Planning Agreements

Overview

A Planning Agreement is an agreement entered into by a planning authority (such as Fairfield City Council) and a developer who has sought a change to a Local Environmental Plan through a Planning Proposal or who has made a Development Application.

Under a Planning Agreement, a developer agrees to provide or fund:

  • public amenities and public services
  • affordable housing
  • transport or other infrastructure.

Contributions can be made through:

  • dedication of land
  • monetary contributions
  • construction of infrastructure
  • provision of materials for public benefit and/or use.

Planning Agreements cannot be entered into unless public notice has been given and an explanatory note is made available for inspection for 28 days.

Council’s policy on Planning Agreements became effective on 11 August 2023.

The policy provides guidelines for both the Council and developers to effectively negotiate and prepare Planning Agreements.

The framework for the negotiation, assessment and use of Planning Agreements ensures that is clear, consistent, efficient, fair and accountable.  

The policy provides a template Planning Agreement document, including infrastructure works that may be considered to have a public benefit.

Please click on the link below to access Council's Policy.

 

Register of Planning Agreements

A Planning Agreement (PA) is an agreement entered into by a relevant planning authority and a developer to provide or fund public amenities, infrastructure and services.

Planning Agreements can include the dedication of land, monetary contributions, construction of infrastructure, and provisions of material for public benefit and / or use.

Clause 206 – Information about planning agreements' of the Environmental Planning and Assessment Regulation 2021 requires planning authorities (including councils) to keep a register of all relevant planning agreements.

On Notification

On notification – Planning Agreements available for public inspection and comment before being finalised.

Under Consideration

Under Consideration – Planning Agreements that have been notified but yet to be entered into by Council and the Developer.

Executed

Executed – Planning agreements that have been signed and executed by both Council and the Developer and are now in force.

The planning agreement relates to the redevelopment of the Bonnyrigg Living Communities precinct and includes the following community benefits:

  1. the design and construction of new roads and upgrade of existing roads;
  2. design, construction and embellishment of public open space;
  3. design and construction of water management system that includes manage of stormwater quantity and improvement of its quality;
  4. design and construct a new community facility / building within the estate;
  5. provide a range of community services within Bonnyrigg, including payment of monetary contributions for Council to provide these facilities; and
  6. Provide public art.
      

Date Planning Agreement was entered into:
3 November 2008

Planning Agreement parties:

  • Bonnyrigg Partnerships Nominee Pty Ltd
    13/50 Margaret Street, Sydney NSW 2000

  • Fairfield City Council
    86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to land known as Bonnyrigg Living Communities precinct – refer to Planning Agreement for an extensive list of land affected.

 

The planning agreement relates to DA 306.1/2011 and requires the developer to make a monetary contribution of $521,130 for the shortfall of commercial car parking on-site. The planning agreement does not exclude the application of development contributions to the site.

Date Planning Agreement was entered into:
26 February 2013

Planning Agreement parties:

  • The Fairfield Chase Centre Pty Ltd
    Level 5, 6 Bridge Street, Sydney NSW 2000

  • Fairfield City Council
    86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to Lot 1 DP 730010, known as 49-61 Spencer Street, Fairfield.

 

The planning agreement relates to DA 613.1/2013 and requires the developer to make a monetary contribution of $37,174 for the shortfall of commercial car parking on-site. The planning agreement does not exclude the application of development contributions to the site.

Date Planning Agreement was entered into:
24 April 2014

Planning Agreement parties:

  • Chrisco Holdings Pty Ltd
    53 Brennan Street, Smithfield NSW 2164

  • Fairfield City Council
    86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to Lot 1 DP 209298, Lot 2 DP 209298 and Lot E DP 164651, known as 83-85 The Crescent, Fairfield.

The planning agreement relates to DA 261.1/2015 and requires the developer to:

  1. Construct the undeveloped portion of Howatt Street as a public road and associated infrastructure;
  2. Relocation and realignment of footpath affected by the extension of Howatt Street;
  3. Construction of corner section linking Howatt Street and Kamira Court as a public road and associated infrastructure;
  4. Construction of the undeveloped portion of Kamira Court through to the intersection with Howatt Street as a public road and associated infrastructure;
  5. Relocation of the Playground;
  6. Relocation of the amenities block; and
  7. A monetary contribution towards the Kamira Court Acquisition from NSW Land and Housing Corporation.

The planning agreement does not exclude the application of development contributions to the site.

Date Planning Agreement was entered into:
20 March 2017
Note: the planning agreement was reassigned to the new developer by a Deed of Planning Agreement on 26 November 2020.

Planning Agreement parties:

  • Original developer:
    C/ Kam & Beadman Suite 104 Level 1/ 370 Pitt Street, Sydney NSW 2000

  • New developer:
    ABA Villages Pty Ltd
    11 Egerton Street, Silverwater NSW 2128

  • Fairfield City Council
    86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to Lot 1 DP 500367 and Lot 2 DP 500367, known as 47-53 Pedestrian Mall, Villawood.

The planning agreement relates to Fairfield Local Environmental Plan 2013 (Map Amendment No.2) which seeks to increase the permissible:

  • Maximum height of buildings on the land from 26 metres to 82 metres; and
  • Maximum floor space ratio on the land from 2.5:1 to 3.5:1.

The planning agreement requires the developer to:

  1. Construct Smart Lane extension and associated infrastructure;
  2. Construct Pedestrian link (Smart Lane to Thomas Ware Plaza);
  3. Extend Thomas Ware Plaza;
  4. Construct Pedestrian Link (ware Street to Market Square);
  5. Construct new public road connecting Station Street and Ware Street, inclusive of associated infrastructure and dedication of road to Council;
  6. Construct a Market Square;
  7. Construct a Pedestrian Link (Thomas Ware Plaza to Market Square);
  8. Construct a Pedestrian Link (Station Street to Market Square);
  9. Dedication of new 4,000 square metre public open space (new Cunninghame Street Park) inclusive of levelling, construction of retaining walls, removal of existing hard stand areas and provision of services (water, electricity) to the perimeter of the park;
  10. Pedestrian Link (Market Square to new Cunninghame Street Park); and
  11. Construct a base level of embellishment of the new public open space.

Date Planning Agreement was entered into:
31 March 2022

Planning Agreement parties:

  • Harrington Custodian Pty Ltd
    3A Macquarie Street, Sydney NSW 2000

  • Fairfield City Council
     86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to Lot 1031 DP 1049068, known as 8-36 Station Street, Fairfield.

The planning agreement relates to Fairfield Local Environmental Plan 2013 (Amendment No.42) which seeks to:

  • Increase the maximum height of buildings from 14 metres to a range between 48 metres and 66 metres;
  • Increase the maximum allowable floor space ratio from 2:1 to a range between 3.85:1 and 6.45:1;
  • Amend the minim site area provisions on the Town Centre Precinct Map; and
  • Create an additional Local Clause 7.9 – Cabramatta Area E to ensure an adequate provision of residential accommodation in the precinct, ensure land uses on the ground floor provide active street frontages and minimise security risks.

The planning agreement requires the developer to provide an overhead pedestrian link from their site at 84 Broomfield Street, Cabramatta to the Cabramatta Train Station Concourse. However, should the developer not be able to obtain approval from Transport for NSW, then the developer will provide a monetary development contribution equivalent to 110% of the value of the pedestrian bridge.

Date Planning Agreement was entered into:
5 September 2022

Planning Agreement parties:

  • Moon Investments Pty Ltd
    1705/Grafton Street, Bondi Junction NSW 2022

  • Fairfield City Council
     86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to Lot 7 Section E DP 4420, Lot 1 DP 205759, Lot 10 DP 255023 and Lot 1 DP 212183, known as 76-84 Broomfield Street and 125 Cabramatta Road East, Cabramatta.

Links:

 

The Planning Agreement is entered into in connection with:

  • the document titled “Planning Proposal, Open Space Implementation, Villawood Town Centre, Kamira Avenue, Villawood” dated 27 February 2020 (Planning Proposal). The Planning Proposal proposes the amendment of the Fairfield Local Environmental Plan by rezoning land from RE1 Public Recreation to R4 High Density Residential; and
  • the Development, being the proposed transformation of the Land for a two (2) stage integrated redevelopment consisting of residential flat buildings, mixed use development incorporating retail and business premises, open space areas and community facilities and comprising:
    • Stage 1: the Development described in Development Application No. 384.1/2021 lodged with Council on 21 October 2021; and
    • Stage 2: the Development described in Development Application No. 303.1/2022 lodged with Council on 10 October 2022.

The Corporation enters the Planning Agreement for the purpose of land acquisition and dedication. The Corporation will acquire 1,624m2 of land currently owned by Council (this acquisition is subject to a separate agreement between The Corporation and Council).

The agreement also includes a Section 30 Agreement between NSW LAHC and Fairfield City Council to facilitate the land acquisition.

In accordance with the Planning Agreement, the Developer will undertake embellishment works to the value of approximately $1.8M to the new public open space. The Corporation (or the Developer as appropriate) will dedicate to Council approximately 3,984m2 of land, including approximately 3,000m2 of public open space.

Date Planning Agreement was entered into:
12 July 2023.

Planning Agreement Parties:
The parties to the Planning Agreement are:

  • Fairfield City Council (ABN 83 140 439 239) of 86 Avoca Road, Wakeley, NSW 2176 (Council);
  • New South Wales Land and Housing Corporation (ABN 24 960 729 253) of Level 5, 219-241 Cleveland Street Strawberry Hills NSW 2012 (The Corporation); and
  • Villawood Quarter Pty Ltd (ACN 635 504 871) as trustee for the Villawood Quarter Unit Trust of Level 27, 1 Farrer Place Sydney NSW 2000 (Developer).

Land to which the Planning Agreement applies:
The planning agreement applies to the area broadly known as 2 Kamira Avenue, Villawood. The Land description is outlined in the tables below:

The Land

The table below describes the Land for the purpose of this Agreement.

Land Landowner

Lot 37 DP 202006

The Housing Commission of New South Wales

Lot 39 DP 202006

The Housing Commission of New South Wales

Lot 381 DP 1232437

The Housing Commission of New South Wales

Lot 382 DP 1232437

The Housing Commission of New South Wales

Lot 136 DP 16186

The Housing Commission of New South Wales

That part of the road described as Kamira Court, Villawood which is described as “Acquisition 1” (approx. 1,194m2) on the plan at Schedule 5 to this Agreement.

The Council of the Municipality of Fairfield

That part of Lot 31 in Deposited Plan 36718 which is described as “Acquisition 2” (approx. 430m2) on the plan at Schedule 5 to this Agreement.

The Council of the Municipality of Fairfield

Dedication Land

The table below describes the part of the Land to be dedicated to Council in accordance with this Agreement.

Land Future use Quantum

Lot 37 DP 202006 (part), which is described as “Dedication 1” on the plan at Schedule 5 to this Agreement.

Future road connection

Approx. 105m2

Lot 37 DP 202006 (part), which is described as “Dedication 2” on the plan at Schedule 5 to this Agreement.

Future road connection

Approx. 476m2

Lot 381 DP 1232437, which is described as “Dedication 3” on the plan at Schedule 5 to this Agreement.

Future road connection

Approx. 403m2

Lot 37 DP 202006 (part), being the Stage 1 POS Land and which is described as “Dedication 4” on the plan at Schedule 5 to this Agreement.

Public open space

Approx. 1,000m2

Lot 39 DP 202006 (part), being the Stage 2 POS Land and which is described as “Dedication 5” on the plan at Schedule 5 to this Agreement.

Public open space

Approx. 2,000m2

Total

 

Approx. 3,984m2

 

Supporting Documents

 

The planning agreement relates to the development of the Bonnyrigg Living Communities precinct (stages 8-18) and includes the following community benefits:

  • Dedication of open space
  • Creation and embellishment of five (5) parks
  • Bus shelters
  • Cycleways
  • Detention basins (subdivision)
  • Creek line upgrade
  • Gross pollutant traps

The planning agreement was considered at Council’s Outcomes Committee meeting 20 June 2023.

Date Planning Agreement was entered into:

23 August 2024

Planning Agreement parties:

  • Fairfield City Council ABN 83 140 439 239 of 86 Avoca Road, Wakeley NSW 2176 (Council)
  • New South Wales Land and Housing Corporation ABN 24 960 729 253 a statutory corporation constituted by section 6 of the Housing Act 2001 (NSW) of Level 1, 223-239 Liverpool Road, Ashfield NSW 2131 (Developer)

Land to which the Planning Agreement applies:

The planning agreement applies to land known as Bonnyrigg Living Communities precinct (Stage 8-18) – refer to Planning Agreement for an extensive list of land affected.

Planning Agreement

A copy of the Planning Agreement is below:

Bonnyrigg Living Communities precinct (Stage 8-18) - Planning Agreement(PDF, 2MB)

 

Concluded

Concluded – Planning agreements that have been completed with all community benefits listed within the PA having been provided.

The planning agreement relates to Fairfield Local Environmental Plan 1994 (Amendment No. 126) for the rezoning of the Calabria Club land and the adjoining Council land to Zone 3(b) District Business Centre (now referred to a B4 Mixed Use zone) and the land to be zoned 6(a) Open Space (now referred to as RE1 Public Recreation).

The planning agreement requires the Calabria Club to dedicate the portion of the site zoned 6(a) Open Space to Council.

The planning agreement requires the Council to embellish the dedicated land including weeding, revegetation and establishment.

The planning agreement does not exclude the application of development contributions to the site. 

Date Planning Agreement was entered into:
25 January 2010

Planning Agreement parties:

  • Calabria Community Club Limited
    184-192 Restwell Road, Prairiewood NSW 2176

  • Fairfield City Council
     86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to:

  1. Lot 7 Section E DP 6934 (Calabria Club land)
  2. Lot 100 DP 806884 (Council land)

 

The planning agreement relates to DA 261.1/2015 and requires the developer to:

  1. Prior to the issue of an Occupation Certificate in respect of the Development, dedication of the area of land for the purpose of road reserve;
  2. Upgrade works within the existing road reserve (Booralla Road and Sweethaven Road); and
  3. All works required in respect of constructing a public road which

The planning agreement excluded the application of Section 7.12 development contributions to the site.

Date Planning Agreement was entered into:
9 October 2017

Planning Agreement parties:

  • Melaleuca Ventures Pty Limited
     1/355 New South Head Road, Double Bay NSW 2028

  • Fairfield City Council
     86 Avoca Road, Wakeley NSW 2176

Land to which the Planning Agreement applies:
The planning agreement applies to Lot 2 DP 833184, known as 13 Booralla Road, Edensor Park

 

State Voluntary Planning Agreements

Planning agreements with the Department of Planning and Environment (DPE) are referred to as State Voluntary Planning Agreements (SVPA) to differentiate them from local council planning agreements.

Below are links to relevant SVPAs that NSW DPE have entered into for land within Fairfield City.

 

  

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