Planning agreements

A planning agreement (also known as a voluntary planning agreement) is an offer by a developer to Council to dedicate land, make monetary contributions, or provide any other material public benefit, to be used for or applied toward a public purpose. A public purpose includes the provision of:

a community facility;
affordable housing;
transport or other infrastructure relating to the development;
the funding of recurrent expenditure relating to the provision of community facilities, affordable housing or transport or other infrastructure;
the monitoring of the planning impacts of development; and
the conservation or enhancement of the natural environment.

Planning agreements are entered into in relation to a development application or an amendment to the Local Environmental Plan.

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Current Planning Agreements

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Date of agreement	Related development	Documents	Agreement details
9/12/2024	Rezoning of land at 1377 Hue Hue Road, Wyee	Planning Agreement(PDF, 42MB) Explanatory Note(PDF, 161KB)	The planning agreement requires the Developer to provide biodiversity land, including: restoring the ecological land to a self-sustaining native ecosystem prior to dedicating the land to Council, dedicating the ecological land to Council, and paying Council $100,111 (subject to indexation) to fund the management of the ecological land in perpetuity (endowment fund).
25/11/2024	DA/2236/2017 Residential subdivision development at 3 Transfield Avenue, Edgeworth and 80 Minmi Road, Minmi.	Planning Agreement(PDF, 33MB) Explanatory Note(PDF, 162KB)	The planning agreement requires the Developer to: Dedicate ecological offset land to Council, and pay Council $761,000 (subject to indexation) to fund the management of the ecological offset land in perpetuity (endowment fund).
17/10/2022	DA/1430/2018 Consolidate parts of the Ramsgate Estate paper subdivision and adjoining land to create two large residential development lots, associated access roads, and provision of ecological offset land. Land at Wyee Point	Planning Agreement(PDF, 6MB) Explanatory Note(PDF, 92KB)	The planning agreement requires the Developer to provide biodiversity land, including: restoring the ecological offset land back to a self-sustaining native ecosystem prior to dedicating the land to Council, dedicating the ecological offset land to Council, paying Council $885,755 (subject to indexation) to fund the management of the ecological offset land in perpetuity (endowment fund), and paying Council $336,105 to secure Council’s landholdings for the purpose of ecological offsets. Council will retain ownership of these landholdings, with the payment by the Developer for the use of the land as ecological offset only.
01/03/2021	DA/764/2014 (Stockland Development Pty Ltd) – Glendale Shopping Centre	Planning Agreement(PDF, 9MB) Explanatory Note – Schedule 4 of the Planning Agreement	The planning agreement requires to the Developer to: Pay Council $1,005,900 (increased by indexation) towards the construction of road works by Council associated with Section 1 of Stage 1 of the Lake Macquarie Transport Interchange and Stockland Drive, and Transfer land to Council for the purpose of road widening associated with Section 2 of Stage 1 of the Lake Macquarie Transport Interchange.
03/06/2008	Rezoning of land at Northlakes Drive Cameron Park - Residential land subdivision (North Lakes Pty Limited)	Planning Agreement(PDF, 10MB) Explanatory Note(PDF, 38KB)	The Planning Agreement prescribes that the developer transfer to Council 102.44ha of land for conservation purposes.
26/11/2008	Rezoning of land at North Cooranbong - Residential land subdivision (Johnson Property Group Pty Limited)	Planning Agreement - 7 June 2021(PDF, 28MB) Explanatory Note - 2021(PDF, 513KB) Previous amended agreements	The Planning Agreement prescribes a range of public benefits in the form of land dedication, capital works and cash contributions that include the following: Open Space Land (indicative value $6.8 million) Recreation Facilities (indicative value $23.4 million) Community Facilities Land and Capital Works (indicative value $6.9 million) Road Works (indicative value $14.4 million) It also prescribes the dedication of 119.24ha of conservation land and payment of endowment fund monies approximately $1 million (plus indexation) relating to this environmental corridor. The agreement also requires the developer to maintain, for five years, the following facilities once completed: on site neighbourhood park on site sports facility and dog exercise park north and south local parks town common neighbourhood park and sports facility area and the multipurpose centre.
21/01/2015	DA/251/2013 (Hydrox Nominees Pty Limited) - Employment generating development at Windale	Planning Agreement(PDF, 3MB) Explanatory Note - Schedule 4 of the Planning Agreement	The Planning Agreement requires the Developer to provide biodiversity offset land near Wakefield Road, Ryhope including: acquire and transfer to Council various unformed roads land (4.35ha) undertake maintenance works on the proposed Environmental Conservation Land (ECL) which includes the preparation of a Vegetation Management Plan (VMP) for a minimum of three years, or until the land reaches a Stable State (as defined in the planning agreement) assist Council in the preparation of a Plan of Management (PoM) for the offset site and pay an endowment fund of $429,000 (plus indexation) to Council to support the ongoing management of the biodiversity offset lands. Under the Planning Agreement Council is required to reclassify the roads land from Operational land to Community land once it has been transferred to Council, to support its proposed end use as a biodiversity offset.
06/02/2017	MISC/43/2011 (Metromix Pty Limited) - Quarry extension at Teralba	Planning Agreement(PDF, 12MB) Explanatory Note - Schedule 3 of the Planning Agreement	The Planning Deed makes provision for the Developer to pay a haulage contribution to Council for the renewal and repair of parts of Rhondda Road, Wakefield Road, Northville Drive, Railway Street, William Street, Short Street, York Street, and Toronto Road, Teralba. The haulage contribution paid to Council is at a rate of $0.066 (plus indexation) per tonne per kilometre of materials hauled.
13/08/2018	(Hammersmith Management Pty Ltd) Rezoning of land at George Booth Drive Edgeworth	Planning Agreement and Explanatory Note(PDF, 3MB)	The Planning Agreement requires the Landowner to improve or maintain the biodiversity values of the Offset Land for a period of 10 years (or as otherwise agreed between the parties) from the date a construction certificate is granted for subdivision work on the Land. Once that maintenance period is complete, the Landowner will dedicate the Offset Land to Council. When the land is dedicated to Council, the Landowner will pay a monetary contribution to Council for the maintenance in perpetuity of the Offset Land from the date is dedicated. The Landowner has also agreed to register a BioBanking agreement for land within Lot 2 DP 1050996 and to acquire and retire biodiversity credits in connection with the Development of the Land.
03/03/2009	Rezoning of land at 270 Fishery Point Rd Bonnells Bay - Residential land subdivision (Stannic Securities Pty Limited)	Planning Agreement(PDF, 5MB) Explanatory Note(PDF, 42KB)	The Planning Agreement prescribed that the developer dedicates to Council an area of conservation land and provides a management plan for that area. The developer shall be responsible for the rehabilitation and maintenance of that area for a period of three years.
27/07/2020	Rezoning of land at 83 Jonathan Street, Eleebana (NS DR Properties Pty Ltd)	Planning Agreement(PDF, 7MB)	The Planning Agreement prescribes that the developer transfer to Council land for the public purpose of conserving the natural environment. It also prescribes the developer: Prepare of a Management Plan undertake a Maintenance Period of 5 years Pay a Monetary Contribution of $49,000 (plus indexation) to Council to support the ongoing management of the land

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Completed Planning Agreements

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Date of agreement	Related development	Documents	Agreement details
26/02/2007	DA/2416/2005 (Foundation Hill)	Planning Agreement(PDF, 225KB)	The Planning Agreement provided for the Developer to pay to Council a monetary contribution of $302,530.72 in lieu of providing 22 car parking spaces required as a result of the development on the development site. The Developer is also required to pay approximately $4,537.96 for Administration costs.
28/11/2007	DA/2/2006 (TIA Properties)	Planning Agreement(PDF, 371KB) Explanatory Note(PDF, 30KB)	The Planning Agreement provided for the developer to pay to Council a $98,748 monetary contribution in lieu of providing three car parking spaces on the development site.
29/05/2008	DA/231/2007 - Charlestown Square redevelopment (GPT RE Limited)	Planning Agreement Explanatory Note(PDF, 98KB)	The Planning Agreement prescribed that a range of public benefits be provided rather than a only monetary contribution towards centralised car parking provisions and vehicular access facilities. Public benefits include: 3,200-square-metres public car park at Charlestown; 46 place child care centre at Highfields; playing field at St John's Oval, Charlestown; landscaping and new amenities at Charlestown Oval as well as $500,000 towards landscape design; community room, youth facility, north and south piazza, bus shelters etc at Charlestown Square; $80,000 towards public domain improvements; $50,000 toward public art; $10,000 toward conservation of the Pickering Collection; new roads, bus and pedestrian facilities near Charlestown Square and remediation of Winding Creek, Charlestown. A further $500,000 is provided for Charlestown Open Space Endowment Fund.
29/05/2008	DA/2744/2005 and Amendments - Bulky goods showrooms, restaurant, Hillsborough Rd Warners Bay (BB Retail Capital Pty Limited)	Planning Agreement(PDF, 348KB) Explanatory Note(PDF, 38KB)	The Planning Agreement provided for the developer to undertake the installation of traffic signals and associated road works in accordance with the Lake Macquarie Section 94 Contributions Plan No 6 2007- Hillsborough Road. Estimated cost of works included in this agreement is $2,021,058
07/01/2009	DA/1313/2007 Supermarket and specialty shops at Swansea (Fabcot Pty Limited)	Planning Agreement(PDF, 181KB) Explanatory Note(PDF, 23MB)	The Planning Agreement provided for the following: a land exchange resulting in the transfer of an additional 1,330-square-metres of land to Council; construction of car parking spaces including kerb and guttering, paving, landscaping, lighting and car park stormwater works; provision of two bus shelters.
26/08/2009	DA/618/2009 (Trilogy ELD Pty Limited)	Planning Agreement(PDF, 4MB) Explanatory Note(PDF, 68KB)	The Planning Agreement provided for the developer to pay to Council a $60,000 monetary contribution in lieu of providing four car parking spaces on the development site and for administration costs.