FAQs
What does Land Dedication mean?
Land Dedication is when a developer or landowner offers to transfer land to Council for public use e.g. open space, pathways, reserves.
Council will only accept if certain conditions are met. Like only accepting it when it is in the public interest, the land is fit for its intended purpose and it won't create unreasonable financial, legal or operational burdens for Council.
Is Council required to accept every offer of land?
No, Council has sole discretion and assess every offer on a case-by-case basis against policy criteria and relevant legislation.
What is a Works in Kind (WIK) Agreement?
A WIK agreement allows a developer to deliver physical infrastructure works in place of monetary contributions required of a Contributions Plan and must be aligned to works listed in the adopted Contributions Plan works schedule.
Does a WIK agreement mean developers can pay less than required?
No, the agreement means that the developers will provide the specific infrastructure in accordance with the provisions identified within the works schedule in the contributions plan.
What is the difference between a Works in Kind Agreement and a Planning Agreement?
A Works in Kind Agreement is specifically related to the Section 7.11 Development Contributions Plan and is used to bring forward the delivery of physical infrastructure works e.g. roads or drainage aligned with the Plan. It does not require public notification as it already occurred with the exhibition of the Plan.
A Planning Agreement is a voluntary agreement under the Environmental Planning and Assessment Act 1979. It can include broader public benefits including land, works and funding including for a maintenance period. Public exhibition is required alongside a Development Application or Rezoning.
What is a Planning Agreement?
A Planning Agreement is a voluntary agreement between Council and a developer where the developer provides community benefits such as money, land or building works in connection with a planning proposal or development application.
Why do Councils use Planning Agreements?
Planning Agreements help deliver public infrastructure and community benefits in a fair, transparent way, guided by sound planning principles and public interest.
What kinds of public benefits can a PA deliver?
Benefits can include funding or building parks, roads, community facilities, stormwater works, environmental offsets or conservation, and dedication of land to be used for public purposes. Typically the benefits will already be an identified benefit in Council's plans and strategies, and by working with a developer on a Planning Agreement the timeline for these benefits to be realised can occur sooner for the community.
How can we have our say on a PA?
Draft PAs are publicly exhibited, usually for at least 28 days, at the same time as the related planning proposal or development application.
How does benefit sharing work for renewable energy projects?
For large-scale renewable energy proposals, Council will be guided by the NSW Benefit Sharing Guideline and related direction when negotiating community benefit through PAs.