The tenth anniversary of the implementation of the formal Voluntary Planning Agreements (PA) system in New South Wales under the Environmental Planning and Assessment Act 1979 („EPA Act”) took place on July 8, 2015. This is the first in a series of contributions in the coming months that will address the use of HAVos over the past 10 years, their local and international context, and future trends. The VPA is one of the latest generation planning reforms, more innovative but more controversial, but also, arguably, among the most successful, if the „recovery” by interest groups is the measure of success. Although the governance project applies only to boards, the draft practice notice contains guidelines for „planning authorities” in general, including the Minister of Planning and other agencies such as Transport for NSW. We therefore expect that the draft practice notice, if adopted, will be followed in the future by the Department of Planning, Industry and the Environment when negotiating the VPA on behalf of the Minister. Management`s draft does not apply to APVs that have already been the subject of a public notice, but to all VPAs under negotiation and have not yet been issued at the time of the publication of the instruction. This may delay the completion of partially negotiated VPAs if they need to be amended in light of the draft practice notice. The draft practice notice also indicates that planning authorities may consider the draft practical notice when completing the VP already issued, whereas the management`s project does not require it. The „development contribution,” i.e. the provision by a developer as part of a voluntary planning agreement, may involve a monetary contribution, free dedication of land or the provision of a material „public benefit”. The term „planning obligation” in turn means an obligation imposed on a developer that requires it to make a contribution to development.
VPAs are generally negotiated as part of the review of planning proposals or the evaluation of development applications, although their use is not limited and varies depending on the circumstances in terms of scope, value, complexity and innovation. When is an agreement between two or more parties more a public contract than a good business deal? A compliant notice authority (for example. B a board) may require a VPA as a condition of development authorization, but the agreement must then comply with the conditions of the development application („DA”) or the actual modification of an environmental planning instrument related to the DA. The development contribution system applies under the Environmental Planning and Assessment Act of 1979. Planning agreements can provide or finance: the majority of SVPAs concluded by the ministry refer to a clause in local environmental plans of councils that require the developer to make satisfactory arrangements for the provision of public infrastructure to ensure their development.
