Planning agreements
A planning agreement is a negotiated voluntary agreement between Ku-ring-gai Council and one or more landowners with or without a land developer as well. Planning agreements must be associated with either a Planning Proposal to alter the planning controls applying to the land, or with a development application. Planning agreements are undertaken to facilitate the dedication of land and/or the delivery of works, for a public purpose, including the provision of affordable housing. Planning agreements are authorised and regulated by the Environmental Planning and Assessment Act, 1979. The State Government may also be involved in planning agreements.
A planning agreement may specify how works identified in a local infrastructure contributions plan are to be delivered on Council's behalf. In the case of a large development, a planning agreement may provide for additional infrastructure, outside of the local infrastructure contributions plans, known as a material public benefit, usually to be undertaken at the developer’s or landowner’s cost, on current or future public land.
Ku-ring-gai Council has recently reviewed its adopted policy to guide the preparation, negotiation and exhibition of planning agreements.
View the Planning Agreement Policy 2024(PDF, 7MB)
Applicants who wish to enter into a planning agreement should read Council’s policy and seek a preliminary meeting before making a formal offer. All letters of offer to enter into planning agreements are reported to Council before commencing the negotiation of the formal planning agreement. These letters of offer must stand alone and succinctly identify the nature of the offer and the public purpose to be served.
Once an agreement has been negotiated, it is reported to Council for exhibition for a minimum of 28 days and becomes a formal draft proposed planning agreement, at which point it is entered into the Register of proposed planning agreements below.
Ku-ring-gai Council has a monthly meeting cycle. Council Meetings are preceded by a Public Forum one week before the Council Meeting and the report publication deadline is more than a week prior to that forum. Applicants are advised to consider this scheduling when making the decision to commence a Planning Agreement process.
Proposed planning agreements are the draft documents that have been reported to Council for public exhibition but have not yet been completed. This may be because no decision has yet been made on whether to enter into the Planning Agreement. The results of the public exhibition process will guide Council’s decision to enter into any planning agreement. It may also be that the Council has recommended that the Planning Agreement be entered into but the legal processes to formally execute the agreement are still underway. Once executed by both parties, the Planning Agreement will be listed under the Register of planning agreements entered into below.
Note: This page contains Council's policy on Planning Agreements and the Register of Planning Agreements for all planning agreements: proposed, executed and discharged. Any proposed Planning Agreements that are currently on exhibition, or have recently concluded an exhibition process, are on Council's dedicated exhibition pages. View our Your Say page to see matters currently on exhibition.
Ku-ring-gai Council has had a Planning Agreement Policy since 2008 which has been regularly reviewed. Some of the planning agreements listed below were negotiated under superseded policies.
Register of proposed planning agreements
There are currently no draft planning agreements that have been exhibited but not yet entered into.
Register of planning agreements entered into
Extension of Dorset Drive in St Ives - 139 Rosedale Road, St Ives
This planning agreement provides for the dedication of land for the extension of Dorset Drive in St Ives within the subdivision of land on 139 Rosedale Road, St Ives under DA0109/23. It also provides for the orderly delivery of the road together with provisions for defects liability and maintenance during this period.
The planning agreement is associated with DA0109/23 which was approved by the Land and Environment Court on 17 April 2024 subject to a deferred commencement condition relating to the planning agreement.
View the Planning Agreement(PDF, 871KB).
Please note that a plan of the proposed extension of Dorset Drive is included at Annexure A on page 21 of the above document.
The explanatory note can be found at the end of the above document at pages 22-24.
This planning agreement was entered into by Ku-ring-gai Council and the developer Jun Chao Pty Ltd on 5 December 2024 and is now in effect.
Park Crescent land dedications 2-4 Park Cresent, Pymble
This Planning Agreement provides for the dedication to the Council and at no cost to the Council of a 2-metre-deep parcel of land across the entire width of the frontage to the Land being an area of approximately 67.51 square meters. The associated footpath works, maintenance and rectification of defects for a period of 12 months are incorporated as part of the associated Development Application.
The Planning Agreement is associated with Development Application DA0025/21.
View the Planning Agreement(PDF, 8MB)
The explanatory note can be found in Schedule 1 on Page 22 and a plan of the land dedication area can be found in Schedule 4 on page 27 and 28.
This Planning Agreement was entered into by Council on 6 February 2024 and is in effect.
Memorial Club Roseville, Part 62, 64-66 Pacific Highway, Roseville - Larkin Lane frontage
This Planning Agreement:
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Provides for the enhancement of the public domain through improved pedestrian access to Memorial Park from the Larkin Lane car park in keeping with Council’s Public Domain Plan and Ku-ring-gai Development Control Plan.
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Provides funds for Council from the sale of a small parcel of land; and the dedication to Council of the land fronting Larkin Lane that forms the public domain. This is intended to improve Larkin Lane’s public domain and connection to the Memorial Park as indicated in the Ku-ring-gai Development Control Plan.
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Provides the Roseville Memorial Club with an increase in development potential and sub-strata land use through the inclusion of a small parcel of land along the frontage of Larkin Lane at the rear of the property. This inclusion is intended to improve site design and enhance parking provision on the site to reduce parking pressure on the Larkin Lane public car park.
The Planning Agreement is associated with Development Application DA0049/23.
View the Planning Agreement(PDF, 4MB)
View the Explanatory Note(PDF, 215KB)
This Planning Agreement was entered into by Council on 6 February 2024.
Havilah Lane land dedications 51, 55 and 55A Lindfield Avenue, Lindfield
This Planning Agreement is for the dedication of land along the Havilah Lane rear frontage of 51, 55 and 55A Lindfield Avenue, Lindfield for widening Havilah Lane and supporting future public domain improvements in accordance with the Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.
View the Planning Agreement(PDF, 2MB)
An explanatory note is at the end of the above document.
This planning agreement was entered into by Council and by the developer Mayrin Three Pty Ltd on 3 October 2018.
Development application DA0175/17 was approved by the Land and Environment Court on 23 March 2018.
Post Office Lane land dedications 1017 Pacific Highway, Pymble
This planning agreement is for the dedication of land along the Post Office Lane rear frontage of 1017 Pacific Highway, Pymble for widening Post Office Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010. It also provides for an easement in gross for a public pedestrian link between Pacific Highway and Post Office Lane.
View the Planning Agreement - 1017 Pacific Highway, Pymble(PDF, 2MB)
The proposed Easement in Gross is Annexure A and the proposed dedication area is shown in the Plan of Subdivision at Annexure B to the above document.
An explanatory note is at the end of the above document.
This planning agreement was entered into by Council on 6 March 2018. The agreement was subsequently executed by the developers on 3 September 2018 and is now current.
Development Application DA0039/16 was approved by Council on 7 October 2014.
Fitzsimons Lane land dedications 900 Pacific Highway, Gordon
This planning agreement is for the dedication of land along the Fitzsimons Lane rear frontage of 900 Pacific Highway, Gordon for widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.
View the Planning Agreement - 900 Pacific Highway, Gordon(PDF, 2MB)
The proposed dedication area is shown in the Plan of Subdivision at Annexure A to the above document. An explanatory note is at the end of the above document.
This planning agreement was entered into by Council on 5 July 2018. The agreement was subsequently executed by the developers and is now current.
Development Application DA0226/16 was approved by the Land and Environment Court on 6 December 2016. A further Development Application DA0316/19 was approved by the Land and Environment Court on 22 July 2020 which supersedes the first. The Planning Agreement continues to relate to the land on which the development the subject of DA0316/19 is to be constructed.
Fitzsimons Lane land dedications 870-898 Pacific Highway, Gordon
This planning agreement is for the dedication of land along the Fitzsimons Lane rear frontage of 870-898 Pacific Highway, Gordon widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.
View the Planning Agreement - 870-898 Pacific Highway, Gordon(PDF, 3MB)
The proposed dedication area is shown in the Plan of Subdivision at Annexure A to the above document. An explanatory note is at the end of the above document.
This planning agreement was entered into by Council on 6 March 2018. The agreement was subsequently executed by the developers and is now current.
Development application DA0180/14 was approved by the Sydney West Joint Regional Planning Panel on 26 July 2016.
Moree Street, Gordon new road link (partial)
This planning agreement is for the delivery of a public road on 33 Moree Street, Gordon and specifies the relationship between this work and the development contributions arising from the development adjoining the proposed new road located on 29, 29A and 31 Moree Street, Gordon.
In Gordon, a number of works are proposed to improve traffic and pedestrian access around the local centre. The planning agreement is to deliver a partial road link between Moree Street and Dumaresq Streets in Gordon concurrent with adjoining development.
View the Planning Agreement - Moree Street Gordon new road link (partial)(PDF, 2MB)
Engineering specifications are appendices. The works on the Dumaresq Street section of the road are covered by an existing executed planning agreement listed below.
An explanatory note is at the end of the document.
This planning agreement was executed on 23 November 2017.
Development application DA0095/15 was determined on 28 February 2017.
The matter was formally reported to Council on 20 August 2019 with the new road gazetted and named Hanson Way.
Fitzsimons Lane land dedications 904-914 Pacific Highway, Gordon
This planning agreement is for the dedication of land along the Fitzsimons Lane rear frontage of 904-914 Pacific Highway, Gordon for widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.
This planning agreement was executed on 24 February 2017 in counterparts which appear below.
Planning Agreement executed by WN Developments
Planning Agreement executed by Ku-ring-gai Council(PDF, 5MB)
An explanatory note appears as an appendix at the end of the document.
Development Application DA0407/13 was determined on 7 October 2014.
Dumaresq Street, Gordon new road link (partial)
This planning agreement is for a future public road on 32 Dumaresq Street, Gordon and specifies the relationship between this work and the development contributions arising from the proposed development. It also provides for the divestment by Council at an agreed market value of a strip of residual land between the road and the 28-30 Dumaresq Street Gordon.
Development Application DA0501/12 was determined on 23 May 2014. The planning agreement was executed on 25 September 2014. DA0501/12 lapsed and was replaced by a subsequent development application. Development Application DA0434/15 was determined on 24 March 2016.
Deed Voluntary Planning Agreement between Australia Wenzhou Group and Council(PDF, 7MB)
An explanatory note appears as the appendix to the above document.
This development site was subsequently sold to a new development company. and the agreement novated to the new owners.
The matter was formally reported to Council on 20 August 2019 with the new road gazetted and named Hanson Way.
Edgelea Development 100 Eton Road, Lindfield
In 2012 Defence Housing Australia entered into a planning agreement with Council in connection with the redevelopment of the UTS Ku-ring-gai site, known as 100 Eton Road Lindfield. This was in accordance with the terms of Condition B13 of Concept Approval MP06_0130 issued by the NSW Minister for Planning.
The agreement is linked to the first stage of development, being the initial subdivision, land dedication and works. Under the proposed agreement the developer is to pay monetary contributions and provide public benefits which include:
- minimum of 9800m² of land for a sports field;
- 300m² of community space plus associated amenities;
- new public access roads and parking;
- a financial contribution of $200,000 for the future maintenance of the public roads in the vicinity;
- environmental land.
Edgelea Development 100 Eton Road Lindfield NSW 2070 (also known as UTS Ku-ring-gai) DA0677/11(PDF, 3MB)
An explanatory note appears as Annexure B of the above document.
Register of planning agreements discharged
No past planning agreements have, been formally discharged although several are substantially complete, pending formal expiry of defects liability periods and/or final administrative processes.