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.

RENEWABLE ENERGY BENEFIT FRAMEWORK

Council’s Renewable Energy Benefit Framework became effective on 8 December 2022 and was amended on 15 February 2024. Download a copy of the Framework Renewable Energy Benefit Framework (PDF 516.1KB)

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:

  • 1.5% of the Capital Investment Value of the project
  •  

    Battery Energy Storage Systems

    • 0.5% of the Capital Investment Value of the project, with payment of all funds prior to the commencement of the development, or
    • 0.75% of the Capital Investment Value of the project, with the payment of funds as annual payments.

     

    CURRENT PLANNING AGREEMENTS

    Date Description of Development Parties in Agreement Document/s Agreement Details
     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
    1 August 2023 Joira Road
    D21-820

    59 lot subdivision on the corner of Joira Road and Minore Road, Dubbo (Lot 10 DP1142232)
    Trustees of the Roman Catholic Church for the Diocese of Bathurst 

    Planning Agreement (PDF 7MB)

    Explanatory Note (PDF 83.5KB)

    Development Application

     The Planning Agreement requires:

    • The Developer to dedicate 1,196m2 of road along the Minore Road frontage to Council for road widening purposes
    • The Developer to receive a credit of $55,000 to the overall amount payable under the amended Section 94 Contributions Plan for Roads, Traffic Management and Car Parking
    • The Developer to pay $107,801.90 to Council for the Citywide Planning Unit under the Section 7.11 Open Space and Recreation Facilities 
    • The Developer to receive a credit of $246,084.30 to the overall amount payable under the Section 7.11 Open Space and Recreation Facilities for the prior transfer of Lot 11 DP1142232 to Council
    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: 29 Feb 2024

    Section Menu
    Search