1. Introduction 1.1 OVERVIEW Planning Agreements are voluntary agreements that allow development contributions such as the dedication of land to Council, monetary contributions, public infrastructure, community facilities, affordable housing, any other material public benefit or any combination of these to be delivered in connection with planning proposals and development applications. Planning Agreements are separate from, though complement Council’s section 7.11 and 7.12 contribution plans levied in accordance with the Environmental Planning & Assessment Act 1979 (the Act). Planning Agreements provide greater flexibility to target the range of public facilities and services that can be provided for the public’s benefit in order to manage the impacts of development. Planning Agreements also provide an efficient means of incrementally developing community infrastructure in conjunction with redevelopment in urban renewal areas.
1.2 NAME OF THIS POLICY This Policy is known as the Canada Bay Planning Agreements Policy & Procedures Manual (the Policy). It sets out Canada Bay Council’s policy and procedures relating to the preparation of Planning Agreements under the Act. Council will apply this Policy to ensure Planning Agreements comply with Part 7 of the Act and provide infrastructure and other public benefits that support Council’s strategic direction and provide good value to the community.
1.3 COMMENCEMENT AND APPLICATION OF THE POLICY The Policy was adopted by resolution of Council on 17 November 2020. This Policy is effective from 17 November 2020. The Policy applies to development applications lodged pursuant to the Environmental Planning and Assessment Act 1979 and planning proposals seeking to change the Canada Bay Local Environmental Plan for land and development within the Canada Bay Local Government Area.
Planning Agreement Policy & Procedures Manual
1.4 OBJECTIVES The objectives of this Policy are to: a. establish a fair, transparent and accountable policy governing the use of Planning Agreements by Council; b. to enable innovative approaches to the delivery of infrastructure and services that are consistent with the Council’s corporate strategic planning documents and land use planning outcomes; c. to enhance the range and extent of development contributions made to Council by developers for and towards public services and facilities in the Council’s area; d. ensure participants in the negotiation of Planning Agreements understand their roles and responsibilities to maintain the highest standards of probity, e. set out Council’s specific policy position and procedures relating to the use of Planning Agreements, f. promote public participation through the public exhibition and seeking submissions on draft Planning Agreements, and g. where applicable, achieve benefits for the community in line with adopted strategies and plans (particularly relating to land use improvement and foreshore access).
1.5 WHAT INFORMATION DOES THIS POLICY PROVIDE? The Policy sets out the Council’s approach to the preparation of Planning Agreements. In particular, this Policy sets out: a. the circumstances in which Council may consider entering into a Planning Agreement; b. the matters ordinarily covered by a Planning Agreement, c. the form of development contributions which may be sought under a Planning Agreement; d. examples of the kinds of public benefits which may be sought; e. the method for determining the value of public benefits; f. timing considerations in respect to Planning Agreements and procedures for negotiating and entering into Planning Agreements;
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