PLANNING AGREEMENTS– POLICY

Contents

PLANNING AGREEMENTS– POLICY 1. INTRODUCTION

1.1 Overview 1.2 Name of this Policy 1.3 Commencement and Application of the Policy 1.4 Objectives 1.5 What information does this Policy provide? 1.6 Interpretation

2. REGULATORY & POLICY FRAMEWORK

2.1 Legislative Framework 2.2 Departmental Guidelines 2.3 Explanatory Note 2.4 Corporate strategic planning context

3. PROBITY & PUBLIC ACCOUNTABILITY

3.1 Fundamental Principles 3.2 Acceptability Test to be applied to all planning agreements 3.3 Negotiation of Planning Agreements 3.4 Public notification and exhibition of a Planning Agreement and Explanatory Note

4. PREPARING PLANNING AGREEMENTS

4.1 When may Council enter into a Planning Agreement 4.2 Type of Contributions 4.3 Types of benefits 4.4 Value of a Planning Agreement if development proposal results in Value Uplift 4.5 Contributions Plan Credits 4.6 Valuing Works and Material Public Benefits 4.7 Land Dedication and Affordable Housing 4.8 Recurrent charges & maintenance costs 4.9 Feasibility 4.10 Pooling of monetary contributions 4.11 Refund of monetary contributions 4.12 Indexation of contribution values and security 4.13 Development contributions comprising carrying out of works 4.14 Provision of security under a Planning Agreement

04 05

05 05 05 05 05 06

07

07 08 09 09

11

11 11 13 13

14

14 14 14 14 15 16 16 18 18 19 19 19 19 20

4.15 Deferral of obligations 4.16 Registration 4.17 Restriction on dealings 4.18 Insurance 4.19 Indemnity 4.20 Dispute Resolution 4.21 Monitoring and review 4.22 Amendment 4.23 Discharge of Planning Agreement 4.24 Deed Poll & unilateral undertakings 4.25 Templates relating to Planning Agreements

PLANNING AGREEMENTS– PROCEDURES 5. COUNCIL PROCEDURES

5.1 Introduction 5.2 When is the planning agreement required to be entered into? 5.3 Form of a Planning Agreement offer 5.4 Acceptability Test – Preliminary Assessment of Planning Agreement 5.5 Consideration of Planning Agreement proposals 5.6 Offer to enter into Planning Agreement 5.7 Preparation of Planning Agreement 5.8 Security for Council’s legal costs 5.9 Flowchart of the Planning Agreement Process 5.10 Planning Agreement Process – Staff roles and responsibilities 5.11 Overview of key steps in the Planning Agreement preparation process 5.12 Planning Agreement Process – Templates 5.13 Planning Agreement Register 5.14 Discharging of developer’s obligations

6. ACCEPTABILITY CHECKLIST 7. PLANNING AGREEMENTS RESPONSIBILITIES MATRIX 8. FLOWCHART OF PLANNING AGREEMENT PROCESS 9. PLANNING AGREEMENT TEMPLATES 10. SUPPORTING ADOPTED COUNCIL POLICY

21 21 21 22 22 22 23 23 23 23 23

24 25 25 25 25 25 25 26 26 26 27 27 27 29 29 29 30 32 33 34 34