Draft Henry Kendall Entrance Planning Agreement

Background 

The Developer has an approved 30 lot subdivision (DA 8/2014/628) on land known as 254 Wollombi Road, Bellbird Heights. As part of the consent the developer, at their own cost, is to construct an intersection at the entrance of the subdivision. 

In 2023 the State Government announced Council was successful in obtaining a grant of $16.8M for the upgrade of Wollombi Road. The grant objectives were to assist in the release of housing within NSW. Council sought funding for the construction of the intersection at the entrance to the Henry Kendall subdivision. The Traffic and Transport Strategy for Bellbird North, which the City Wide Contributions Plan relies on, required a different intersection to the one that was conditioned in the approved DA consent.

Council entered into negotiations with the developer regarding a draft Planning Agreement (PA) to enable the intersection to be constructed in accordance with the Strategy and not the consent. Council did not believe that the developer should construct the intersection only to have it removed and reconstructed in accordance with the Strategy at a later date. It is the intention for both parties to come to an agreement in relation to the construction of the intersection. Lengthy negotiations with the developer have taken place to come to a joint agreement relating to the construction of the intersection at the entrance. 

Project Information

At its Ordinary Meeting of Cessnock City Council on 19 June 2024, Council resolved to place the draft Planning Agreement on notification for a period of 28 days from 18 July 2024 to 15 August 2024.

The above mentioned agreement has now been formalised into a draft Planning Agreement between both parties. Essentially, the outcome of the terms of the draft Planning agreement is as follows:

• Henry Kendall (the Developer) pay a monetary contribution of $1,713,000 which is their share of the construction of the intersection ion accordance with DA8/2014/628
• Council will construct the intersection on behalf of Henry Kendall as part of Stage 1 of Council’s upgrade to Wollombi Road
• Council will construct drainage and stormwater works on behalf of Henry Kendall
• Henry Kendall (the Developer) will dedicate of a portion of land at the entrance to allow for further turning lanes required in the future when capacity targets are met

The Planning Agreement is a voluntary agreement under which a monetary contribution in the amount of $1,713,000 (“the Monetary Contribution”) is to be made to Council by the Developer in lieu of constructing the entrance into the development.

• View the map of the Henry Kendall Entrance by clicking here.
• View the Draft Henry Kendall Entrance Project Planning Agreement by clicking here.
• View the Planning Agreement Explanatory Note by clicking here.
• View the Letter of Offer by clicking here.
• View the Council Meeting Agenda of 19 June, 2024 by clicking here.
• View the Council Meeting Minutes of 19 June, 2024 by clicking here. 

 View the Frequently Asked Questions about this project on the right of this page.

Council is seeking feedback on the Voluntary Planning Agreement of the Henry Kendall Entrance Project from 18 July - 15 August 2024.

How to make a submission

You can make a submission using the online form located below or clicking this link.

Should you intend to make a submission in writing, you may do so by 4:00pm on Thursday, 15 August, 2024. Please quote “Draft Henry Kendall Entrance Project Planning Agreement”. Submissions should be addressed to The General Manager and can be submitted via:

• Email to council@cessnock.nsw.gov.au;
• Post to PO Box 152, CESSNOCK NSW 2325

Any views expressed in written submission will be considered by Council before a final decision is made.