The NSW government has published an updated draft policy framework for planning agreements, which contains an updated practical note (draft practical opinion) and a proposal for ministerial leadership. Once adopted, councils should pay attention to the draft practical opinion when negotiating voluntary planning agreements (VPAs). While the draft exercise retains many aspects of the existing practice note, there are some notable changes. APVs have been defined as voluntary agreements or other agreements between one or more planning authorities and a developer whereby the developer commits to making a public contribution to a public purpose or purpose. In addition, a “planning authority” is designated either by a board, by the minister, by a ministerial corporation, or by an authority designated as a public authority under the regulations. A planning agreement (also known as a voluntary planning agreement) is an offer by a developer to the Council to dedicate land, contribute to monetary policy or grant other public material benefits to be used or used for public purposes. It also requires the dedication of 119.24ha of conservation areas and the payment of endowment funds of approximately $1 million (plus indexation) in relation to this environmental corridor. The agreement also requires the developer to maintain for five years the following facilities: “Contribution to Development”, made available by a developer under a voluntary development agreement, may involve a monetary contribution, the free signing of the land or the provision of a material “public benefit”. The term “planning obligation” in turn means an obligation imposed on a developer that requires it to make a contribution to development. The Council`s director of planning, Graham Jahn, said the agreement did not allow Greenland to build a higher tower, but a tower “perhaps an extra metre,” as it took over the base area in other parts of the building. Planning agreement policy provides a framework for the preparation and implementation of planning agreements in the context of Part 7 of the Environmental Planning and Assessment Act 1979.
The policy defines the purpose, scope and objectives of developing planning agreements and sets guidelines for how policies are used for the planning and development of local communities. The agreement was born out of a voluntary planning agreement, which grants concessions to a real estate developer against a public benefit – in this case a concession in line with the Council`s new cultural policy. They are invited to give their views on the proposed voluntary planning policy. In particular, none of the major changes to the draft practice notice will address concerns about the misuse of VPAs.