Blue Mountains City Council


Planning Agreement Register

Planning agreements are being used by councils where appropriate as an alternative to the imposition of developer contributions through a Section 94 or a Section 94A plan. Planning agreements can be negotiated on a voluntary basis between developers, Councils and/or other planning authorities in connection with specific development applications pursuant to section 93F of the Environmental Planning and Assessment Act 1979 (EP&A Act).
A council may use a planning agreement to assist in mitigating the impacts of development by offering a flexible means of achieving tailored development outcomes and public benefits. Planning agreements also provide councils with a mechanism for enhanced and more flexible infrastructure funding and delivery opportunities. A developer may seek to use a planning agreement as this mechanism offers the developer increased involvement in determining the type, standard and location of public infrastructure as well as certainty around timing of delivery. A developer may also seek to use the public benefits delivered under a planning agreement to offset contributions for which the development is liable.
It is important to note that a planning agreement should be negotiated and entered into with the understanding that planning decisions are not ‘bought’. That is, the provision of public benefits through a planning agreement does not make an unacceptable planning outcome acceptable. A development application must be considered on its merits pursuant to section 79C of the EP&A Act before a planning agreement is entered into. The fundamental steps in negotiating, preparing and entering into a planning agreement are illustrated in the flow chart provided below.

Pursuant to Section 25F of the Environmental Planning and Assessment Regulation 2000 (EP&A Regs), Councils must keep a register of planning agreements that apply to land within their jurisdiction. The register below provides a short description of each planning agreement including the date on which the agreement was entered into, the names of the parties to the agreement and the land to which the agreement applies. The respective planning agreement (including any amendment) can be downloaded from right of screen as well as the explanatory note related to the agreement (including any amendment).  
Planning Agreement Register
Description of Agreement
Date Agreement entered into
Names of the parties to Agreement
Land to which Agreement applies
Agreement relates to DA X/823/2010 for the redevelopment of the supermarket at 30-34 Parke Street, Katoomba. Under the planning agreement, the developer will be required to deliver or contribute to a series of infrastructure improvements in Pioneer Place, the public parking facility adjacent to the supermarket. Improvements will include the reconfiguration of Waratah Street access/egress, installation of a seagull median on Waratah Street, installation of disabled parking awning, curb realignment works, lighting and surface treatments.
 Wednesday, 16 May 2012
Blue Mountains City Council
Fabcot Pty Ltd
Part of Pioneer Place 38-40 Parke Street, Katoomba (see agreement for legal description)