To ensure Planning Proposals and Development Applications for new developments are met with adequate improvements to local amenities, such as pavements, roads, community facilities and open space, developers can enter into a Voluntary Planning Agreement (VPA) with a local Council or planning authority.
Under a VPA, a developer can:
- dedicate land free of cost
- pay a monetary contribution
- or provide any other material public benefit, or any combination of them, to be used for a public purpose.
VPA contributions can help to ensure new developments, and any associated increase in local population, are also accompanied by improved local facilities.
Planning Agreements - executed but not delivered in full
- 12-14 Waters Rd, Neutral Bay
Date executed: 25 August 2023
Parties to the VPA: North Sydney Council and CE Waters Pty Ltd as trustee for CE Waters Development Trust and CE Waters Retail Pty Ltd as trustee for CE Waters Retail Trust
Land to which VPA relates: 12-14 Waters Road, Neutral Bay
Proposal to which VPA relates: PP-2021-7492 (DPE Ref.); PP 2/22 (Council Ref.)
Description of Benefit: A monetary contribution of $1,900,000 towards the delivery of community infrastructure and public domain upgrades within the Neutral Bay Town Centre.
- 45 McLaren St, North Sydney
Date executed: 22 June 2023
Parties to the VPA: North Sydney Council and 45 McLaren Pty Limited and Proprietors Strata Plan 14598
Land to which VPA relates: 45 McLaren Street, North Sydney
Proposal to which VPA relates: PP-2022-1259 (DPE ref.); PP 6/20 (Council ref.)
Description of Benefit: Facilitates the delivery of a number of public benefits to the value of approximately $5.8 million, including a monetary contribution towards public infrastructure identified in the Ward Street Precinct Masterplan, streetscape upgrades adjacent to the site, expansion of an existing public through-site link across the southern portion of the site, and dedication to Council of one x two-bedroom affordable housing unit.
- 173-179 Walker St and 11 -17 Hampden St, North Sydney
Date executed: 30 May 2022
Parties to the VPA: North Sydney Council and Cbus Property R3 Pty Ltd and Eswood Home Units Pty Ltd
Land to which VPA relates: 173-179 Walker Street and 11-17 Hampden Street, North Sydney
Proposal to which VPA relates: PP-2020-141 (DPE ref.); PP 3/19 (Council ref.)
Description of benefit: Facilitates the construction and dedication to Council 5% of the total number of new dwellings (rounded down if not a whole number) constructed on the land post the instrument change for the purposes of affordable housing and a monetary contribution of $15,100 per additional dwelling constructed on the land, excluding any dwelling dedicated for affordable housing, post instrument change for the purposes of community infrastructure.
- 50-56 Atchison St, St Leonards
Date executed: 27 January 2022
Parties to the VPA: North Sydney Council and Epic Leisure Pty Ltd
Land to which VPA relates: 50-56 Atchison Street, St Leonards
Proposal to which VPA relates: PP-2021-3531 (DPE Ref); PP 3/18 (Council ref)
Description of Benefit: Facilitates the payment of a $1.4m monetary contribution towards the upgrade of Hume Street Park or public open space within the suburbs of St Leonards or Crows Nest within the North Sydney LGA; and provision of a 5.5m wide publicly accessible pedestrian through-site link from Atchison Street to Atchison Lane; and a 3m building setback from Atchison Street.
- 27-57 Falcon St, Crows Nest
Date Executed: 11 August 2021
Parties to the VPA: North Sydney Council and CN Land Pty Limited
Land to which VPA relates: 27-57 Falcon Street, Crows Nest
Proposal to which VPA relates: PP-2021-2647 (DPE ref.); PP 6/19 (Council ref.)
Description of Benefit: A monetary contribution of $800,000 towards the upgrade of Hume Street park or public open space within the North Sydney LGA as well as the Dedication of Land to Council for pedestrian pathways, including embellishment of that land.
- 23-35 Atchison St, St Leonards
Date executed: 17 September 2020
Parties to the VPA: North Sydney Council and TWT Property Group P/L &and Tildoon Pty Ltd
Land to which VPA relates: 23-35 Atchison St, St Leonards
Proposal to which VPA relates: PP_2018_NORTH_003_00 (DPE ref.); PP 1/18 (Council ref.)
Description of benefit: A monetary contribution of $2.8m for the purposes of contributing to new open space within the precinct, a 5m wide land dedication to Oxley St, as well as embellishment works and provision of a 6m wide publicly accessible through-site link to improve pedestrian connectivity in the area.
- 575-583 Pacific Hwy, St Leonards
Date executed: 26 July 2019
Parties to the VPA: Rosemate Pty Ltd
Land to which VPA relates: 575-583 Pacific Highway, St Leonards
Proposal to which VPA relates: PP_2017_NORTH_001_00 (DPE ref.); PP 7/15 (Council ref.)
Description of benefit: A monetary contribution of $4,095,803 for the purpose of contributing to new open space within the precinct, a setback of 3m from the Pacific Highway frontage, except where significant features of the Marco building already exist, a restriction on building height to RL 102.3 along the southern boundary, shared with 567-573 Pacific Highway, and a restriction on building height to RL 116.5 along the north-western boundary.
- 617-621 Pacific Highway, St Leonards
Date executed: 25 June 2018
Parties to the VPA: North Sydney Council and Anson City Developments 1 (Australia) Pty Ltd
Land to which VPA relates: 617-621 Pacific Highway, St Leonards
Proposal to which VPA relates: PP_2017_NORTH_003_00 (DPE ref.); PP 1/17 (Council ref.)
Description of benefit: Dedicated to Council two entire fitted out floors within the podium of a future development on the site for the purposes of an arts centre with an approximate value of $16.5m.
Planning Agreements - executed and delivered
- Crows Nest Metro Over Station Development
Date executed: 16 June 2021
Parties to the VPA: North Sydney Council and Sydney Metro (TfNSW) and The Minister for Planning and Public Spaces
Land to which VPA relates: 477-521 Pacific Highway and 14 Clarke Street, Crows Nest
Proposal to which VPA relates: SSD-9579 (DPE ref.)
Description of benefit: A total of $11.818m in monetary contributions, comprising $9.818m in monetary contributions which would ordinarily be required to be paid as part of the future development of the sites consistent with the State Significant Development Consent (approved December 2020 - ref SSD-9579) plus $2m over and above this. This contribution may be expended on the acquisition, embellishment or maintenance of public facilities including public open space.
- 31-33 Albany Street, Crows Nest
Date executed: 13 October 2016
Parties to the VPA: North Sydney Council and Winten (No.16) Pty Ltd &and Paluma Pty Ltd and Yuri Bolotin and Rae Bolotin
Land to which VPA relates: 31-33 Albany Street, Crows Nest
Proposal to which VPA relates: PP_2015_NORTH_009_00 (DPE ref.); PP 6/15 (Council ref.)
Description of benefit: A monetary contribution of $1.15m for the purposes of providing new open space within the precinct and a setback of 3 metres from Hume Lane to allow for increased footpath width and greater separation to buildings to the east of the site.
- 101-111 Willoughby Road, Crows Nest
Date executed: 19 May 2016
Parties to the VPA: Coles Group Property Developments Ltd (Coles)
Land to which VPA relates: 101-111 Willoughby Road, Crows Nest
Proposal to which VPA relates: PP_2014_NORTH_002_00 (DPE ref.); NSLEP 2013 (Amendment No.5).
Description of benefit: To construct a publicly accessible plaza of approximately 415sqm fronting Willoughby Road and redevelop the adjoining portion of Zig Zag Lane to include a dedicated pedestrian walkway separated from the roadway.
Provide four levels of basement parking with one level comprising of 67 residential car spaces and three levels comprising 206 public car spaces (consisting of 139 retail/public car spaces, 45 public car spaces to replace those lost in Zig Zag Lane, plus an additional 22 public car spaces) operated on the basis of two hours free parking.
Make a monetary contribution of $1.1m to Council for the right to manage and control the Non-Residential Car Park and to receive and retain all income derived from the Non-Residential Car Park, and purchase the adjoining portion of ZigZag Lane from Council for $2.4m.
- 6-16 Atchison St, St Leonards
Date executed: 21 December 2015
Parties to the VPA: North Sydney Council and St Leonards Property Development Pty Ltd and Atchison St Property Development Pty Ltd
Land to which VPA relates: 6-16 Atchison St, St Leonards
Proposal to which VPA relates: MP_09_0187 (DPE Ref.)
Description of benefit: A monetary contribution of $3,287,975 to be allocated towards public domain improvements and/or open space and/or local services and/or infrastructure works in the St Leonards/Crows Nest precinct west of Willoughby Road.
- 7-19 Albany St, St Leonards
Date executed: 27 May 2014
Parties to the VPA: North Sydney Council and Austino St Leonards Pty Limited
Land to which VPA relates: 7-19 Albany Street, St Leonards
Proposal to which VPA relates: PP_2014_NORTH_001_00 (DPE ref.); NSLEP 2013 (Amendment No.4).
Description of benefit: A monetary contribution of $700,000 for the provision of new open space. Facilitates the provision of 3m building setbacks from the Oxley Street frontage to allow for greater footpath widths. Sets a restriction on building height on the western portion of the land.
- 2 Vale St, Cammeray
Date executed: 21 June 2013
Parties to the VPA: North Sydney Council and Roger Simpson and Sally Irwin
Land to which VPA relates: 2 Vale Street, Cammeray
Proposal to which VPA relates: DA 305/2005
Description of benefit: Gifting of 750sqm of the site zoned Public Open Space to Council, the payment of a contribution of $270,000 towards the provision and upgrading of public facilities, and the creation and maintenance of a bushfire Asset Protection Zone and Riparian Zone on the land to be gifted. Revises original agreement to render it consistent with the Torrens title subdivision plan for the site and associated easements in S.96 application No 305/05/2 to modify the consent, and to exclude the proposed lot containing the existing house from the obligation to create and maintain the bushfire Asset Protection Zone and the Riparian Zone.
- 545-553 Pacific Highway, St Leonards
Date executed: 12 March 2013
Parties to the VPA: North Sydney Council and Ralan St Leonards Pty Ltd
Land to which VPA relates: 545-553 Pacific Highway, St Leonards
Proposal to which VPA relates: PP_2012_North_007_00 (DPE Ref); NSLEP 2001 (Amendment No.54).
Description of benefit: Provision of contributions including $1,527,500 for the purposes of providing new open space, 3m setbacks to provide for increased footpath widths, and retention of view corridor for apartments in Precision building.
