park stormwater works; provision of two bus shelters.
3/03/2009 Rezoning of land at 270 Fishery Point Rd Bonnells Bay - Residential land subdivision (Stannic Securities Pty Limited)

Planning Agreement

Explanatory Note

The Planning Agreement prescribed that the developer dedicates to Council an area of conservation land and provides a management plan for that area. The developer shall be responsible for the rehabilitation and maintenance of that area for a period of three years.
26/08/2009 DA/618/2009 (Trilogy ELD Pty Limited)

Planning Agreement

Explanatory Note

The Planning Agreement provided for the Developer to Pay to Council a $60,000 monetary contribution in lieu of providing four car parking spaces on the development site and for Administration costs.

Page last updated: 27 August 2018