Voluntary planning agreements

A Voluntary planning agreement (VPA) is negotiated between a planning authority (like the City of Coffs Harbour) and a developer. VPAs are legal agreements made in connection with a planning proposal (PP) or development application (DA).

The public benefits delivered under VPA's can provide contributions for public purposes which can extend beyond the scope of Section 7.11 or 7.12 contribution plans. These benefits can include the dedication of land free of cost to the City, monetary contributions, public infrastructure, community facilities, affordable housing, another community benefit or any combination of these.

These agreements are made under the Environmental Planning and Assessment Act 1979 and the Environmental Planning Assessment Regulation 2021.

This page includes the City's:

 

How VPA's are managed at the City of Coffs Harbour

Step 1.Notice of Intention

  1. Review the City's VPA-Information-Requirements-Factsheet.pdf(PDF, 571KB).
  2. Complete and submit the City's Notice of Intention - Voluntary Planning Agreement online form prior to lodging a DA or PP.
  3. The City will notify you of the decision regarding the preliminary review of the Notice of Intention:
    • If the City is supportive of the offer the VPA will progress to negotiations.
    • If the City does not support the offer you may review and resubmit an offer based on the feedback provided.

Step 2.Negotiations 

  1. VPA negotiation fees will need to be paid upfront using the City's - Voluntary Planning Agreement online form.
  2. the City's VPA Panel will negotiate the details of the VPA. The negotiations will include review by the City's legal team.
  3. Once terms have been agreed and a letter of offer, VPA and explanatory note will be drafted.
  4. The VPA will progress to submission with the relevant application.

Step 3.Letter of Offer

  1. The relevant application will be submitted through the NSW Planning Portal which will include the negotiated draft VPA and explanatory note.
  2. The VPA will be exhibited in conjunction with the relevant application.
  3. At the close of the exhibition negotiations may be required to the draft VPA. Any legal reviews required may incur additional legal costs.

Step 4.Council Report

  1. The VPA and application will be reported to Council for consideration and resolution.

Step 5.Execution

  1. VPA is registered on the land title and uploaded to the City's VPA register. 
  2. Obligations under the VPA commence. 
  3. Monitoring and reporting to be completed as required.
  4. At completion of the obligations, if required maintenance and defects liability period commences.

 

VPA register

Lot 13 DP 591220 and Lot 6 DP 714455 - Cook Drive Coffs Harbour

Applicant: James and Margaret Auld

Rezoning of a portion of the land of land at Lot 13 DP 591220 from E2 (Environment Conservation) to B5 (Business Development). The planning agreement is deliver a public benefit by enhancing the natural environment by implementing a Vegetation Management Plan for Lot 13 DP 591220 and Lot 6 DP 714455. The Developer is required to provide yearly reports to the City throughout the 5 year follow-up period regarding the implementation of the Vegetation Management Plan.

Cook Drive Planning Agreement(PDF, 5MB)

Lot 1 DP 777555 - 1 Hamilton Drive, Boambee East

Applicant: J.R. Tait (MI Organics)

Rezoning a portion of land at Lot 1 DP 777555 and an addition to Schedule 1 (additional permitted uses) of LEP 2013 to provide planning controls to better reflect the current use of the land as a landscaping material supplies business, and to address environmental constraints. The planning agreement is to deliver a public benefit by enhancing the natural environment by implementing a Vegetation Management Plan for Lot 1 DP 777555. The Developer is required to provide periodic reports to the City on the implementation of the Vegetation Management Plan.

Hamilton Drive Planning Agreement(PDF, 1MB)

VPA 01/23 - Lot 51 DP 1057416, Ocean Parade Coffs Harbour

Applicant: Globuild Pty Ltd

Parties: City of Coffs Harbour, Globuild Pty Ltd, Coffs Coast Regional Park Trust

The development is for the subdivision of lot 51 CP 10576416, Ocean Parade into two lots and the erection of two 13 storey residential apartment buildings on each of the two lots. 

The VPA requires the developer to pay a monetary contribution of $200,000 for the purpose of Offsite Environmental Works. The City will provide the funds to the Coffs Coast Regional Park Trust for the purpose of carrying out the Offsite Environmental Works at Macaulays Headland. Any remaining funds will be used towards planning studies in the Park Beach Area. 

VPA 01/23 - planning agreement(PDF, 1MB)

VPA 01/23 - explanatory note(PDF, 190KB)  

 

 

Draft VPA public notices

There are no agreements on public exhibition

 

 

 

 

 

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