Draft region-wide policy for Planning Agreements

Central Coast Council Administrator, Rik Hart

Six years after the merger of Gosford and Wyong Councils, a draft Planning Agreement Policy has been formulated for the entire LGA, giving developers a clearer indication of what is expected of them in the way of contributions.

Central Coast Council Administrator Rik Hart resolved at the December 13 meeting to endorse the draft policy and put it on public exhibition for 28 days.

Hart also resolved to repeal the Voluntary Planning Agreement Policy for Gosford City Centre.

Adoption of the draft policy would see the repeal of the former Wyong Shire Planning Agreement Policy, Deed of Agreement and Bank Guarantee Policy and Deferred Payment of Section 94 Contributions Policy.

The purpose of the policy is to establish a framework to guide the preparation of Planning Agreements under Section 7.4 of the Environmental Planning and Assessment Act 1979 (the EP&A Act) and the Environmental Planning and Assessment Regulation 2021 (the Regulation).

It seeks to enhance flexibility of planning decisions through the use of Planning Agreements and enhance the range and extent of development contributions made by development towards public facilities in the area.

It also sets out Council’s specific policies on the use of Planning Agreements and procedures relating to the use of Planning Agreements.

Hart described the move as “a good and timely tidy-up”.

A report lodged at the meeting said a Planning Agreement is a voluntary agreement between a planning authority and a developer who has sought a change to an environmental planning instrument (ie planning proposal), or who has made, or proposes to make, a development application or application for a complying development certificate.

“Under a Planning Agreement, a developer agrees to make a contribution towards a public purpose,” it says.

“The contribution may be the dedication of land, payment of a monetary contribution, provision of a material public benefit, or any combination of these.

“Planning Agreements are widely used by Council as a tool for delivering infrastructure and public benefit outcomes in association with planning proposals and development applications.

“It is important Council has a policy and procedure in place to guide the negotiation, administration and making of Planning Agreements.

“This ensures transparency, fairness and flexibility of planning decisions.”

Source:
Central Coast Council
Minutes, December 13 meeting