Hornsby Shire Council Planning Agreement Policy DRAFT FOR PUBLIC CONSULATION - DATE OF VERSION: 15 March 2024
Planning agreement policy Summary of policy This policy provides an overview of the planning agreement process for Hornsby Shire Council. It aims to: (a) provide clear explanations of the steps involved in preparing a planning agreement; (b) set out obligations of the key individuals participating in the process; and (c) provide specific details regarding the mandatory use of template letters of offer and template planning agreements in Hornsby. This policy attempts to present the information in plain English, making it more easily understood by all stakeholders, including developers and the community. By outlining the process, roles, and requirements, the policy aims to promote transparency, consistency, and effective communication throughout the planning agreement journey. This policy emphasises the importance of using template documents when developers initiate the planning agreement process in Hornsby. These templates serve as standard forms, ensuring agreements meet the Council’s and the community’s expectations. By requiring the use of template documents, the policy seeks to streamline the process, enhance efficiency, and maintain a clear framework.
Why has the council prepared this policy? Despite introducing planning agreements into the NSW planning system almost two decades ago, they remain poorly understood. They are often written in legal language, reflecting that they are a contract between planning authorities and developers. However, this can mean that they can be difficult for the layperson to understand. Yet planning agreements are important for providing valuable community benefits. This policy and accompanying template documents aim to break down the mystery of planning agreements. Council has prepared this policy as a best practice guide to: (a) educate developers, councillors, council staff and the general public about planning agreements, (b) establish best practice procedures for planning agreements that are clear and that the council will consistently apply, (c) describe the process that will be followed in preparing, publicly exhibiting, signing, implementing and finalising planning agreements, (d) set out the Council’s expectations of individuals involved in the planning agreement process, and (e) implement the NSW Government’s policies on the use of planning agreements.
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