Planning agreements

A planning agreement is between Council and a developer and is undertaken to facilitate the dedication of land for a public purpose. Planning agreements are authorised and regulated by the Environmental Planning and Assessment Act, 1979.

A planning agreement may specify how works identified in a development contributions plan are to be delivered on Council's behalf. In the case of a large development, a planning agreement may provide additional community infrastructure.

Ku-ring-gai Council has adopted a policy to guide the preparation, negotiation and exhibition of planning agreements.

View the Planning Agreement Policy 2019(PDF, 902KB)

Applicants who wish to enter into a planning agreement  should read Council’s policy and seek a preliminary meeting before making a formal offer. All letters of offer to enter into planning agreements are reported to Council before formalising any draft agreement. Draft agreements are publicly exhibited for a minimum of 28 days.

Following exhibition, the draft planning agreement is again reported to Council. Ku-ring-gai Council meets monthly.

View Council’s Meeting Schedule

The current planning agreement policy is a revision of the now superseded policy of 2016. The original policy was first adopted in 2008. Some of the planning agreements listed below were negotiated under superseded policies.

The Council has a Planning Agreements Register that can be viewed below or at the Council's customer service centre, Level 4 818 Pacific Highway Gordon during business hours.

Proposed planning agreements

Proposed planning agreements are draft documents that have been reported to Council for public exhibition but not yet executed. The results of the public exhibition process will guide Council’s decision to enter into any planning agreement.

The first step in negotiating a planning agreement is lodging a formal letter of offer. Letters of offer are presented to Councillors at the next available Council meeting. The formal negotiation process follows the  letter of offer. Once an agreement has been drafted, it is reported to Council for exhibition and becomes a formal draft planning agreement, at which point it is entered into the Register below. 

This page contains the policy and online register for all planning agreements: draft, executed and discharged. All other Ku-ring-gai Council draft documents, plans and policies currently on exhibition or recently concluded are at Council's exhibition page.

Register of proposed planning agreements

There are no current draft Planning Agreements.

An exhibited draft Planning Agreement between Ku-ring-gai Council and the Memorial Club Roseville located at 64-66 Pacific Highway, Roseville and also relating to Part 62 Pacific Highway, Roseville, associated with Development Application DA0134/18, was withdrawn by the applicants, terminating that process. A new letter of offer by letter dated 26 October 2020 was submitted by the applicants and, by letter dated 23 November 2020, the applicants formally confirmed the termination of the previous draft Planning Agreement process. The original matter was formally finalised by a report to the OMC of 27 April 2021 addressing the issues raised during the public exhibition period.

The process arising from the second letter of offer remains is progress and, as yet, there has been no further formal draft Planning Agreement reported to Council for exhibition.

Register of planning agreements entered into

Havilah Lane Land Dedications - 51, 55 and 55A Lindfield Avenue, Lindfield

This Planning Agreement is for the dedication of land along the Havilah Lane rear frontage of 51, 55 and 55A Lindfield Avenue Lindfield for widening Havilah Lane and supporting future public domain improvements in accordance with the Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

View the Planning Agreement(PDF, 2MB)

An explanatory note is at the end of the above document.

This planning agreement was entered into by Council and by the developer Mayrin Three Pty Ltd on 3 October 2018.

Development application DA0175/17 was approved by the Land and Environment Court on 23 March 2018.

Post Office Lane Land Dedications – 1017 Pacific Highway, Pymble

This planning agreement is for the dedication of land along the Post Office Lane rear frontage of 1017 Pacific Highway, Pymble for widening Post Office Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010. It also provides for an easement  in gross for a public pedestrian link between Pacific Highway and Post Office Lane.

View the Planning Agreement - 1017 Pacific Highway, Pymble(PDF, 2MB)

The proposed Easement in Gross is Annexure A and the proposed dedication area is shown in the Plan of Subdivision at Annexure B to the above document.

An Explanatory Note is at the end of the above document. 

This planning agreement was entered into by Council on 6 March 2018. The agreement was subsequently executed by the developers on 3 September 2018 and is now current.

Development Application DA0039/16 was approved by Council on 7 October 2014.

Fitzsimons Lane Land Dedications – 900 Pacific Highway Gordon

This planning agreement is for the dedication of land along the Fitzsimons Lane rear frontage of 900 Pacific Highway, Gordon for widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

View the Planning Agreement - 900 Pacific Highway, Gordon(PDF, 2MB)

The proposed dedication area is shown in the Plan of Subdivision at Annexure A to the above document. An explanatory note is at the end of the above document.

This planning agreement was entered into by Council on 5 July 2018. The agreement was subsequently executed by the developers and is now current.

Development Application DA0226/16 was approved by the Land and Environment Court on 6 December 2016. A further Development Application DA0316/19 was approved by the Land and Environment Court on 22 July 2020 which supersedes the first. The Planning Agreement continues to relate to the land on which the development the subject of DA0316/19 is to be constructed.

Fitzsimons Lane Land Dedications – 870-898 Pacific Highway, Gordon

This planning agreement is for the dedication of land along the Fitzsimons Lane rear frontage of 870-898 Pacific Highway, Gordon widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

View the Planning Agreement - 870-898 Pacific Highway, Gordon(PDF, 3MB)

The proposed dedication area is shown in the Plan of Subdivision at Annexure A to the above document. An explanatory note is at the end of the above document.

This planning agreement was entered into by Council on 6 March 2018. The agreement was subsequently executed by the developers and is now current.

Development application DA0180/14 was approved by the Sydney West Joint Regional Planning Panel on 26 July 2016.

Moree Street, Gordon New Road Link (partial)

This planning agreement is for the delivery of a public road on 33 Moree Street Gordon, and specifies the relationship between this work and the development contributions arising from the development adjoining the proposed new road located on 29, 29A and 31 Moree Street Gordon.

In Gordon, a number of works are proposed to improve traffic and pedestrian access around the local centre. The planning agreement is to deliver a partial road link between Moree Street and Dumaresq Streets in Gordon concurrent with adjoining development.

View the Planning Agreement - Moree Street Gordon new road link (partial)(PDF, 2MB)

Engineering specifications are appendices. The works on the Dumaresq Street section of the road are covered by an existing executed planning agreement listed below.

An explanatory note is at the end of the document.

This planning agreement was executed on 23 November 2017.

Development application DA0095/15 was determined on 28 February 2017.

The matter was formally reported to Council on 20 August 2019 with the new road gazetted and named Hanson Way.

Fitzsimons Lane Land Dedications – 904-914 Pacific Highway, Gordon

This planning agreement is for the dedication of land along the Fitzsimons Lane rear frontage of 904-914 Pacific Highway, Gordon for widening Fitzsimons Lane and supporting future public domain improvements in accordance with Ku-ring-gai Development Control Plan and Ku-ring-gai Public Domain Plan 2010.

This planning agreement was executed on 24 February 2017 in counterparts which appear below.

Planning Agreement executed by WN Developments

Planning Agreement executed by Ku-ring-gai Council(PDF, 5MB)

An explanatory note appears as an appendix at the end of the document.

Development Application DA0407/13 was determined on 7 October 2014.

Dumaresq Street, Gordon New Road Link (partial)

This planning agreement is for a future public road on 32 Dumaresq Street, Gordon and specifies the relationship between this work and the development contributions arising from the proposed development. It also provides for the divestment by Council at an agreed market value of a strip of residual land between the road and the 28-30 Dumaresq Street Gordon.

Development Application DA0501/12 was determined on 23 May 2014. The planning agreement was executed on 25 September 2014. DA0501/12 lapsed and was replaced by a subsequent development application. Development Application DA0434/15 was determined on 24 March 2016.

Deed Voluntary Planning Agreement between Australia Wenzhou Group and Council(PDF, 7MB)

An explanatory note appears as the appendix to the above document.

This development site was subsequently sold to a new development company. and the agreement novated to the new owners.

The matter was formally reported to Council on 20 August 2019 with the new road gazetted and named Hanson Way.

Edgelea Development 100 Eton Road, Lindfield

In 2012 Defence Housing Australia entered into a planning agreement with Council in connection with the redevelopment of the UTS Ku-ring-gai site, known as 100 Eton Road Lindfield. This was in accordance with the terms of Condition B13 of Concept Approval MP06_0130 issued by the NSW Minister for Planning.

The agreement is linked to the first stage of development, being the initial subdivision, land dedication and works. Under the proposed agreement the developer is to pay monetary contributions and provide public benefits which include:

  • minimum of 9800 m² of land for a sports field.
  • 300m² of community space plus associated amenities.
  • ·new public access roads and parking.
  • a financial contribution of $200,000 for the future maintenance of the public roads in the vicinity.
  • environmental land.

Edgelea Development 100 Eton Road Lindfield NSW 2070 (also known as UTS Ku-ring-gai) DA0677/11(PDF, 3MB)

An explanatory note appears as Annexure B of the above document.

No past planning agreements have, been formally discharged although several are substantially complete, pending formal expiry of defects liability periods and/or final administrative processes.