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ARTICLE · 06 SEPTEMBER 2010

Voluntary Planning Agreements - The New Regime

Clayton Utz
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Changes to the law in NSW will affect the way developer contributions are determined in Voluntary Planning Agreements.

AustraliaReal Estate and Construction
Gary Best
Gary Best
Chloe Dexter
Chloe Dexter
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Changes to the law are about to be introduced to promote consistency and transparency in the way developer contributions are determined in Voluntary Planning Agreements (VPAs).

The Environmental Planning and Assessment Amendment Act 2008 addresses issues which planning authorities and developers will need to consider when determining developer contributions in VPAs, including

  • the time-frame for the delivery of infrastructure;
  • the impact of the contribution on the cost of the development; and
  • estimates of the cost of infrastructure and demand.

The Act was first passed in 2008 and was due to commence on 1 July 2010. Although it did not in fact come into force in July, the Act is due to commence shortly.

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