Tag Archives: planning agreements

EPA Act Amendments – VPA preconditions no longer a restriction on issuing of occupation certificates

A small but significant change to the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) will take effect on 1 September 2018 removing a restriction on the issuing of occupation certificates where a precondition to the issuing of the certificate contained in … Continue reading

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ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017

On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament.  The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a … Continue reading

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Value Capture through Voluntary Planning Agreements Part 2 – Key Issues & Examples of Some Local Council Practices

My previous article examined the concept of value capture, provided a basic land economics justification, and described how it is typically implemented through voluntary planning agreements (‘VPAs‘) under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in connection with planning proposals in an urban … Continue reading

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Value Capture through Voluntary Planning Agreements Part 1

Section 93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) establishes a statutory system of bargaining for community benefits between planning authorities and persons interested in the use and development of land, such as landowners and developers (‘landowners‘). The bargain … Continue reading

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The governance & probity framework for voluntary planning agreements in NSW

As noted in the previous post titled “Voluntary Planning Agreements in NSW – Ten Years On”, dated 12 July 2015, voluntary planning agreements (‘VPAs’) under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) have become an important planning tool … Continue reading

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Voluntary Planning Agreements in NSW – Ten Years On

The tenth anniversary of the introduction of the formalised system of voluntary planning agreements (‘VPAs’) in New South Wales under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) occurred on 8 July 2015. This is the first … Continue reading

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A reduction in funding for the Local Infrastructure Growth Scheme

The NSW State Budget for 2014-2015 released on 17 June 2014 indicates that $60 million has been allocated for the Local Infrastructure Growth Scheme (‘LIGS‘), down from $99 million in  2013-2014. Given the purpose for which the LIGS was established, it … Continue reading

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Tribunal Overturns Suspension of Councillor

A Marrickville councillor who was suspended for two months by the Director-General of the Division of Local Government (DG) for engaging in misconduct has succeeded in having the suspension overturned in the NSW Civil and Administrative Tribunal (Tribunal).

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Development Contributions & The Carbon Tax

In simple terms, the mechanisms established by the Clean Energy Act 2011 (Cth) to deal with climate change include establishing thresholds for greenhouse gas emissions and imposing unit shortfall charges measured in carbon units for emissions that exceed the threshold. This is what is commonly referred … Continue reading

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ICAC and the Planning Review

In response to ‘The Way Ahead for Planning in NSW? Issues Paper of the NSW Planning System Review’: (December 2011) (Review), the Independent Commission Against Corruption (ICAC) has prepared a submission entitled ‘Anti- Corruption Safeguards and the Planning System’, February, … Continue reading

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