PUBLIC EXHIBITION - Draft Amendment to the Georges River Policy on Planning Agreements

Background

In 2016 Council adopted the Georges River Policy on Planning Agreements 2016. The Policy provides guidelines for both the Council and developers to effectively negotiate and prepare Planning Agreements, and provides a template planning agreement document, as well as a list of suggested infrastructure and facilities that may be considered to have a public benefit.

The Policy sets out a clear and transparent framework governing the negotiation, assessment and use of planning agreements and ensures that the framework is consistent, efficient and accountable. The Policy provides an enhanced and more flexible development contributions system for Council.

The Environmental Planning and Assessment Act 1979 and Regulation provide the provisions relating to planning agreements. The Department of Planning, Infrastructure and Environment also provides information and guidelines on planning agreements.

Draft Amendments to Policy on Planning Agreements

A comprehensive review of the Georges River Planning Agreements Policy 2016 has been undertaken to strengthen the Policy in line with best practice and has addressed a number of Notices of Motion by the Council.

The exhibited Draft Georges River Planning Agreements Policy – Revision 2 (2020) marks up the amendments to the Policy. The key amendments to the draft Policy include:

1. Land Value Capture - the land value capture formula (one of the mechanisms to calculate contributions) has been amended and now requires an open book feasibility approach based on the current market value of a site and its existing improvements and the proposed residual land value of the site under the planning proposal. The developer is to provide Council with all feasibility inputs to undertake accurate feasibility modelling.
2. Residual Land Values – deletion of Appendix E - Table of Residual Land Values and new provisions requiring an open book feasibility approach.
3. Development Applications with clause 4.6 variations – VPAs that relate to development applications with variations under clause 4.6 of the LEP can only directly address the specific impacts of the additional floor area/variation.
4. Affordable Housing - new provisions enable VPAs in connection with a planning proposal that seek an increase to the maximum FSR or building height, to provide for affordable housing.
5. Council owned land - new provisions stating that Council will provide for public benefits on Council owned land by way of registering a covenant on the title and if that is not practicable, by way of Council entering into a VPA via a deed poll and registering the agreement on title, or making provision in the LEP.
6. Dedication of land under a VPA – amendment stating that Council will generally seek to value land being dedicated and that where the floor space potential of the dedicated land can be transferred and developed elsewhere on the site, the value of the dedicated land will be 25% of market value of the land prior to floor space transfer.
7. Amendments to the wording in various clauses in the draft Policy.

Council Meetings

The draft amendments to the Policy were reported to the Environment and Planning Committee Meeting on 9 March 2020 and Council Meeting on 20 April 2020.

Copies of the report are available via the following links and Document Library.

• Environment and Planning Committee Meeting report
• Council Meeting Minutes

Public Exhibition

The draft amendments to the Policy are available via the link Draft Policy on Planning Agreements or in the Document Library.

The draft Policy is on public exhibition from Wednesday 3 June 2020 to 3 August 2020.

The exhibition material can be viewed on this webpage or at Council’s Civic Centre, Corner MacMahon Street & Dora Streets, Hurstville (Monday – Friday: 8:30 am – 5:00pm).

The community has the opportunity to speak with the Council staff on the draft Policy by calling on 9330 6400 or send enquiries via email to mail@georgesriver.nsw.gov.au