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Planning Agreement Policy

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This Policy applies to all Voluntary Planning Agreements (VPA) proposed or entered by Council and applies to all the land in the Local Government Area (LGA).

A Voluntary Planning Agreement is an agreement entered into between a planning authority Port Macquarie-Hastings Council (Council) and a developer for the provision of funds or works for infrastructure, services, or other public amenities in connection to a Planning Proposal or Development Application. A VPA can also involve the dedication of land or any other public benefit to be used for a public purpose.

Purpose

This Policy sets out Council’s position and procedures relating to voluntary planning agreements under the Environmental Planning and Assessment Act 1979 (Act) and the Environmental Planning and Assessment Regulation 2021. Section 7.4 of the Act enables Councils to enter into planning agreements with developers. Planning agreements are voluntary and the acceptance of an offer to enter into an agreement is at the absolute discretion of Council.

Objective of VPAS

Enables council to enter into agreements with developers to provide public benefits in conjunction with a development application or planning proposal. The agreements are voluntary, and the public benefits can be in the form of a monetary contribution, the dedication of land or the provision of material public benefits directly.

Standard VPA Template

Council has prepared a Standard Planning Agreement Template which you can view on the right-hand side of this page under documents. This template is to assist developers in preparing a VPA and contains clauses that Council considers to be standard and mandatory inclusion in all VPAs. Any variation will need to be negotiated and agreed upon by Council.

The list of the proposed changes to this policy can be found in the council meeting report held on the 21 March 2024 on the right-hand side of this page under the documents tab along with the proposed draft documents. The text in red reflects the proposed changes to the policy.


You can provide your feedback on the proposed Draft Policy by:

  • Completing the survey below,
  • Emailing council@pmhc.nsw.gov.au; or
  • Posting to:
    Chief Executive Officer
    Port Macquarie-Hastings Council
    PO Box 84
    Port Macquarie NSW 2444

The exhibition period closes on Friday 26 April 2024.

This Policy applies to all Voluntary Planning Agreements (VPA) proposed or entered by Council and applies to all the land in the Local Government Area (LGA).

A Voluntary Planning Agreement is an agreement entered into between a planning authority Port Macquarie-Hastings Council (Council) and a developer for the provision of funds or works for infrastructure, services, or other public amenities in connection to a Planning Proposal or Development Application. A VPA can also involve the dedication of land or any other public benefit to be used for a public purpose.

Purpose

This Policy sets out Council’s position and procedures relating to voluntary planning agreements under the Environmental Planning and Assessment Act 1979 (Act) and the Environmental Planning and Assessment Regulation 2021. Section 7.4 of the Act enables Councils to enter into planning agreements with developers. Planning agreements are voluntary and the acceptance of an offer to enter into an agreement is at the absolute discretion of Council.

Objective of VPAS

Enables council to enter into agreements with developers to provide public benefits in conjunction with a development application or planning proposal. The agreements are voluntary, and the public benefits can be in the form of a monetary contribution, the dedication of land or the provision of material public benefits directly.

Standard VPA Template

Council has prepared a Standard Planning Agreement Template which you can view on the right-hand side of this page under documents. This template is to assist developers in preparing a VPA and contains clauses that Council considers to be standard and mandatory inclusion in all VPAs. Any variation will need to be negotiated and agreed upon by Council.

The list of the proposed changes to this policy can be found in the council meeting report held on the 21 March 2024 on the right-hand side of this page under the documents tab along with the proposed draft documents. The text in red reflects the proposed changes to the policy.


You can provide your feedback on the proposed Draft Policy by:

  • Completing the survey below,
  • Emailing council@pmhc.nsw.gov.au; or
  • Posting to:
    Chief Executive Officer
    Port Macquarie-Hastings Council
    PO Box 84
    Port Macquarie NSW 2444

The exhibition period closes on Friday 26 April 2024.