Planning agreements policy

Planning agreements are a tool that allows planning authorities and developers to work together to deliver innovative infrastructure outcomes.

Planning agreements can be negotiated at both the local and State government level. They are a legal agreement between a developer and a planning authority and are usually negotiated when a developer is submitting a development application or a planning proposal.

• State planning agreements: These are negotiated between a developer and the Minister for Planning and Public Spaces, for the provision of regional or State infrastructure. Information on State planning agreements, including a register of these agreements, can be found at State Voluntary Planning Agreements.

 

• Local planning agreements: These are negotiated between a developer and a council, for the provision of infrastructure to support communities. Each council must keep a register of all planning agreements they enter into and make this register available to the public.

The policies that govern how planning agreements can be used are found below. They include legislation, directions made by the Minister for Planning and Public Spaces and practice notes.

Legislation

• Environmental Planning and Assessment Act 1979 – Provides the legislative framework for planning agreements.
  For more details see Part 7 Division 7.1 Subdivision 2 on the NSW legislation website.

 

• Environmental Planning and Assessment Regulation 2000 – Provides further requirements relating to the making, amending and revocation of planning agreements, giving public notice and other procedural arrangements.
  For more details See Part 4 Division 1A on the NSW legislation website.

Ministerial Directions

Practice Notes

Note: The practice note on planning agreements should be read in conjunction with other infrastructure contributions practice notes.

Circulars

From time to time the Department will issue circulars providing additional information on a variety of policy issues. If you would like to look at a particular circular, go to Planning System Circulars.