The purpose of this policy is to establish a framework, policies and procedures which Council will apply to guide the use of Planning Agreements by Inner West Council, in keeping with the provisions of the Act, the Environmental Planning and Assessment Regulation 2021 (the Regulation) and the Practice Note.

Council is required to consider the Practice Note when negotiating a Planning Agreement.

The policy aims to:

1. Facilitate flexible and innovative delivery of public infrastructure, facilities, works services and social amenities in line with Council’s strategic planning objectives for Planning Proposals and/or development proposals;
2. Safeguard compensation for loss of or damage to a public amenity, service, resource or asset through replacement, substitution, repair or regeneration and that this is underwritten by proponents to mitigate for risk;
3. Ensure that development delivers a Net public benefit to the wider community that is of greatest demand in the development area or precinct consistent with any relevant Council policies and priorities and that quality of asset delivery is assured for Council;
4. Ensure consistency is achieved in valuing benefits under Planning Agreements across the local government area (LGA);
5. Provide a robust set of guidelines or procedures for valuing public benefits under Planning Agreements;
6. Include affordable housing as a constituent part of benefits from potential Planning Agreement contributions;
7. Provide a flexible means of achieving tailored development outcomes and focused public benefits, including agreement by communities to the redistribution of costs and benefits of development;
8. Secure off-site benefits for the community that so that development delivers a Net public benefit;
9. Provide clarity on the negotiation process and how it fits in to the Planning Agreement process from initiation to execution to delivery of negotiated benefits;
10. To facilitate dovetailing of the Planning Proposal and/or Development Application processes with the Planning Agreements process to ensure the best possible outcome is achieved for the wider community; and
11. Establish a transparent, consistent and accountable system that governs the use of Planning Agreements by Council.

This policy applies Planning Agreements that the Council might enter into with a person who requests changes to an environmental planning instrument or has made or proposes to make a development application or application for a complying development certificate, within the Inner West local government area (the Developer). The person may or may not be the landowner, and a Planning Agreement can be entered into with a person who has an arrangement with the Developer.

It is expected that Planning Agreements would normally be associated with development that is out-of-sequence or not contemplated by Council's Local Strategic Planning Statement (LSPS) to support infrastructure delivery and provide for public benefits that have some relationship to the development.