Planning Agreements: Towards better integration of land-use planning with infrastructure planning | Local Government Law Journal

Liaros, S. (2004) Planning Agreements: Towards better integration of land-use planning with infrastructure planning, Local government Law Journal, Vol 10 Part 2, pp 73 - 82

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ABSTRACT
Planning processes are under review. The Department of Infrastructure, Planning and Natural Resources (DIPNR) is conducting a review of developer contributions through section 94 of the Environmental Planning and Assessment Act, 1979. On 18 November 2003 the Environmental Planning and Assessment Amendment (Planning Agreements) Bill 2003 was introduced to State Parliament but was withdrawn on 29 June 2004. This paper will argue that Planning Agreements are possible even in the absence of legislation, but that legislation should be introduced to provide consistency in application or alternatively to explicitly make such common law agreements illegal. In May 2004, DIPNR placed on public exhibition proposed amendments to State Environmental Planning Policy No. 1, that provide for a consistent approach when departing from development standards and requiring that, for example, social or community benefits be achieved in exchange for such departures. It is suggested that such an exchange of benefits should be documented in a planning agreement.