development contributions & planning agreements

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Lindsay Taylor Lawyers has unique specialist experience and expertise providing legal services to our clients concerning development contributions and planning agreements.

Dr Lindsay Taylor holds a law and economics PhD from Macquarie University which analysed the system of development contributions in New South Wales and argued for the introduction of a system of negotiated voluntary planning agreements as a counter-balance to the rigid system of compulsory development contributions.

Lindsay has been at the forefront of reforms to the Environmental Planning and Assessment Act 1979 relating to development contributions and planning agreements.

He was a member of the Ministerial task force that reviewed the New South Wales development contributions system in 2003-2004 that recommended reforms to the development contributions system and the introduction the current system of planning agreements and the flat percentage levy on development.

In 2004-2005, Lindsay was subsequently an adviser to the New South Wales Department of Planning on the Environmental Planning and Assessment (Development Contributions) Amendment Act 2005, and associated regulations and Development Contributions Practice Notes.

In 2008 Lindsay was appointed an adviser to the New South Wales Department of Planning in relation to the implementation of the amendments to development contributions and planning agreements resulting from the Environmental Planning and Assessment Amendment Act 2008.

Lindsay Taylor, Megan Hawley and Stuart Simington have extensive experience and expertise in helping our clients achieve their desired outcomes in relation to development contributions, in particular, in the following areas:

  • negotiating, drafting and advising on planning agreements, works-in-kind agreements and other infrastructure arrangements under the Environmental Planning and Assessment Act 1979

  • advising councils on planning agreements, policies, and drafting template planning agreement and works-in-kind documents for adoption by councils

  • advising on development contributions under the Environmental Planning and Assessment Act 1979

  • representing our clients in the Land and Environment Court in relation to appeals against development contribution conditions and other development contributions and infrastructure funding issues

  • advising on the application of planning agreements and other development contributions plans for specific development projects

  • advising on the powers of councils, the Minister for Planning and the Director-General of the Department of Planning relating to development contributions, planning agreements and works-in-kind matters

  • advising on the Minister's powers in relation to development contributions, planning agreements and works-in-kind matters concerning Part 3A major projects

  • advising on the powers of local councils and the Minister for Planning to make, review, amend and repeal contributions plans

  • advice on the innovative use of environmental planning instruments and development control plans and other statutory planning controls to achieve public infrastructure outcomes

  • advice on the relationship between planning agreements and works-in-kind agreements and public sector tendering and procurement requirements in legislation or government guidelines

  • advice on the Competition and Consumer Act 2010 (Cth) and GST implications of planning agreements and works-in-kind agreements

For further information about our development contributions and planning agreement expertise or information on how we can help you achieve your desired outcomes, please contact Dr Lindsay Taylor on 02 8235 9700 or mail@lindsaytaylorlawyers.com.au