Planning Agreements

charles beans.jpg

Image: Charles Bean Sportsfield on the former UTS site on Eton Road 

Planning agreements - under s7.4 of the Environmental Planning and Assessment Act 1979 - formerly s93F.

What is a planning agreement?

A Planning Agreement (PA) is made between Council and a developer. It may facilitate the dedication of land for a public purpose. It may specify how works identified in a Development Contributions Plan are to be delivered on behalf of council and concurrent with a particular development. In the case of a large development, a planning agreement may provide for additional public purposes such as the provision of additional community infrastructure as a material public benefit.

Planning Agreements are authorised and regulated by the Environmental Planning and Assessment Act, 1979.

Our policy

Ku-ring-gai Council has adopted a policy to guide the preparation, negotiation and exhibition of Planning Agreements.  Download Ku-ring-gai Planning Agreement Policy 2016 here:

Planning Agreement Policy 2016 (pdf. 701KB)

All applicants who are considering making a formal offer to enter into a planning agreement are advised to consider Council’s policy and to seek a preliminary meeting before making a formal offer. All letters of offer to enter into a future Planning Agreement are formally reported to Council for consideration prior to the commencement of the formal negotiation process. Draft Planning Agreements are reported to Council for a resolution to instigate the statutory exhibition period for public comment which runs for a minimum of 28 days.  Following exhibition, the draft Planning Agreement is, again, reported to Council. At Ku-ring-gai Council, Council Meetings are held once a month with a Community Forum held the week before. Where a proposed planning agreement is intended to accompany a Development Application, it is important to factor in this timeline.

Council’s Meeting Schedules

The current Planning Agreement Policy is a revision of the now superseded Planning Agreement Policy 2008. Some of the Planning Agreements listed below were negotiated under the superseded Planning Agreement Policy

Planning Agreement Register

To find out more about current and proposed Planning Agreements applying to Ku-ring-gai Council, please click on the links below, or alternatively they can be viewed our Council Chambers during business hours on request.

Proposed Planning Agreements

Proposed PAs are draft documents that have been reported to Council for the purposes of public exhibition but have not been executed. These drafts may currently be on exhibition or may have recently completed exhibition but have not yet been entered into by both parties. The results of the public exhibition process will inform Council’s decision to enter into a Planning Agreement. Once a Planning Agreement is entered into, or executed, they appear under the heading: Planning Agreements entered into.

The first step in negotiating a planning agreement is the lodgement with Council of a formal Letter of Offer. Letters of Offer are presented to Councillors as part of the normal course of Council Business, usually as part of a Business Paper for an ordinary Meeting of Council. The formal negotiation process follows the formal Letter of Offer. Once a draft document is in a near final form, it is reported to Council for exhibition and becomes a formal draft Planning Agreement at which point it is entered into the Register below. There are currently no draft Planning Agreements that have been reported to Council for exhibition but have not yet been formally entered into.

Planning Agreements entered into

Havilah Lane Land Dedications - 51, 55 and 55A Lindfield Avenue Lindfield

This Planning Agreement provides for the dedication of land along the Havilah Lane rear frontage of 51, 55 and 55A Lindfield Avenue Lindfield for the purposes of widening Havilah Lane and supporting future public domain improvements in accordance with the Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

Planning Agreement (pdf. 2MB)

Please note that the Explanatory Note is at the end of the above document.

This Planning Agreement was entered into by Council on 3 September 2018 and by the developer Mayrin Three Pty Ltd on 3 October 2018.

Development Application DA0175/17 was approved by the Land and Environment Court on 23 March 2018.

Post Office Lane Land Dedications – 1017 Pacific Highway Pymble

This Planning Agreement provides for the dedication of land along the Post Office Lane rear frontage of 1017 Pacific Highway, Pymble for the purposes of widening Post Office Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010. It also provides for an easement in gross for a public pedestrian through site link between the Pacific Highway and Post Office Lane.

Planning Agreement (pdf. 2MB)

Please note that the proposed Easement in Gross is Annexure A to the above document.

Please note that the proposed dedication area is shown in the Plan of Subdivision at Annexure B to the above document.

Please note that the Explanatory Note is at the end of the above document. 

This Planning Agreement was entered into by Council on 6 March 2018.

The Planning Agreement was subsequently executed by the developers on 3 September 2018 and is now current.

Development Application DA0039/16 was approved by Council on 7 October 2014.

Fitzsimons Lane Land Dedications – 900 Pacific Highway Gordon

This Planning Agreement provides for the dedication of land along the Fitzsimons Lane rear frontage of 900 Pacific Highway, Gordon for the purposes of widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

Planning Agreement

Please note that the proposed dedication area is shown in the Plan of Subdivision at Annexure A to the above document.

Please note that the Explanatory Note is at the end of the above document.

This Planning Agreement was entered into by Council on 5 July 2018.

The Planning Agreement was subsequently executed by the developers and is now current.

Development Application DA0226/16 was approved by the Land and Environment Court on 6 December 2016.

Fitzsimons Lane Land Dedications – 870-898 Pacific Highway Gordon

This Planning Agreement provides for the dedication of land along the Fitzsimons Lane rear frontage of 870-898 Pacific Highway, Gordon for the purposes of widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

Planning Agreement (pdf. 3MB)

Please note that the proposed dedication area is shown in the Plan of Subdivision at Annexure A to the above document.

Please note that the Explanatory Note is at the end of the above document.

This Planning Agreement was entered into by Council on 6 March 2018.

The Planning Agreement was subsequently executed by the developers and is now current.

Development Application DA0180/14 was approved by the Sydney West Joint Regional Planning Panel on 26 July 2016.

Moree Street Gordon New Road Link (partial)

This Planning Agreement provides for the delivery of a public road on 33 Moree Street Gordon, and specifies the relationship between this work and the development contributions arising from the proposed development adjoining the proposed new road and located on 29, 29A and 31 Moree Street Gordon.

Redevelopment around Ku-ring-gai's local centres gives rise to new infrastructure demands. In Gordon, a number of works are proposed to improve traffic and pedestrian circulation around the local centre. The Voluntary Planning Agreement is designed to facilitate the delivery of a partial road link between Moree Street and Dumaresq Streets in Gordon concurrent with adjoining development.

Planning Agreement (pdf. 2MB)

Schedule 3 to the Planning Agreement - Road Specifications (pdf. 218MB)

Engineering Specifications as Appendices

Please note that the works on the Dumaresq Street section of the road are the subject of an existing executed planning agreement which is listed below.

The Explanatory Note is located within the Planning Agreement at the end of the document.

This Planning Agreement was executed on 23 November 2017. .

Development Application DA0095/15 was determined on 28 February 2017.

Following separate statutory procedures for the naming and opening of the new road, the matter was formally reported to the Ordinary Council Meeting of 20 August 2019 to be gazetted and named Hanson Way.

Fitzsimons Lane Land Dedications – 904-914 Pacific Highway Gordon

This Planning Agreement provides for the dedication of land along the Fitzsimons Lane rear frontage of 904-914 Pacific Highway, Gordon for the purposes of widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010. This Planning Agreement was executed on 24 February 2017 in counterparts which were then exchanged. Each part forms the whole. Copies of both counterparts appear below.

Planning Agreement executed by WN Developments (pdf. 1MB)

Planning Agreement executed by Ku-ring-gai Council (pdf. 5MB)

Please note that the Explanatory Note appears as an Appendix at the end of the document.

Development Application DA0407/13 was determined on 7 October 2014.

Dumaresq Street Gordon New Road Link (partial)

This Planning Agreement provides for the delivery of a future public road on 32 Dumaresq Street, Gordon, and specifies the relationship between this work and the development contributions arising from the proposed development. It also provides for the divestment by Council at an agreed market value of a strip of residual land between the road and the 28-30 Dumaresq Street Gordon subject property.

Development Application DA0501/12 was determined on 23 May 2014. The Planning Agreement was executed on Monday, 25 September 2014. DA0501/12 lapsed and was replaced by a subsequent Development Application. Development Application DA0434/15 was determined on 24 March 2016.

Deed Voluntary Planning Agreement between Australia Wenzhou Group and Council (pdf. 7MB)*

Please note that the explanatory note appears as the Appendix to the above document.

This development site was subsequently on-sold to a new development company. The Planning Agreement was formally novated to the new owners.

Deed of Novation (pdf. 1019KB)

Original Voluntary Planning Agreement attached to the Deed of Novation (pdf. 6MB)

Following separate statutory procedures for the naming and opening of the new road, the matter was formally reported to the Ordinary Council Meeting of 20 August 2019 to be gazetted and named Hanson Way.

Edgelea Development 100 Eton Road Lindfield NSW 2070

In 2012, Defence Housing Australia in accordance with the terms of Condition B13 of Concept Approval MP06_0130 (issued by the Minister for Planning) entered into a voluntary planning agreement (VPA) with Council in connection with the redevelopment of the UTS Ku-ring-gai site, known as 100 Eton Road Lindfield.

The agreement is linked to the first stage of development, being the initial subdivision, land dedication and embellishment works. Under the proposed VPA the developer will be required to pay monetary contributions and provide other material public benefits which include:

  • minimum of 9,800 m² of land for a soccer field (sports field);
  • 300m² of built community space plus associated amenities;
  • new public access roads and parking;
  • financial contribution for the future maintenance of the public roads in the vicinity of $200,000; and
  • environmental land.

Edgelea Development 100 Eton Road Lindfield NSW 2070 (also known as UTS Ku-ring-gai) DA0677/11 (pdf. 3MB)

*Please note that the explanatory note appears as Annexure B of the above document.

Past Planning Agreements now discharged

No Planning Agreements have, as yet, been formally discharged although several are substantially complete pending only the formal expiry of defects liability periods and/or final administrative processes.

hanson-way

Image: Hanson Way between Moree Street and Dumaresq Street in Gordon prior to opening (July 2019).