What is the purpose of the proposed Policy?

    The purpose of the Draft Works in Kind Policy is to establish a framework for Works in Kind Agreements in accordance with the provisions of the Environmental Planning and Assessment Act, 1979.

    Council has sole discretion to decide whether it will accept Works in Kind. However, Council and all persons dealing with Council in relation to Works in Kind will be required to follow this Policy.

    What is Works in Kind?

    New development creates the need for additional public amenities and public services.  Section 7.11 of the Environmental Planning and Assessment Act, 1979 provides that Where a consent authority is satisfied that a proposed development will require the provision of, or increase the demand for, public amenities and public services, it may grant Development Consent subject to a condition requiring a reasonable dedication of land or the payment of reasonable monetary contributions toward the extension or augmentation of those amenities or services.

    Section 7.11(5) of the Environmental Planning and Assessment Act, 1979 specifically provides that a consent authority may accept the provision of a material public benefit in satisfaction of a condition requiring the dedication of land or payment of a monetary contribution towards the provision of public services and amenities.

    A developer may seek to construct or provide public infrastructure or amenities in whole or part in lieu of making a monetary contribution.   This is known as Works in Kind.  

    Works in Kind Agreements can provide opportunities for developers to deliver infrastructure for the community earlier than Council would be able to achieve, as they are already constructing works on site.

    Can I view the Draft Works in Kind Policy?

    Yes. The Draft Works in Kind Policy and other supporting documentation can be viewed on this webpage. You can access these documents from the 'Document Library' located at the right hand bottom corner of this webpage. Alternatively, you can view them between 9.00am and 4.00pm Monday to Friday at Council’s Administration Office, 366 George Street, Windsor during the exhibition period.

    Can I get further information about the Draft Works in Kind Policy?

    Yes. Should you need any further information about the planning proposal, have any questions or if you have a difficulty in attending Council offices, please contact Colleen Haron Senior Strategic Land Use Planner on (02) 4560 4564.

    How can I make a submission?

    Written submissions can be:

    • posted to Hawkesbury City Council, PO Box 146,WINDSOR, NSW 2756; or
    • faxed to (02) 4587 7740; or 
    • emailed to: council@hawkesbury.nsw.gov.au or
    • submitted using the online submission form on this site.

    The last day for receipt of submissions is Monday 28 September 2020. 

    Do I need to include my personal information?

    The inclusion of personal information with your submission is voluntary. However, if not provided Council will not be able to contact you about the Draft Policy. 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.

    If I make a submission, will I be notified of which Council Meeting the matter will be decided?

    Yes. Council will notify all Submitters of the Council Meeting in which the Draft Works in Kind Policy will be decided. Submitters will be given an opportunity to make a short statement in support or objecting to the Draft Works in Kind Policy when Council decides whether or not to adopt the Draft Policy. You will also be notified in writing of Council’s decision. A copy of ‘Council’s Meeting Guide’ is available on Council's website www.hawkesbury.nsw.gov.au.