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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 25 August 2017 to date (accessed 20 September 2017 at 08:31)
93I   Circumstances in which planning agreements can or cannot be required to be made
(1)  A provision of an environmental planning instrument (being a provision made after the commencement of this section):
(a)  that expressly requires a planning agreement to be entered into before a development application can be made, considered or determined, or
(b)  that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into,
has no effect.
(2)  A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement.
(3)  However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with:
(a)  the development application, or
(b)  a change to an environmental planning instrument sought by the developer for the purposes of making the development application,
or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A.
(4)  In this section, planning agreement includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 93F.