Background:

Council’s Draft Voluntary Planning Agreements Policy has been amended to include Clause 9A VPA in lieu of Public Carparking and in now on public exhibition.

A Planning Agreement is a legal agreement entered into by a planning authority such as Council or the Department of Planning, Housing and Infrastructure (the Department), and a developer.

Under an agreement, a developer may agree to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of the above, to be used towards a public purpose.

Council can use Planning Agreements in addition to, or in lieu of, monetary contributions collected under Section 7.11 of the EP&A Act 1979. Councils are encouraged to publish policies and procedures concerning their use of planning agreements.

Best practice principles, policies and procedures should be implemented as safeguards to protect the public interest and the integrity of the planning process.

The draft Voluntary Planning Agreements Policy (the Policy) outlines Council’s requirements for the negotiation, preparation and procedures relating to the use of Planning Agreements. An updated Policy is required to reflect changes that have been implemented since the former Policy was created in 2005.

The draft Policy has been developed through reviewing Council’s existing policy against the Practice Note and against voluntary planning agreements policies from other Councils which are considered to be best practice. The purpose of the draft Policy is to establish a framework, policies and procedures which

Council will apply to guide the use and negotiation of Planning Agreements by Wingecarribee Shire Council, in keeping with the provisions of the Act, the EP&A Regulation 2021 and the Practice Note.

The Policy applies to Planning Agreements that Council might enter into, with a person which requests changes to an environmental planning instrument or has made or proposes to make a development application or application for a complying development certificate, within the Wingecarribee Local Government Area (the Developer). The person may or may not be the landowner, and a Planning Agreement can be entered into with a person who has an arrangement with the Developer. The proposed Policy will replace the Planning Agreements Policy 2005, following its adoption. The Policy will be reviewed every 2 years, following the election of a new Council, or as required by legislation.

How feedback was recieved

1. Submission Form (below)
2. Emailed to mail@wsc.nsw.gov.au
3. Hand delivered to Council's Civic Centre at 68 Elizabeth Street, Moss Vale NSW 2577
4. Posted to Wingecarribee Shire Council, PO Box 141, Moss Vale NSW 2577

Only written submissions were considered and these were received by Council before 4.30pm on Friday 18 October 2024. Submissions received during this time may be included in the report to Council.

Next Steps:

We thank you for taking the time to explore the Draft Voluntary Planning Agreements Policy. Submissions are now being considered and will be reported back to Council as soon as practicable.