This policy applies to all Works in Kind Agreements (WIKA), including Developer Works Deeds (DWD), proposed or entered by Council and applies to all land in the Local Government Area (LGA).

Both WIKAs and DWDs are voluntary agreements entered into between a planning authority (Port Macquarie-Hastings Council) and a developer for the provision of funds or works for infrastructure, services, or other public amenities in connection to a development consent or Section 306 notice of requirements. A WIKA and DWD can also involve the dedication of land or any other public benefit to be used for a public purpose.

Why is the policy being reviewed

The Draft Works in Kind and Developer Works Deed Policy is being reviewed as the current Works in Kind Agreement Policy has not been reviewed since its adoption by Council at the Ordinary Council Meeting on 23 August 2004, and following the adoption of the Port Macquarie-Hastings Local Infrastructure Contributions Plan (LICP) at the 2019 June 2025 Ordinary Council Meeting.

The draft policy is updating the process and requirements for WIKAs and DWDs, as there is no specific policy in place.

Purpose

The purpose of the draft policy is to outline Council’s requirements for developers who offer to enter into a WIKA or DWD to deliver public infrastructure as part of their developments.

It sets out Council’s position and procedures relating to WIKAs and DWDs and aims to improve efficiencies and provide consistency in the components of entering into an WKIA or DWD between Council and a developer to deliver infrastructure such as local roads, water, sewer, stormwater, active transport links, recreation facilities and other community facilities, identified in Council’s LICP or Development Servicing Plan (DSP), in lieu of payment of Section 7.11 development contributions or Section 64 developer charges, which is required as part of developments where that is in Council and the community’s interest.

Objective of WIKAs and DWDs

Council enters into WIKAs or DWDs with developers to provide public benefits in conjunction with a development consent or Section 306 notice of requirements. The agreements and deeds are voluntary, and the public benefits can be in the form of the delivery of public infrastructure identified in the LICP or DSP, the dedication of land or the provision of material public benefits directly, in lieu of development contributions or developer charges required as part of their development.

Standard templates

Council has prepared standard WIKA and DWD templates to assist developers in preparing a WIKA or DWD. The templates contain clauses that Council considers to be standard and mandatory inclusions in all WIKAs and DWDs. Any variation will need to be negotiated and agreed upon by Council. These templates can be viewed on the right-hand side of this page under documents.

During the public exhibition period, all interested persons are encouraged to view the draft policy and provide written comments. All comments will be reported to a future Council meeting for consideration before a final decision is made. Please note that any submission may be made public. Contact details remain confidential, however, you can let us know if you would like your name to remain confidential.