Overview of Planning Agreements Sample Clauses

Overview of Planning Agreements. Planning agreements, along with s94 contributions and s94A levies, are part of the system under which councils receive development contributions. Planning agreements can flexibly allow development contributions (whether dedication of land, monetary contributions or a material public benefit) for a wide range of facilities and services for the public benefit, including affordable housing and recurrent costs without the need for the more lengthy and involved processes necessary for charging section 94 contributions. Planning agreements provide the opportunity for much greater flexibility in terms of targeting the range of public facilities and services that can be provided for the public benefit, to mitigate the impacts of development and generally provide a net public benefit. As such, planning agreements are an invaluable tool for Council in negotiating suitable development contribution outcomes from development and for developers in addressing the impacts of development. Voluntary planning agreements as set out in the Act are entered into between a planning authority and a developer (or a person who is otherwise associated with the developer) who seeks the making, repeal or amendment of an environmental planning instrument or seeks to make a development application. Planning agreements are purely voluntary agreements on the part of both developers and planning authorities. Planning authorities cannot require developers to enter into planning agreements and developers cannot appeal to the Court because a council refuses to enter into a planning agreement. Environmental planning instruments such as local environmental plans cannot require a planning agreement to be entered into before consent is granted. However an environmental planning instrument can require the availability of services or facilities before a development is approved. Council and/or a developer may choose to use a planning agreement for many reasons including the following: •to mitigate or compensate for the impacts of development; •they offer a flexible means of achieving tailored development outcomes and targeted public benefits; •to provide enhanced and more flexible infrastructure funding and delivery opportunities for Council; •to allow the involvement of developers in the provision of public facilities and services and the timing of when facilities will be provided; and •to enable public private partnerships to occur.
Sample 1
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