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Contents (2000 - 557)
Environmental Planning and Assessment Regulation 2000
Current version for 1 October 2017 to date (accessed 24 November 2017 at 16:27)
Part 4 Division 1A
Division 1A Planning agreements
25B   Form and subject-matter of planning agreements
(1)  A planning agreement must:
(a)  be in writing, and
(b)  be signed by the parties to the agreement.
Note.
 Section 93F (10) of the Act requires a planning agreement to conform with the Act, environmental planning instruments and development consents applying to the relevant land.
(2)  The Secretary may from time to time issue practice notes to assist parties in the preparation of planning agreements.
Note.
 Under section 93K of the Act the Minister may give planning authorities directions on requirements with respect to planning agreements.
25C   Making, amendment and revocation of agreements
(1)  A planning agreement is not entered into until it is signed by all the parties to the agreement.
Note.
 Section 93G of the Act provides that the agreement cannot be entered into until public notice of the proposed agreement has been given.
(2)  A planning agreement may specify that it does not take effect until:
(a)  if the agreement relates to a proposed change to an environmental planning instrument—the date the change is made, or
(b)  if the agreement relates to a development application or proposed development application—the date consent to the application is granted.
(3)  A planning agreement may be amended or revoked by further agreement in writing signed by the parties to the agreement (including by means of a subsequent planning agreement).
25D   Public notice of planning agreements
(1)  If a planning authority proposes to enter into a planning agreement, or an agreement to amend or revoke a planning agreement, in connection with a development application or a project application, the planning authority is to ensure that public notice of the proposed agreement, amendment or revocation is given:
(a)  in the case of an agreement in connection with a development application:
(i)  if practicable, as part of and contemporaneously with, and in the same manner as, any notice of the development application that is required to be given by a consent authority for a development application by or under the Act, or
(ii)  if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of the development application that is required to be given by a consent authority for a development application by or under the Act and in the manner determined by the planning authorities that are parties to the agreement, or
(b)  in the case of an agreement in connection with a project application:
(i)  if practicable, as part of and contemporaneously with, and in the same manner as, any notice of an environmental assessment in connection with the application that is required to be given by the Secretary by or under the Act, or
(ii)  if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of an environmental assessment for the project that is required to be given by the Secretary by or under the Act and in the manner determined by the planning authorities that are parties to the agreement.
(1A)  If a planning authority proposes to enter into a planning agreement, or an agreement to amend or revoke a planning agreement, in connection with a proposed change to a local environmental plan, the planning authority is to ensure that public notice of the proposed agreement, amendment or revocation is given:
(a)  if practicable, as part of and contemporaneously with, and in the same manner as, any public notice of the relevant planning proposal that is required under Part 3 of the Act, or
(b)  if it is not practicable for notice to be given contemporaneously, as soon as possible after any public notice of the relevant planning proposal that is required under Part 3 of the Act and in the manner determined by the planning authorities that are parties to the agreement.
(2)    (Repealed)
(2A)  In the case of a planning agreement of a kind other than an agreement referred to in subclause (1), (1A) or (2) of which public notice is required to be given under section 93G of the Act, the Secretary is to ensure that public notice of the proposed agreement, amendment or revocation is given not less than 28 days before the agreement is entered into or amended or revoked and in the manner determined by the planning authorities that are parties to the agreement.
(3)  The public notice of a proposed agreement, amendment or revocation must specify the arrangements relating to inspection by the public of copies of the proposed agreement, amendment or revocation.
(4)  In this clause:
project application has the same meaning as it has in Part 1A.
Note.
 Section 93G of the Act requires a copy of the proposed agreement, amendment or revocation to be made available for inspection by the public for a period of not less than 28 days.
25E   Explanatory note
(1)  A planning authority proposing to enter into a planning agreement, or an agreement that revokes or amends a planning agreement, must prepare a written statement (referred to in this Division as an explanatory note):
(a)  that summarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and
(b)  that contains an assessment of the merits of the proposed agreement, amendment or revocation, including the impact (positive or negative) on the public or any relevant section of the public.
(2)  Without limiting subclause (1), an explanatory note must:
(a)  identify how the agreement, amendment or revocation promotes the public interest and one or more of the objects of the Act, and
(b)  if the planning authority is a development corporation, identify how the agreement, amendment or revocation promotes one or more of its responsibilities under the Growth Centres (Development Corporations) Act 1974, and
(c)  if the planning authority is a public authority constituted by or under an Act, identify how the planning agreement, amendment or revocation promotes one or more of the objects (if any) of the Act by or under which it is constituted, and
(d)  if the planning authority is a council, identify how the agreement, amendment or revocation promotes one or more of the elements of the council’s charter under section 8 of the Local Government Act 1993, and
(e)  identify a planning purpose or purposes served by the agreement, amendment or revocation, and contain an assessment of whether the agreement, amendment or revocation provides for a reasonable means of achieving that purpose, and
(f)  identify whether the agreement, amendment or revocation conforms with the planning authority’s capital works program (if any), and
(g)  state whether the agreement, amendment or revocation specifies that certain requirements of the agreement must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued.
(3)  The explanatory note is to be prepared jointly with the other parties proposing to enter into the planning agreement.
(4)  However, if 2 or more planning authorities propose to enter into a planning agreement, an explanatory note may include separate assessments prepared by the planning authorities in relation to matters affecting only one of the planning authorities, or affecting those planning authorities in a different manner.
(5)  A copy of the explanatory note must be exhibited with the copy of the proposed agreement, amendment or revocation when it is made available for inspection by the public in accordance with the Act.
(6)  If a council is not a party to a planning agreement that applies to the area of the council, a copy of the explanatory note must be provided to the council when a copy of the agreement is provided to the council under section 93G (4) of the Act.
(7)  A planning agreement may provide that the explanatory note is not to be used to assist in construing the agreement.
25F   Councils to facilitate public inspection of relevant planning agreements
(1)  A council must keep a planning agreement register.
(2)  The council must record in the register a short description of any planning agreement (including any amendment) that applies to the area of the council, including the date the agreement was entered into, the names of the parties and the land to which it applies.
(3)  A council must make the following available for public inspection (free of charge) during the ordinary office hours of the council:
(a)  the planning agreement register kept by the council,
(b)  copies of all planning agreements (including amendments) that apply to the area of the council,
(c)  copies of the explanatory notes relating to those agreements or amendments.
(4)  In this clause, planning agreement includes a planning agreement to which the council is not a party but which has been provided to the council under the Act.
25G   Secretary to facilitate public inspection of relevant planning agreements
(1)  The Secretary must keep a planning agreement register.
(2)  The Secretary must record in the register a short description of any planning agreement (including any amendment) entered into by the Minister, including the date the agreement was entered into, the names of the parties and the land to which it applies.
(3)  The Secretary must make the following available for public inspection (free of charge) during the ordinary office hours of the Department:
(a)  the planning agreement register kept by the Secretary,
(b)  copies of all planning agreements (including amendments) to which the Minister is a party,
(c)  copies of the explanatory notes relating to those agreements or amendments.
25H   Other planning authorities to facilitate public inspection of relevant planning agreements
A planning authority (not being a council or the Minister) must make the following available for public inspection (free of charge) during the ordinary office hours of the planning authority:
(a)  copies of all planning agreements (including amendments) to which it is a party,
(b)  copies of the explanatory notes relating to those agreements or amendments.