Developer Contributions and Voluntary Planning Agreement Register
New reporting and accounting requirements for infrastructure contributions and planning agreements were introduced into the EP&A Regulation on 12 February 2021 through the Environmental Planning and Assessment Amendment (Development Contributions) regulation 2021 (amending Regulation).
Council’s are required to publish online the following information effective from 1 July 2022;
- Copies of all planning agreements (including amendments and variations to the agreements).
- Copies of the explanatory notes relating to those agreements or amendments.
- Planning agreement registers with additional information required in the amending Regulation.
- Local contributions (s7.11 and s7.12) registers with additional information required in the amending Regulation.
- Annual financial statements for planning agreements and local infrastructure contributions showing aggregate totals of money, land, and works/works-in-kind received (also referred to as ‘material public benefit’) (see below).
- Copies of all current contributions plans and current contribution rates under each plan.
- Annual report information related to contributions expenditure, including a detailed breakdown of contributions expenditure by project.
A Planning Agreement (also commonly referred to as voluntary planning agreements or VPAs) is an agreement entered into by a planning authority (such as Strathfield Council) and a developer who has sought a change to the Local Environmental Plan (via a Planning Proposal) or as made a development application. Under the agreement, a developer agrees to provide or fund:
- Public amenities or public services
- Affordable housing
- Conservation or enhancement of the natural environment
- Other infrastructure.
A planning agreement can provide for the dedication of land, payment of a monetary contribution or any other public benefit to be used for a public purpose. Planning agreements cannot be entered into unless public notice has been given and an explanatory note is made available for inspection.
The Environmental Planning and Assessment Act 1979 and Regulation provides the provisions relating to Planning Agreements. The Department of Planning & Environment also provide information and guidelines on planning agreements.
Planning agreements cannot be entered into unless public notice has been given and an explanatory note is made available for inspection for at least 28 days.