FAQs

A Voluntary Planning Agreement (VPA) is a written agreement between a planning authority (which may be a local council) and a developer who wishes to make contributions to the planning authority as part of a development application or has sought to vary an environmental planning instrument.

To date, there have been two VPAs – one signed in 2010 and a new VPA signed in 2023.

The 2010 VPA was linked to the development of the Greenhills housing estate, on former Breen Resources land, and required the:

• Staged transfer of 91 hectares of land to public ownership for the purpose of environmental conservation and public open space
• Construction of regional recreation facilities, including 10 playing fields, a skate park, three amenities buildings, walking and cycling tracks, picnic facilities and associated parking for over 400 cars
• Rehabilitation and landscaping of degraded land previously dredged for sand mining to support an ecological ‘green corridor’ stretching from the Towra Point Nature Reserve to the ocean at Wanda Beach.

The 2023 VPA was signed between Council and Breen Resources in association with a State significant development (SSD) application to the NSW Government for a resource recovery facility on Breen’s land.

The 2023 VPA required the delivery of all aspects of the 2010 VPA, and then further embellishment and improvement of the parklands to also include:

• Car parking for 200 cars and coaches
• An outdoor amphitheatre
• Picnic facilities, including picnic tables and shelters
• A playground and village green
• Slide at the key lookout point
• Accessible walking tracks and trails and extensive landscaping. 

The above works are known as the Marang Parkland embellishment works.

The 2023 VPA required completion of the Marang Parkland embellishment works by 31 May 2026, subject to any construction-related delays.

To date, one sporting field, two hockey fields, a skate park, car parking and associated amenities and landscaping have been provided. 

Some land has also been transferred to Council.

As the assessment and determination of the resource recovery facility SSD application took some 15 months longer than anticipated, Breen Resources is unable to meet the required 31 May 2026 timeframe for the completion of the embellishment works. This delay is considered to be a construction related delay. 

It therefore necessary to amend the VPA.

The amended Voluntary Planning Agreement (VPA) updates obligations between Council and Breen Resources to ensure the timely delivery of the Marang Parklands and related commitments. 

Key changes include:

• Setting a commencement date for the Marang Parklands embellishment works of 1 May 2026. Compared to the current agreement, this creates an unconditional and clear start date for the embellishment works.  
• An additional annual payment to Council of up to $500,000 on 31 December 2026 to recognise the community impact of delayed parkland delivery. 
• Extending the date for ending the commercial use of the Marang Parklands land from 30 November 2026 to 29 February 2028, providing an additional 15 month period for the completion of the new resource recovery facility and the orderly relocation of operational elements such as the recycling plant, office, weighbridge and workshop to the new facility.
• Extending the date for the transfer of the entire Marang Parklands land to Council by an additional 15 months, from 30 November 2027 to 28 February 2029.

This contribution must be spent on either maintaining or improving the embellished Marang Parklands, including playing fields.

The $500,000 payment is in addition to penalty payments already required under the 2023 VPA.

No penalty payments have been received to date.

 All penalty payments will be payable from the amended VPA’s proposed commencement date of 1 May 2026.

This matter was considered by Council at its December 2025 meeting.

The VPA must be executed by both Council and Breen Resources before 31 May 2026, as this is the current date for the completion of the embellished Marang Parklands work. To allow this amended VPA and associated community feedback to be considered by Council, we are exhibiting the amended VPA between 12 January to 9 February 2026.