A planning agreement (also known as a voluntary planning agreement (VPA)) is an offer by a developer to the Council to dedicate land, make monetary contributions, or provide any other material public benefit to be used for or applied toward a public purpose.
The funds or works are not required to have a direct nexus with the proposal but should be related. They must achieve an outcome other than the facilitation of a development and deliver a planning benefit. This means that the proposed development, when considered as a package within the Planning Agreement, results in a positive planning outcome.
Planning agreements are entered into in relation to a development application or an amendment to the Local Environmental Plan. Part 7 Division 7.1 Subdivision 2 of the Environmental Planning and Assessment Act 1979 provides the legislative framework for planning agreements.
The planning agreement sought to provide the following public benefits:
- If the future development of the Land contains a residential component, the Planning Agreement requires a monetary contribution in the amount of $1,107,000.00 to be applied to public domain improvement works within the Parramatta CBD, the provision of affordable housing (to the value of 10% of the value uplift) and towards Council’s Cultural Plan (“Culture and Our City: A Cultural Plan for Parramatta’s CBD 2017-2022”) as determined by Council to be necessary to accommodate the anticipated population growth in the Parramatta Central Business District.
- The Planning Agreement requires the Developer Parties to register a covenant and easement to allow public pedestrian access over an area of the Land along the length of the boundary adjacent to Marsden Road that is 2m wide and limited in depth to 100mm below ground to accommodate tiling and bedding, and limited in height to 4m (Setback Area).
The proposed amendment to this VPA includes the removal of Item 2.
The Planning Agreement sought to provide the following public benefits:
- The Planning Agreement requires a monetary contribution (in accordance with Clause 6.1) to be offered if development consent is granted that includes use of the Land or any part of the Land for residential purposes.
- The Planning Agreement requires the grant of an easement for public access along the boundary of the Land adjacent to Marsden Road.
The proposed amendment to this VPA includes the removal of Item 2.
At its meeting on 26 July 2021, the Council considered the outcomes of the public exhibition of the revised Parramatta CBD Integrated Transport Plan (ITP). The ITP included concept design plans for the Marsden Street Cycleway, which relocated the cycleway to the western side of Marsden Street (opposite the sites subject to above VPAs).
At that meeting, the Council resolved to endorse the revised ITP and forward it to the State Government to support the finalisation of the CBD Planning Proposal.
At the same meeting, the Council also resolved to approve a further investigation into several amendments to the land reservation acquisition (LRA) maps, including the removal of the LRA along Marsden Street between George Street and Campbell Street, which adjoins the subject sites.
Parramatta Local Environmental Plan 2023 (including the CBD Planning Proposal amendments that came into effect in October 2022) have removed the LRA from the eastern side of Marsden Street.
As a result of the decision to relocate the cycleway and the recommended deletion of LRAs on the eastern side of Marsden Street, it has been determined that the 2m wide easements are no longer required.
