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NSW Department of Planning, Industry and Environment
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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.
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  • 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

 

Ministerial Directions

 
Name Date issued Description
NameEnvironmental Planning and Assessment (Planning Agreements) Direction 2018 Date issued28 February 2019 DescriptionRequires all councils to consider a series of matters when negotiating a planning agreement with a developer for the purposes of affordable housing in connection with a development.

Practice Notes

 
Name Date issued Description
NamePractice Note on Planning Agreements Date issuedJuly 2005 DescriptionThis practice note provides detailed guidance on the negotiation, administration and making of planning agreements.

 

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.

 

Page last updated: 12/03/2020