What is a Voluntary Planning Agreement (VPA)?
A Voluntary Planning Agreement (VPA) is an agreement entered into by a planning authority (such as Council) and a developer, that binds all parties and is legally enforceable.
Under the agreement a developer agrees to provide or fund:
- public amenities or services
- transport or other infrastructure
Contributions can be made through:
- dedication of land
- monetary contributions
- construction of infrastructure
- provision of materials for public benefit and/or use
VPAs cannot be entered into unless public notice has been given and an explanatory note is made available for inspection for at least 28 days.
What is the background to this VPA?
The draft VPA is complementary to the Hawkesbury Local Environmental Plan 2012 (Amendment No 5) which rezoned the land known as “Jacaranda Ponds”, Glossodia to enable the development of the site for approximately 580 residential allotments, a range of community-recreation facilities, environmental corridors, and a new package plant sewer system.
The objective of the draft VPA is for the developer (EJ Cooper and Son Pty Ltd) to provide Council with road works, community works, cash contributions, and dedication of lands required as a result of the proposed development.
Which land does this VPA apply to?
The draft VPA relates to development of land comprising:
- Lot 2, DP 533402, 103 Spinks Road, Glossodia,
- Lot 52, DP 1104504, 123 Spinks Road, Glossodia,
- Lot 20, DP 214753, 213 Spinks Road, Glossodia,
- Lot 75, DP 214752, 361 Spinks Road, Glossodia,
- Lot 3, DP 230943, 11 James Street, Glossodia,
- Lot 44, DP 214755, 3 Derby Place, Glossodia,
- Lot 50, DP 751637, 746A Kurmond Road, Freemans Reach,
- Lots 1, 2 and 3, DP 784300, 780A–780C Kurmond Road, North Richmond
What are the main parts of the VPA?
1. The total value of contributions per proposed allotment in this draft VPA is $30,000. (Note: the developer has made a separate agreement with the RMS in relation to a regional roads contribution of an additional $10,000 per allotment.)
2. The VPA proposes a combination of works and cash contributions by the developer. The contribution towards road works is approximately $12.276M, or 70.5% of the total contribution and the contribution towards Open Space and Community Facilities is approximately $5.124M, or 29.5% of the total contribution.
3. The proposed road works are shown in the attached draft VPA in Schedule 1 and include, but limited to; proposed rehabilitation works in Spinks Road, Creek Ridge Road and Gorricks Lane; culvert replacement in Spinks Road at currency creek; intersection works at Spinks Road/Kurmond Road, Wire Lane/Kurmond Road.
4. The proposed open space and community facilities are shown in the attached VPA in Schedule 2. These works consist of a combination of works, such as footpath (Derby Place to shops), bus stop (Spinks Road), park embellishments, and cash contributions towards refurbishment and extension to existing community centre and pre-school and works in Woodbury Reserve.
5. All land required to be dedicated to Council (approximate value of $5M - $6M) for open space, stormwater drainage or riparian areas is to be dedicated to Council at no cost (See Clause 11.3.5).
Who is involved in the VPA?
Hawkesbury City Council and EJ Cooper and Son Pty Ltd propose to enter into a Voluntary Planning Agreement (VPA), in accordance with Section 93G(1) of the Environmental Planning and Assessment Act 1979.
Can I view the draft VPA?
Yes. The draft VPA and other supporting documentation can be viewed on Council’s website at http://www.hawkesbury.nsw.gov.au/development/development-information/planning-policies or between 8:30am to 5pm, Monday to Friday at Council’s Administration Office, 366 George Street, Windsor during the exhibition period.
How can I make a submission?
If you choose to make a submission it will be taken into account by Council officers in finalising the VPA.
Written submissions should be referenced “Jacaranda Ponds VPA” and can be;
- posted to Hawkesbury City Council, PO Box 146,WINDSOR, NSW 2756; or
- faxed to (02) 4587 7740; or
- emailed to: firstname.lastname@example.org; or
- submitted using the online submission form on this site.
The last day for receipt of submissions is 20 April 2015.
Can the public or developer see my submission?
Please note confidentiality is not available to persons who make a submission.
The details of any submissions may be included in a Council report or forwarded to the proponent where it may help to resolve issues raised in the submission.
Information (including copies of submissions) may also be released in accordance with Council’s Access to Information policy and made available on Council’s website.
What about personal information?
Any comments about this proposal may contain information that is personal information, such as information that identifies you, etc, for the purposes of the Privacy and Personal Information Protection Act 1988. The inclusion of personal information with your submission is voluntary. However, if not provided Council will not be able to contact you about the proposed agreement. The information will be stored in Council's electronic records system and paper files. For your protection, Council recommends that you do not include defamatory comments in your submission.
How does my submission affect the VPA?
Council must take into consideration any submissions made and make any amendments if required prior to finalisation of the draft VPA.
Need more information?
Strategic Planning Co-ordinator
(02) 4560 4544