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 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.

The current fee for entering into a planning agreement is found in Council's fees and charges document at Integrated Planning and Reporting

RENEWABLE ENERGY BENEFIT FRAMEWORK

Council’s Renewable Energy Benefit Framework became effective on 8 December 2022 and was amended on 10 December 2024. Download a copy of the Framework Renewable Energy Benefit Framework 10 December 2024 (PDF 185.8KB)

The purpose of the Framework is to provide guidance to developers of Electricity Generating Works about Council’s requirements to deliver benefits to the community through planning agreements. It provides a clear and transparent way to govern the negotiation, assessment and use of planning agreements for Electricity Generating Works, and ensure they are applied in a consistent, efficient, fair and accountable way.

Proponents will be required to enter into a planning agreement with Council, with funding requirements to be equivalent to:

Electricity Generating Works

This includes solar energy farms, wind energy farms, pumped hydro, hydrogen energy developments and any other development that meets the definition of Electricity Generating Works.

Wind energy farms

Funding received by Council is $1,050 per megawatt per annum, with payment of funds as annual payments from the commencement of construction.

Solar energy farms

Funding received by Council $850 per megawatt per annum, with payment of funds as annual payments from the commencement of construction.

Pumped hydro, hydrogen energy and other development that meets the definition of Electricity Generating Works

Funding received by Council is $850 per megawatt per annum, with payment of funds as annual payments from the commencement of construction.

Battery Energy Storage Systems

Funding received by Council is $150 per megawatt hour per annum, with payment of funds as annual payments from commencement of construction.

CURRENT PLANNING AGREEMENTS

Date	Description of Development	Parties in Agreement	Document/s	Agreement Details
23 January 2025	Wellington South Battery Energy Storage System SSD-27014706 Development of a 1000 MWh battery energy storage system and associated infrastructure and connection works	The Trustee for WEBESS01 Project Trust	Planning Agreement (PDF 6.9MB) Explanatory Note (PDF 1.5MB) Development Application	The Planning Agreement requires: The Developer to pay Council $613,125 at commencement of operations, which will be utilised for youth welfare and support initiatives in Wellington and for administration of the Planning Agreement for year 1 to year 5. The Developer to pay to Council $613,125 every 5 years from Year 6 to Year 20 onwards, which will be utilised for Strategic Projects and for administration of the Planning Agreement. Funds will be indexed in accordance with CPI The Planning Agreement will result in Council receiving $2,452,500 (subject to CPI increases) over a 20-year period.
19 August 2024	Orana Battery Energy Storage System SSD-45242780 Development of a 400 MW battery energy storage system and associated infrastructure and connection works	Wellington Battery ProjectCo Pty Ltd	Planning Agreement (PDF 7MB) Explanatory Note (PDF 1.5MB) Development Application	The Planning Agreement requires: The Developer to pay Council $1.3 million at commencement of operations, which will be utilised for the Wellington Road Shared Pathway The Developer to pay to Council $160,000 from Year 8 onwards and annually Council to allocate monetary contributions towards community benefits identified in the Renewable Energy Benefit Framework Funds will be indexed in accordance with CPI The Planning Agreement will result in Council receiving $3,200,000 (subject to CPI increases) over a 20-year period.
15 May 2024	Forest Glen Solar Farm SSD-9451258 Construction and operation of a 90 MW solar farm and associated infrastructure at 30L Minore Road, Dubbo	X-ELIO Roma Hub Solar Farm Pty Ltd	Planning Agreement including Explanatory Note (PDF 2.5MB) Development Application	The Planning Agreement requires: The Developer to pay Council $200,000 per year Council to allocate monetary contributions towards social housing development schemes which aim to provide an innovative assistance solution to develop community housing in the Dubbo Regional Local Government Area Funds will be payable annually, commencing from construction commencement date Funds will be indexed in accordance with CPI The Planning Agreement will result in Council receiving $1,000,000 (subject to CPI increases) over a 5-year period.
8 March 2024	Spicers Creek Wind Farm SSD-41134610 Construction, operation and decommissioning of a wind farm with up to 122 turbines, a battery with nominal storage of 400MW/400MWh and ancillary operating infrastructure, approximately 25km north west of Gulgong	Spicers Creek Wind Farm Pty Ltd	Planning Agreement (PDF 7.3MB) Explanatory Note (PDF 95.4KB) Development Application	The Planning Agreement requires: The Developer to pay 1.5% of the Capital Investment Value of the final layout of the projected, prorated based on the number of turbines in the Dubbo Regional LGA Council to allocate the monetary contributions across five funding streams as follows: Funding part 1 – Strategic Projects Years 1 – 5: 54% of the total (project nominated as replacement of the Forestvale Road causeway with a bridge) Year 6 onwards: 54% of the total Funding part 2 – Community benefit fund Years 1 – 5: 6% of the total Year 6 onwards: 6% of the total Funding part 3 – Road projects Years 1 – 5: 38% of the total Funding part 4 – Local Projects Year 6 onwards: 38% of the total Funding part 5 – Administration Years 1 – 5: 2% of the total Year 6 onwards: 2% of the total Funds will be payable to Council annually, commencing from the construction of the project, for the life of the project (30 years). Funds will be indexed in accordance with CPI from the Anniversary of the date of the Agreement.
12 December 2023	Dubbo Quarry Continuation Project State Significant Development SSD-10417 Expansion of an extractive industry (quarry) at 22L Sheraton Road, Dubbo (Lot 222 and Part Lot 221 DP1247780, Part lot 100 DP628628)	HOLCIM (Australia) Pty Limited	Planning Agreement including Explanatory Note as Appendix (PDF 7.1MB) Development Application	The Planning Agreement requires: The Developer to pay Council a single lump sum of $600,000 (plus 1 year of CPI) within 1 year of the SSD consent being operational, for improvements of Sheraton Road The Developer to pay to Council $0.10 per tonne (subject to CPI increases) of material extracted from the Western Extraction Area and/or the Southern Extraction Area Council to allocate the monetary contributions towards the maintenance of impacted roads
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.