Planning agreements

Planning agreements are legal agreements between planning authorities (such as councils or the NSW Government) and developers.

Planning agreements are permitted under Section 7.4 of the Environmental Planning and Assessment Act, 1979 (EP&A Act). The EP&A Act sets out clear guidelines that both the planning authority and developer have to follow when entering into a planning agreement.

Hornsby Shire Council has a policy on planning agreements, which outlines Councils obligations for entering into a voluntary agreement with a developer to make contributions for a public purpose. These contributions may be instead of, or in conjunction with, Section 7.11 development contributions. Any agreement Council proposes to enter into, and the public purposes to be funded or provided, will be exhibited for public comment.

Any Planning Agreements currently on exhibition can be found on Council’s Yoursay Hornsby website.

Planning agreements register (2010 - ongoing)

Below is a list of planning agreements entered into by Hornsby Shire Council:

Related Application Number Land to which it applies Description of planning agreement (including any amendment) Date entered into Names of the parties Planning Agreement (TRIM No.) Explanatory Note (TRIM No.)
DA/1022/2021
Demolition of structures and Torrens title subdivision of one lot into 64 including a voluntary planning agreement for dedication of land and road and infrastructure acquisition		 36-56 David Road, Cherrybook Developer to transfer Lot 100 to Council as Marymount Forest Conservation Reserve to be held by Council in perpetuity, provision of funding for capital works and ongoing maintenance of Marymount Conservation Reserve, dedication of land as a public reserve to increase the size of the existing Tahlee Park and dedicate the Roads and Infrastructure to Council for public purposes 4/12/2024 Trustees of the Sisters of Mercy (Parramatta) Planning Agreement - 36-56 David Road, Cherrybrook (D09027448)(PDF, 19MB) Explanatory Note - 35-56 David Road, Cherrybrook (D08999508)(PDF, 148KB)
PP/1/2022
A Planning Proposal that seeks to amend planning controls in the Hornsby LEP to facilitate a mixed use development of apartments, seniors housing and office space.		 7 City View Road, Pennant Hills Developer to dedicate four affordable housing units to Council in perpetuity, grant an easement for public access across the site and provide a finanical contribution of $450,000 towards improvements in the Pennant Hills Town Centre 21/1/2024 EG Funds Management Pty Ltd Planning Agreement - 7 City View Road, Pennant Hills (D08813614)(PDF, 11MB) Explanatory Note - 7 City View Road, Pennant Hills (D0770020)(, 0B)
DA/1146/2020
Demolition of structures and Torrens title subdivision of one lot into ten including a voluntary planning agreement for road acquisition		 90-92 Franklin Road, Cherrybrook Developer to construct the civil road and drainage works on part of the land reserved for road widening at John Road and Franklin Road, Cherrybrookin connection with the carrying out of the development consent. 2/11/2023 Goldmap Two Pty Limited Planning Agreement – 90-92 Franklin Rd, Cherrybrook (D08762172)(PDF, 12MB) Explanatory Note – 90-92 Franklin Rd, Cherrybrook (D08672342)(PDF, 125KB)
DA/510/2018
Torrens title subdivision of one lot into six and associated earthworks and civil works		 35 Sefton Road, Thornleigh Developer to make a financial contribution to offset any impacts of the development in accordance with Council's Green Offsets Code 2/10/2019 Trumen Norman Thornleigh Pty Ltd Planning Agreement – 35 Sefton Rd, Thornleigh (D08704936)(PDF, 509KB) Explanatory Note – 35 Sefton Road, Thornleigh (D07673632)(PDF, 131KB)
DA/1480/2014
Torrens title subdivision of one lot into two		 2 Arrionga Place, Hornsby Developer to provide the financial contributions to offset the loss of native Blackbutt Gully Forest as a result of the development 16/8/2016 Samual Joseph Graiche and Emile Graiche Planning Agreement – 2 Arrionga Pl, Hornsby (D08704938) Explanatory Note – 2 Arrionga Pl, Hornsby (D06748271)(PDF, 75KB)
DA/1370/2013
Demolition of existing dwelling and construction of a residential flat buildings comprising 295 units		 26-30 Orana Street & 39 Waitara Avenue, Waitara Developer to dedicate the open space land to Council in connection with the carrying out of development consent 9/10/2014 May Harlow Pty Ltd & The Owners - Strata Plan 42931 Planning Agreement – 26-30 Orana St & 39 Waitara Ave, Waitara (D08704941)(PDF, 229KB) Explanatory Note – 26-30 Orana St & 39 Waitara Ave, Waitara (D08704942)(PDF, 1MB)
DA/1398/2011
Torrens title subdivision of two lots into three and the demolition of an existing dwelling		 12 & 12B Surrey Street, Epping*
*This property is now the Responsibility of Parramatta Council from 13 May 2016.		 Developer to provide financial contributions to offset the loss of native Sydney Turpentine Ironbark Forest as a result of the development N/A Julia Wright*
*Property subsequently sold and Deed of Assignment with Rong Xue Cai, Yan Hui Xu, William Cai, and Shirley Cai		 Deed of Assignment – 12 & 12B Surrey St, Epping (D08704943)(PDF, 268KB) Explanatory Note – 12 & 12B Surrey St, Epping (D01975783)(PDF, 703KB)
DA/1470/2009
Torrens title subdivision of one lot into two		 39 Hannah Street, Beecroft Developer to provide financial contributions towards the replacement of 400m² of Blue Gum High Forest lost from the site 27/7/2011 Cecil Gilbert Cheng Planning Agreement – 39 Hannah St, Beecroft (D08704944)(PDF, 2MB)
DA/567/2010
Construction of a new single dwelling house		 5 Maroota Way, Beecroft Developer to provide financial contributions to offset the loss of four Blue Gum High Forest trees on the site in accordance with Council’s Green Offset Code as a result of the development 24/12/2010 Georgina Rahi Planning Agreement – 5 Maroota Way, Beecroft (D08704945)(PDF, 391KB)
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