Burwood Council invites community feedback on the Draft Planning Agreement (PA) Policy 2025 and proposed amendments to the Burwood Local Environmental Plan 2012 (BLEP 2012).
These proposed changes aim to strengthen transparency, consistency and fairness in the way Council negotiates planning agreements with developers, ensuring infrastructure contributions deliver clear public benefits across the Local Government Area (LGA).
What Are Planning Agreements?
Planning Agreements, sometimes referred to as Voluntary Planning Agreements (VPAs) are legal contracts between Council and developers that allow developers to deliver or fund public infrastructure and services as part of development approvals or planning proposals.
Examples of contributions include land for parks, upgraded roads, community facilities or affordable housing.
VPAs are negotiated voluntarily but must serve a public purpose. They operate alongside other contribution mechanisms such as Section 7.11 and Section 7.12 levies, which help fund essential local infrastructure.
Why Is Council Reviewing Its Policy?
Council’s current planning agreement policies date from 2018. Since then, new State Government guidelines have been introduced to improve transparency and consistency in local planning.
Council has undertaken a comprehensive review of its planning agreement framework. As a result, a new Draft Planning Agreement Policy 2025 has been prepared to:
- Align with updated legislation and best practice
- Apply consistently across the entire LGA
- Improve clarity, probity and administrative efficiency
- Ensure public benefits from development are delivered fairly and transparently.
Proposed Changes to the Burwood Local Environmental Plan
To support the new Policy, Council is proposing amendments to Clauses 4.3A and 4.4A of the BLEP 2012. These amendments aim to:
- Expand bonus floor space provisions beyond the Burwood Town Centre to higher-density zones such as R1, R3, MU1 and E1
- Support the delivery of community infrastructure more broadly across the LGA
- Require design excellence, local character compatibility, and improved sustainability performance (including higher BASIX targets)
Key Features of the Draft Planning Agreement Policy 2025
The Draft Planning Agreement Policy 2025 has been developed with specialist advice to reflect updated legislation and ensure ease of use.
Key features include:
- Clear, consistent guidance on preparing and negotiating planning agreements
- Mandatory use of standard templates to improve transparency and efficiency
- An emphasis on delivering genuine public benefits that address the impacts of development
- A focus on probity, avoiding any perception that planning decisions can be bought or sold
Community Benefits
Planning Agreements can provide more flexibility than traditional developer contributions, enabling Council to negotiate infrastructure and services that directly benefit the community.
Examples of potential benefits include:
- Improved public open spaces and facilities
- Affordable housing contributions
- Better transport and infrastructure solutions
- Enhanced sustainability outcomes
The new Policy aims to ensure these benefits are delivered in a fair, consistent and transparent way.