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ARTICLE · 16 APRIL 2021

NSW government department releases new planning agreement Practice Note

This new Practice Note provides guidance for the application, negotiation and administration of planning agreements.

AustraliaReal Estate and Construction

The NSW Department of Planning, Industry and Environment (Department) has released its new Practice Note relating to planning agreements in the state, implementing a recommendation of the Kaldas review of decision-making in the planning system (Kaldas review). Those recommendations - all 19 of which were accepted by the NSW Government - included strengthening the role of the Independent Planning Commission, overhauling the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) and a reform of voluntary planning agreements struck between planning authorities and developers.

The new Practice Note clarifies the Government's vision for planning agreements, which it sees as tools for 'delivering innovative or complex infrastructure and public benefit outcomes'1. Reform was inspired by the Department's ambition to resolve uncertainty in the planning system, unlock new housing supply and deliver quality public infrastructure in NSW.

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