What is a Planning Agreement?

    A Planning Agreement is an agreement entered into by a planning authority (in this case Sutherland Shire Council) and a developer, which delivers public amenities, land, services, housing or funding as contribution towards the provision of additional or modified local infrastructure.

    What is the background to this development application?

    On 25 March 2011, a development proposal for a mixed-use retail and residential development on Captain Cook Drive, Woolooware, known as ‘Woolooware Bay Town Centre,’ was declared a Major Project under (former) Part 3A of the Environmental Planning and Assessment Act 1979. This made the Minister the consent authority for the development.

    On 27 August 2012, the Planning Assessment Commission of New South Wales (PAC), as delegate of the Minister, issued a Concept Plan Approval for the development (MP10_0229). The Concept Approval is broken into three elements, relating to construction of residential apartment buildings on the western portion of the site; redevelopment of the football stadium in the central portion of the site; and the retail/redevelopment of the existing club on the eastern side of the site.

    On 8 August 2013, the PAC approved the Stage 1 Project Application for the construction of a retail centre on the eastern portion of the site including car parking, public domain and associated works.

    On 18 April 2018, a major modification (Modification 2) to the Concept Plan for the development was approved by the Planning Assessment Commission. The proposal included an increase in the amount of residential gross floor area, and added a serviced apartment/hotel operation, located generally over the approved retail centre on the eastern side of the site.

    Why is a Planning Agreement required in this instance?

    In approving Modification 2 to the Concept Plan, the Planning Assessment Commission included a condition that a Planning Agreement be made, also specifying the details of the Planning Agreement.

    The condition of the modified approval (Condition A9), is that the Developer and Council are to enter into a Planning Agreement (PA) requiring the Developer to make a monetary contribution of $1,400,000 to Council for the provision of new bicycle links, to provide 5% of residential floor space in the development for affordable rental housing, and to reserve 5% of apartments in the development for first home buyers.

    What do I need to consider when making a submission?

    Anyone making a submission is required to disclose any reportable political donation, or any gift to any local Councillor or employee of Council. Please be advised that all submissions received in response to the exhibition will be available as a public record.

    Who do I contact for further information?

    For further information, contact Council’s Strategic Planning Unit by phone 9710 0800, or email ssc@ssc.nsw.gov.au