New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.7

7.7 Circumstances in which planning agreements can or cannot be required to be made

(cf previous s 93I)

(1) A provision of an environmental planning instrument (being a provision made after the commencement of this section)--

(a) that expressly requires a planning agreement to be entered into before a development application or application for a complying development certificate can be made, considered or determined, or

(b) that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into,

has no effect.

(2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement.

(3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with--

(a) the development application or application for a complying development certificate, or

(b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application or application for a complying development certificate,

or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A.

(4) In this section,
"planning agreement" includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 7.4.