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.
Planning Agreement Policy (PDF 783kb)
Any Planning Agreements currently on exhibition can be found on Council’s Your Say page here: Yoursay Hornsby
Planning Agreements Register
Below is a list of planning agreements entered into by Hornsby Shire Council:
| Address/Title | Date Entered Into | Applicable Parties (Hornsby Shire Council and) | Description of Planning Agreement | Related application | Planning Agreement | Explanatory Note |
|---|---|---|---|---|---|---|
| 7 City View Road, Pennant Hills | 22 January 2024 | EG Funds Management Pty Ltd | Developer to dedicate four affordable housing units to Council in perpetuity, grant an easement for public access across the site and provide a monetary contribution of $450,000 towards improvements in the Pennant Hills Town Centre |
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. | Planning Agreement - 7 City View Road, Pennant Hills | Explanatory Note - 7 City View Road, Pennant Hills |
| 90-92 Franklin Road, Cherrybrook | 2 November 2023 | Goldmap Two Pty Limited | Developer to construct the civil road and drainage works on part of the land reserved for road widening at John Road and Franklin Road, Cherrybrook in connection with the carrying out of the development consent. |
DA/1146/2020 Demolition of structures and Torrens title subdivision of one lot into ten including a voluntary planning agreement for road acquisition | Planning Agreement – 90-92 Franklin Rd, Cherrybrook | Explanatory Note – 90-92 Franklin Rd, Cherrybrook |
| 35 Sefton Road, Thornleigh | 2 October 2019 | Trumen Norman Thornleigh Pty Ltd | Developer to make a financial contribution to offset any impacts of the development in accordance with Council's Green Offsets Code |
DA/510/2018
Subdivision of one lot into six and associated earthworks and civil works | Planning Agreement – 35 Sefton Rd, Thornleigh | Explanatory Note – 35 Sefton Road, Thornleigh |
| 2 Arrionga Place, Hornsby | 16 August 2016 | Samual Joseph Graiche and Emile Graiche | Developer to provide the financial contributions to offset the loss of native Blackbutt Gully Forest as a result of the development |
DA/1480/2014
Subdivision of one lot into two | Planning Agreement – 2 Arrionga Pl, Hornsby | Explanatory Note – 2 Arrionga Pl, Hornsby |
| 26-30 Orana Street & 39 Waitara Avenue, Waitara | 9 October 2014 | May Harlow Pty Ltd & The Owners - Strata Plan 42931 | Developer to dedicate the open space land to Council in connection with the carrying out of development consent |
DA/1370/2013
Demolition of existing dwelling and construction of a residential flat buildings comprising 295 units | Planning Agreement – 26-30 Orana St & 39 Waitara Ave, Waitara | Explanatory Note – 26-30 Orana St & 39 Waitara Ave, Waitara |
|
12 & 12B Surrey Street, Epping*
*This property is now the Responsibility of Parramatta Council from 13 May 2016. | N/A |
Julia Wright*
*Property subsequently sold and Deed of Assignment with Rong Xue Cai, Yan Hui Xu, William Cai, and Shirley Cai | Developer to provide financial contributions to offset the loss of native Sydney Turpentine Ironbark Forest as a result of the development |
DA/1398/2011
Subdivision of two lots into three and the demolition of an existing dwelling | Deed of Assignment – 12 & 12B Surrey St, Epping | Explanatory Note – 12 & 12B Surrey St, Epping |
| 39 Hannah Street, Beecroft | 27 July 2011 | Cecil Gilbert Cheng | Developer to provide financial contributions towards the replacement of 400m² of Blue Gum High Forest lost from the site |
DA/1470/2009
Subdivision of one lot into two | Planning Agreement – 39 Hannah St, Beecroft | |
| 5 Maroota Way, Beecroft | 24 December 2010 | Georgina Rahi | 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 |
DA/567/2010
Construction of a new single dwelling house | Planning Agreement – 5 Maroota Way, Beecroft |