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Draft Planning Agreement Policy

Draft Planning Agreement Policy

This public exhibition has now concluded.

Planning Agreements are voluntary arrangements between a developer and Council or other planning authority, where the developer agrees to dedicate land free of cost, pay a monetary contribution, provide a material public benefit, or any combination of the above, for public infrastructure or another public purpose.

Central Coast Council enters into a number of Planning Agreements each year, usually negotiated when a developer submits a development application or a Planning Proposal.

It is important Councils have policies and procedures in place to guide the negotiation, administration and making of Planning Agreements. This ensures transparency, fairness and flexibility of planning decisions.

A Planning Agreement Policy currently exists for the former Wyong Shire; however, there is no policy applying to the entire Central Coast Local Government Area.

A draft Planning Agreements Policy has been prepared to reflect updated references to the Environmental Planning and Assessment Regulation 2021 and Planning Agreements Practice Note (February 2021) (Department of Planning and Environment). Should the new Policy be adopted, the following policies will be repealed:

  • Former Wyong Shire Planning Agreement Policy;
  • Deed of Agreement and Bank Guarantee Policy;
  • Deferred Payment of Section 94 Contributions Policy

At its meeting, held 13 December 2022, Council resolved to exhibit the draft Planning Agreement Policy. Proceeding exhibition of the draft Central Coast Planning Agreements Policy, Council will Consider a further report on the results of community consultation.

Have Your Say  

Council asked the community to review and provide comment on the draft Policy.

Submissions were to be addressed to the Chief Executive Officer, Mr David Farmer, between Tuesday 7 February and 5pm Tuesday 7 March 2023 via:

Something you need to know: Under the Government Information (Public Access) Act, 2009 (GIPA Act), members of the public can seek access to the submissions and Council is unable to give assurance that the document will remain confidential.

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Charlotte Ryan

What is the purpose of the draft Planning Agreement Policy?

The purpose of this Policy is to ensure best practice principles, policies and procedures are implemented when Council enters into a Planning Agreement. This protects the public interest and the integrity of the planning process. The Policy establishes a framework to guide the preparation of Planning Agreements under Section 7.4 of the Environmental Planning and Assessment Act 1979 (the EP&A Act) and the Environmental Planning and Assessment Regulation 2021 (the Regulation).

Does Council already have a Planning Agreement Policy?

Council currently has a Planning Agreement Policy in place however it applies to the former Wyong Shire Council only. The adoption of a new Planning Agreement Policy will apply to the entire Central Coast LGA and allow for the repeal for the former Wyong Policy.

What was the Council Resolution on 13 December 2022?

At the Ordinary Council Meeting on 13 December 2022 it was resolved that Council: 

  1. Endorse the draft Central Coast Planning Agreements Policy for public exhibition for a period of not less than 28 days. 
  2. Consider a further report on the results of community consultation of the draft Central Coast Planning Agreements Policy. 
  3. Note that the former Wyong Shire Planning Agreement Policy, Deed of Agreement and Bank Guarantee Policy and Deferred Payment of Section 94 Contributions Policy will be repealed should a Central Coast Planning Agreements Policy be adopted. 
  4. Repeal the Voluntary Planning Agreement Policy for Gosford City Centre.

View Minutes from the Ordinary Council Meeting 13 December 2022.

How can I have my say?

The community were invited to have they say on the draft Policy between Tuesday 7 February and 5pm Tuesday 7 March 2023 by completing a submission addressed to the Chief Executive Officer, Mr David Farmer via:

  • Email: ask@centralcoast.nsw.gov.au
  • Post: PO Box 20, Wyong NSW 2259
  • or the online submission form (now closed)

For assistance in completing your submission, please email engageme@centralcoast.nsw.gov.au

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