g. publishing Planning Agreements policies and procedures,
h. s tandardising Planning Agreements documents and procedures,
i. Implementing efficient negotiation systems.
2.2.11 This Council policy on Planning Agreements seeks to comply with the Department’s Practice Note on Planning Agreement’s. 2020 Draft Practice Note and Draft Ministerial Direction 2.2.12 The Secretary issued a Draft Practice Note – Planning Agreements in April 2020 and associated Draft Ministerial Direction.
2.2.15 This Council policy on Planning Agreements seeks to comply with the 2020 Draft Practice Note.
2.3 EXPLANATORY NOTE 2.3.1 Clause 25E(1) of the Regulation requires that an explanatory note must accompany a planning agreement, or an agreement that revokes or amends a planning agreement that:
2.2.13 If the 2020 Draft Practice Note and associated Draft Ministerial Direction are made, the Council will be required to have regard to them when negotiating or preparing Planning Agreements. 2.2.14 Whilst the content of the 2020 Draft Practice Note is similar to the 2005 practice note, the following significant matters covered by the 2020 Draft Practice Note are noted:
a. i t contains an amended list of ‘fundamental principles’ for Planning Agreements,
b. i t makes specific reference to and provides guidance on the use of Planning Agreements for value capture in connection with the making of planning decisions,
c. i t introduces a threshold test for when re-notification of a proposed Planning Agreement should occur if amendments to the proposed Planning Agreement are made after public notification,
d. it contains guidance on the relationship between Planning Agreements and variations sought to development standards,
e. i t describes the relationship between Planning Agreements and other contributions mechanisms,
f. i t introduces a greater nexus between Planning Agreements and strategic infrastructure planning,
g. it provides guidance on the content of offers to enter into Planning Agreements,
h. i t provides guidance on the registration of Planning Agreements,
Planning Agreement Policy & Procedures Manual
i. it provides detailed guidance on the security for the enforcement of developers’ obligations under Planning Agreements
a. S ummarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and b. C ontains an assessment of the merits of the proposed agreement, amendment or revocation, including the impact (positive or negative) on the public or any relevant section of the public.
Clause 25E(3) of the Regulation requires the parties to jointly prepare the explanatory note. Council’s explanatory note template is included under Part 9, Planning Agreement Templates and must be used by developers as the basis for the preparation of explanatory notes.
2.4 CORPORATE STRATEGIC PLANNING CONTEXT 2.4.1 An important strategic role for Planning Agreements is achieving specific land use planning outcomes with strategic and/or site specific merit. 2.4.2 A Planning Agreement should facilitate the provision of public facilities and amenity outcomes that advance the delivery of Council’s corporate and strategic planning objectives and deliver valuable community benefits where appropriate. 2.4.3 The Council’s long-term strategies including Canada Bay’s Local Strategic Planning Statement and Community Strategic Plan - Your Future 2030 and delivery program are based on the outcomes of engagement with the community. The implementation of key aspects of some of these goals, the broader strategic directions and the delivery of key infrastructure areas can be directly or indirectly achieved through Planning Agreements.
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