Planning Agreements

planning agreements

A Planning Agreement is an agreement entered into by Council and a developer where the developer agrees to fund public amenities or infrastructure, dedicate land at no cost to Council, provide monetary contributions or any other material public benefit, for a public purpose. A public purpose may include any of the following:

  • 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/or
  • The conservation or enhancement of the natural environment.

The use of planning agreements has increased as a result of their flexibility in allowing Council to capture public benefits outside of the infrastructure contributions system where there is a need for an innovative and flexible approach to deliver public infrastructure and services.

Planning agreements are entered into in relation to a development application or an amendment to the Local Environmental Plan. Planning agreements cannot be entered into unless public notice has been given and the community has been given opportunity to comment on any proposed agreement.

Information about planning agreements can be found in 7.4 of the Environmental Planning and Assessment Act 1979.

PLANNING AGREEMENT POLICY - SOLAR AND WIND ENERGY FARMS

Council’s Planning Agreement Policy for Solar and Wind Energy Farms became effective on 12 April 2021 and can be found on Council's dedicated webpage; Policies

The purpose of the policy is to establish the framework to guide the preparation of planning agreements with respect to solar energy farms and wind energy farms in the local government area.

The policy provides a clear and transparent framework governing the negotiation, assessment and use of planning agreements and ensures that the framework is consistent, efficient, fair and accountable.

CURRENT PLANNING AGREEMENTS

Date Description of Development Parties in Agreement Document/s Agreement Details
20 December 2021
Uungula Wind Farm
State Significant Development SSD-6687

Construction, operation and decommissioning of a wind farm with up to 97 turbines and ancillary operating infrastructure, approximately 14km east of Wellington
Uungula Wind Farm Pty Ltd

Planning Agreement (PDF 5MB)

Explanatory Note (PDF 866.6KB)

Development Application

The Planning Agreement requires:

  • The Developer to pay to Council $3,309 per annum (subject to CPI increases) per turbine constructed or under construction;
  • Council to allocate the monetary contributions across four funding streams as follows:
    Funding part 1 – Strategic analysis
    Years 1 – 5: 15% of the total
    Year 6 onwards: 0% of the total
    Funding part 2 – Strategic projects
    Years 1 – 5: 38% of the total
    Year 6 onwards: 45.5% of the total
    Funding part 3 – Community benefit fund
    Years 1 – 5: 38% of the total
    Year 6 onwards: 45.5% of the total
    Funding part 4 – Road maintenance works
    Years 1 – 5: 9% of the total
    Year 6 onwards: 9% of the total
  • A committee established by Council to administer the expenditure of monetary contributions under Part 3 Community benefit fund.

The Planning Agreement will result in Council receiving up to $320,973 per annum (subject to CPI increases) over the project’s 25 year duration.

July 2021 RAAF Base
D17-199

Three stage subdivision and master plan at the former RAAF Stores Depot, Palmer Street, Dubbo (Lot 11 DP1050240)
MAAS Group

Planning Agreement
 (PDF 8.1MB)

Deed of Assignment (PDF 3MB)

Explanatory Note (PDF 428.6KB)

Development Application

The Planning Agreement requires:

  • The Developer to receive a credit of $2,360,200 (subject to CPI increases) for the provision of stormwater infrastructure, including stormwater basins and in-kind contributions;
  • The Developer to receive a credit of $2,202,000 (subject to CPI increases) for development in respect to proposed Lot 10, including landscaping, future maintenance, works in respect to supervised public visitation inside the former communications bunker, and for the dedication of the land to Council;
  • The Developer to receive a credit of $611,000 (subject to CPI increases) for the construction of a signalised intersection on Cobra Street, which is approximately 30% of the overall value of the works; and
  • The Developer to pay to Council infrastructure contributions in accordance with 7.11 of the Environmental Planning and Assessment Act 1979 after the credits have been exhausted.
26 July 2018 Sheraton Road Quarry
D16-482

Extractive industry (quarry) at 20L Sheraton Road, Dubbo (Lot 211 DP1220433)
Regional Hardrock Pty Ltd

Planning Agreement including Explanatory Note as Appendix (PDF 760.4KB)

Development Application

The Planning Agreement requires:

  • The Developer to pay to Council $0.10 per tonne (subject to CPI increases) of material extracted from the site for a period of 30 years
  • Council to allocate the monetary contributions towards the maintenance of Sheraton Road, Dubbo
17 October 2014 Dubbo Zirconia Project
State Significant Development SSD-5251

Mining and processing of ore containing rare metals and rare earth elements, approximately 25km south of Dubbo
Australian Zirconia Limited

Planning Agreement (PDF 6.9MB)

Explanatory Note (PDF 355.1KB)

Development Application

The Planning Agreement requires:

  • The Developer to pay to Council the following amounts per annum (subject to CPI increases) for the duration of the agreement or cessation of the operations of the development:
    Funding part 1 – Maintenance of Obley/Toongi Road: $300,000
    Funding part 2 – Providing and maintaining community infrastructure, local social amenity, or advancement of the economic development of the LGA: $84,000
  • The Developer to pay to Council $230,000 per annum (subject to CPI increases) for the first 10 years of the agreement or cessation of the operations of the development for developing the local road network for new or expanded housing developments

The Planning Agreement will result in Council receiving up to $9,980,000 (subject to CPI increases) over the project’s 20 year duration.

August 2014 Rawsonville Road Quarry
D13-152

Extractive industry (quarry) at 22L Rawsonville Road, Dubbo (Lot 39 DP DP754303)
Sand Quarries Australia Pty Ltd

Regional Sands (Dubbo) Pty Ltd

Planning Agreement including Explanatory Note as Schedule 2 (PDF 6.2MB)

Deed of Assignment (PDF 2.6MB)

Development Application

The Planning Agreement requires:

  • The Developer to pay to Council $0.60 per tonne (subject to CPI increases) of material dispatched from the site
  • The Developer to upgrade the intersection at Rawsonville Road and Burraway Road when the production level from the quarry reaches 75,000 tonnes per annum averaged over the previous three years
  • The Developer to upgrade Rawsonville Road to a bitumen seal, if deemed necessary by an independent review, when the production level from the quarry reaches 90,000 tonnes per annum averaged over the previous three years
12 March 2013 Bodangora Wind Farm
Major Project MP10_0157

Construction, operation and decommissioning of a wind farm with up to 33 turbines and ancillary operating infrastructure, approximately 15km north-east of Wellington
Bodangora Wind Farm Pty Ltd

Planning Agreement (PDF 843.3KB)

Development Application

The Planning Agreement requires:

  • The Developer to pay to Council the following amounts per annum (subject to CPI increases), and Council to allocate the monetary contributions across three funding streams as follows:
    Funding part 1 – Community benefit fund: $50,000
    Funding part 2 – Road maintenance: $25,000
    Project related Council administration and observations: $10,000
  • The Developer to pay to Council $120 per tonne (subject to CPI increases) plus any carbon cost imposed by the waste management facility that accepts the waste generated by the project.

The Planning Agreement will result in Council receiving up to $85,000 per annum (subject to CPI increases) over the project’s 25 year duration.

EXPIRED PLANNING AGREEMENTS

Date Description of Development Parties in Agreement Document/s Agreement Details
7 August 2014 Cobbora Coal Project
Major Project MP10_0001

Open cut coal mine to produce up to 12 million tonnes of coal a year for 21 years, approximately 22km south-west of Dubbo
Cobbora Holding Pty Ltd

Planning Agreement (PDF 7.2MB)

Development Application

The Planning Agreement requires:

  • The Developer to pay to Council $250 per annum (subject to CPI increases) based on the number of persons employed during the construction phase
  • The Developer to pay to Council $150 per annum (subject to CPI increases) based on the number of persons employed during the operational phase, plus $400 per person (subject to CPI increases) based on the number of persons who reside in the Local Government Area
  • The Developer to pay to Council $250 per annum (subject to CPI increases) based on the number of persons employed during the rehabilitation phase










Last Edited: 27 Jan 2022

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